Terms
& Conditions

Effective Date: November 18, 2021

These website Terms of Service for www.mobiahealth.io constitute a legal agreement and are entered into by and between you and Mobia Health Innovations Incorporated (“Mobia Health”, “us”, “we”). The following Terms of Service, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these “Terms of Service”), govern your access to and use, including any content, functionality, and services offered on or through www.mobiahealth.io (the “Website”).

BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS OF SERVICE AND OUR PRIVACY POLICY, FOUND AT https://mobiahealth.io/privacy-policy, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.

Acceptance of Terms

These Terms of Service apply to all users of the Website.

The Website may contain links to third party websites that are not owned or controlled by Mobia Health. The links to the third-party websites are provided for your convenience, and the inclusion of the links does not imply approval or endorsement of the third-party websites by Mobia Health. Mobia Health has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. You are subject to any terms of service of such third-party sites.

Privacy Statement

Our Privacy Statement describes the personal information we collect when you and others use the Website. It also describes how we use the personal information you share with us and some of the steps we take to protect your privacy. Our Statement is part of these Terms of Conditions.

You acknowledge that you have read the Privacy Statement located on the Website at https://mobiahealth.io/privacy-policy, as it may be updated from time to time (the “Privacy Statement“), and hereby consent to the collection, use, disclosure and retention by us of your personal information (whether previously collected or to be collected) for the purposes identified therein. You also consent to our use of such personal information in accordance with applicable terms and conditions contained in the Privacy Statement, which is incorporated herein by reference and forms an integral part of these Terms and Conditions.

Privacy and Security

In connection with these Terms of Service, we may disclose, or you may learn of or have access to, certain confidential proprietary information owned by us or our affiliates or business partners. Confidential Information includes, but is not limited to, the Services, any artifacts, tools, methods, data or information, oral or written, that relates to Mobia Health or any of our existing or contemplated business activities, technology, developments, software, methods and trade secrets (“Confidential Information”).

Notwithstanding the foregoing, Confidential Information is deemed not to include information that: (i) is publicly available or in the public domain at the time disclosed, (ii) is or becomes publicly available or enters the public domain through no fault of the receiving party, (iii) is rightfully communicated to the receiving party by persons not bound by confidentiality obligations with respect thereto as evidenced by written records, (iv) is already in the receiving party’s possession free of any confidentiality obligations with respect thereto as evidenced by written records, (v) is independently developed by the receiving party without use of any Confidential Information as evidenced by written records; or (vi) is approved for release or disclosure by the disclosing party.

You shall maintain the Confidential Information in strict confidence and shall not disclose, publish or copy any part of the Confidential Information. You may use the Confidential Information solely for the purpose of these Terms of Service. You may not use Confidential Information, or any portion thereof, for the benefit of any third-party. You shall take all necessary precautions in handling the Confidential Information and limit disclosures on a strict need-to-know basis. Upon the termination or expiration of these Terms of Service, you will return to us or certify the destruction of all Confidential Information except such Confidential Information that we may expressly in writing authorize you to retain.

The security of your personal information is very important to us. Mobia Health uses physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Portions of the Website may require user registration. It is a condition of your use of the Website that all the information you provide through the Website is correct, current, and complete.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. Mobia Health is not responsible for circumvention of any privacy settings or security measures contained on the Website.

Acceptable Use Policy

Accessing our site, you agree to use our Website for lawful purposes, and not to use our Website for illegal purposes. If at any time you become aware of any violation, by any person or entity, of any part of these Terms and Conditions, you will immediately notify us and provide us with assistance, as requested, to stop or remedy such violation.

If we believe you are using our Website illegally or in a manner that violates these Terms and Conditions, we reserve the right to take legal steps necessary to prevent you from accessing our site.

International Use and Compliance

The owner of the Website is based in the Province of Nova Scotia in Canada. We provide this Website for use only by persons located in Canada. This Website is not intended for use in any jurisdiction where its use is not permitted. If you access the Website from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

User Accounts

To submit a resume in our Careers section, a user profile must be created. In creating this profile and submitting your information you are responsible to ensure the data provided is accurate and true. Accounts are created in the Ceridian application and Mobia Health does not have access to view or modify user profiles, nor change passwords. Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you, and you agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify Mobia Health immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.

Mobia Health reserves the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms of Service.

Modification of Site

Mobia Health may, in its sole discretion, revise these Terms of Service at any time without advance notice to you by posting the revised version of these Terms and Conditions, or Privacy Statement behind the respective link. When we change the Terms and Conditions, or our Privacy Statement, we will update the Effective Date at the top of this page. You are bound by such revisions by continuing to use or visit the Website after they are posted online. You agree to periodically review the Terms of Service in order to be aware of any such modifications and your continued use shall be your acceptance of these.

The information and material on this Website, and the Website, may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.

Support or Maintenance

Mobia Health is under no obligation to provide any website maintenance and does not provide user support related to Website usage.

Your Rights and Ownership

We put content on this website to inform clients about the programs and services that Mobia Health offers (the “Mobia Health Materials“). Unless otherwise specified, you may not reproduce materials on this site, in whole or in part, for commercial redistribution without prior written permission from us. Some of the content on this site may be subject to the copyright of another party.

Mobia Health’s Rights. All right, title, and interest in and to the Mobia Health Materials, including all intellectual property rights therein, are and will remain with Mobia Health and, with respect to materials of third parties, the applicable third-party providers own all right, title, and interest, including all intellectual property rights, in and to those third-party materials. You acknowledge and agree that you have no right, licence, or authorization with respect to any of the Mobia Health Materials or third-party materials (including any intellectual property rights therein) except as expressly set forth in these Terms of Service. All other rights in and to the MBIA Materials and third-party materials are expressly reserved by Mobia Health and the respective third-party licensors.

Disclaimers and Liability

THIS WEBSITE (INCLUDING WITHOUT LIMITATION ANY CONTENT OR OTHER PART THEREOF) CONTAINS GENERAL INFORMATION ONLY, AND WE ARE NOT, BY MEANS OF THIS WEBSITE, RENDERING PROFESSIONAL ADVICE OR SERVICES. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site.

THIS WEBSITE IS PROVIDED AS IS, AND WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING IT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THIS WEBSITE WILL BE SECURE, ERROR-FREE, FREE FROM VIRUSES OR MALICIOUS CODE, OR WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, AND ACCURACY

YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USAGE, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO LOSS OF SERVICE OR DATA. IN NO EVENT WILL MOBIA HEALTH OR ANY OF ITS LICENSORS, SERVICE PROVIDERS, OR SUPPLIERS BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS OF SERVICE FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, AGGRAVATED, EXEMPLARY OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN LINKS ON THIS WEBSITE MAY LEAD TO WEBSITES, RESOURCES OR TOOLS MAINTAINED BY THIRD PARTIES OVER WHOM WE HAVE NO CONTROL, INCLUDING, WITHOUT LIMITATION, THOSE MAINTAINED BY OTHER ENTITIES WITHIN THE DELOITTE NETWORK OR INDIVIDUAL PERSONNEL OF SUCH ENTITIES. WITHOUT LIMITING ANY OF THE FOREGOING, WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING SUCH WEBSITES, RESOURCES AND TOOLS, AND LINKS TO ANY SUCH WEBSITES, RESOURCES AND TOOLS SHOULD NOT BE CONSTRUED AS AN ENDORSEMENT OF THEM OR THEIR CONTENT BY US.

THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY SHALL BE APPLICABLE NOT ONLY TO US BUT ALSO TO EACH OTHER ENTITY WITHIN THE MOBIA HEALTH GROUP OF BUSINESSES AND TO OUR AND THEIR RESPECTIVE PERSONNEL.

THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY ARE APPLICABLE TO THE FULLEST EXTENT PERMITTED BY LAW, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Mobia Health, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms of Service or your use of the Website.

Governing Law and Choice of Forum

The Website and these Terms of Service will be governed by and construed in accordance with the laws of the Province of Nova Scotia and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Nova Scotia or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.

Any action or proceeding arising out of or relating to this Website and under these Terms of Service will be instituted in the courts of the Province of Nova Scotia and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

Waiver

No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms of Service operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Severability

If any term or provision of these Terms of Service is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms of Service or invalidate or render unenforceable such term or provision in any other jurisdiction.

Contact Us

If you have any questions regarding these Terms of Service, please contact us by email: Security.Officer@MobiaHealth.IO.

Mobia Health is registered in Canada at 100 Eileen Stubbs Avenue, Suite 100, Dartmouth, NS, B3B 1Y6