OmaScan Terms of Service

1. Agreement and Acceptance

These Terms of Service ("Terms") govern your access to and use of the OmaScan platform for home accessibility assessments, including the OmaScan mobile application for iPhone (the "Mobile App"), the OmaScan web application at app.omascan.com (the "Web App"), and the related services (together, the "Service"), provided by OmaScan Inc. ("OmaScan," "we," "us," or "our"). OmaScan also operates an earlier version of the Service on different infrastructure, described in the Privacy Policy, until it is retired. These Terms apply to that version as well.

By creating an account, accepting an invitation, or using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you use the Service on behalf of an organization, you represent that you have authority to bind that organization, and "you" includes both you and the organization.

If you do not agree to these Terms, do not use the Service.

Jurisdictions. The Service is designed and operated for users in Canada, outside Quebec. OmaScan's privacy and security program is built around Canadian federal law (PIPEDA) and the health privacy laws of Newfoundland and Labrador and Ontario, and is applied to the other provinces and territories outside Quebec on the basis that their health privacy laws impose equivalent obligations. OmaScan has not assessed the Service against Quebec's Law 25 or against the laws of any country other than Canada, and does not represent that the Service complies with them, other than as Section 6 provides for use in the United States. The Service is not offered for use in Quebec or outside Canada, except that use in the United States is available under a written agreement with OmaScan, including a Business Associate Agreement where HIPAA requires one. If you use the Service from a jurisdiction where it is not offered, and without such an agreement, you do so at your own risk and are solely responsible for determining whether your use is lawful. OmaScan may restrict access from particular jurisdictions.

Order of precedence. Where you or your organization and OmaScan have entered into a separate written agreement (including an Information Manager Agreement, Electronic Service Provider Agreement, Data Processing Agreement, Business Associate Agreement, pilot agreement, or enterprise subscription), that agreement prevails over these Terms to the extent of any conflict; nothing in such an agreement reduces the protections the Privacy Policy gives an individual.

2. Definitions

"Assessment" means one home accessibility assessment opened in the Service for one Subject, together with everything captured, uploaded, generated, or written inside it, including its title.

"Collaborator" means a person invited by email to view or edit a specific Assessment.

"Custodian" means a person or organization that has custody or control of Personal Health Information under applicable health privacy law, including a health information custodian under Ontario's PHIPA, a custodian under Newfoundland and Labrador's PHIA, or an equivalent role in another province or territory. A sole practitioner may be the Custodian of their own clients' information.

"Personal Health Information" or "PHI" means information about an identifiable individual's physical or mental health, the health care provided to them, or information collected in connection with a health assessment, including where it is contained in an Assessment.

"Professional User" means a user who creates Assessments, captures information for them, or manages them in a professional capacity, whether for their own practice, an employer, or a client.

"Subject" means the individual whose home, functional needs, or circumstances are the subject of an Assessment.

"Your Content" means the scans, photos, videos, recordings, transcripts, notes, measurements, annotations, placed equipment, Assessment titles, and other material that you, or people acting through your account or at your invitation, submit to or generate with the Service.

Terms defined in the Privacy Policy, including "Personal Information," "Service Usage Data," and "De-Identified Data," have the same meaning here.

3. Eligibility and Accounts

You must have reached the age of majority in your province or territory to create an account. Subjects who are minors may have information collected about them only with the consent of a parent, guardian, or substitute decision-maker obtained by the responsible Custodian or professional.

You must provide accurate and complete information when creating your account and keep it up to date. Sign-in is provided by our identity provider, Clerk, except on the earlier version of the Service described in the Privacy Policy, where it is provided by Amazon Cognito. You are responsible for keeping your credentials confidential and for all activity under your account. Enable multi-factor authentication where available. Notify us promptly at security@omascan.com if you believe your account has been compromised.

One account serves both the Mobile App and the Web App. Each device holds its own session, and signing out of one device does not sign you out of others.

4. User Types

Professional Users are subject to Section 6. You are a Professional User when you create an Assessment, capture scans, photos, video, audio, notes, or measurements for one, or manage Assessments in a professional capacity.

Collaborators access the specific Assessments they are invited to, at the permission level the inviter chose. A Collaborator with edit permission is responsible for the content they add or change. A Collaborator who is a health professional acting for a Custodian is also a Professional User for that Assessment.

Organizations. Where OmaScan offers organization accounts, the organization is responsible for its members' compliance with these Terms and for the accuracy of its member list, and its written agreement with OmaScan governs how its members' Assessments are managed.

You may act in more than one capacity at different times; the provisions applicable to each capacity apply to your use in that capacity.

5. Acceptable Use

You agree to use the Service only for its intended purposes and in compliance with these Terms and applicable law. You will not:

• use the Service in a way that violates applicable law, including privacy, health, intellectual property, or export laws;
• capture, upload, or share content you do not have the right to capture, upload, or share, including scans, images, or recordings of people or places without the consents required by law;
• interfere with, disable, or compromise the security or integrity of the Service, or attempt to access accounts or data you are not authorized to access;
• alter capture metadata, misrepresent who performed a capture, or otherwise manipulate Assessment content with intent to mislead;
• reverse engineer, decompile, or attempt to derive the source code of the Service, except to the extent this restriction is prohibited by law;
• use automated tools to scrape, mine, or bulk-download the Service;
• resell, sublicense, rent, or make the Service available to third parties on a commercial basis except under a written agreement with OmaScan;
• use the Service to harass, threaten, defame, or harm others, or to upload unlawful or abusive content;
• circumvent plan limits, paywalls, or access controls;
• remove or obscure OmaScan marks or proprietary notices from the Service or its outputs.

You are responsible for Your Content and your use of the Service. OmaScan may investigate and act on violations, including suspension or termination.

6. Professional Users, Custodians, and Regulated Use

If you are a Professional User, or use the Service under a Custodian's authority, the following applies.

Authority. You represent that you have all rights, authorizations, and consents necessary for the Assessments you create, for Your Content, and for the license in Section 8, including consents from Subjects or their legal representatives, from your employer or clinical organization, and, where applicable, from any professional regulator with authority over your practice.

Your own obligations. You remain responsible for your professional, regulatory, and legal obligations, including under provincial health privacy laws (for example, Ontario's PHIPA and Newfoundland and Labrador's PHIA), PIPEDA, and the standards of your regulatory college. These Terms do not modify or relieve those obligations. In particular, the Service is a working tool; the official clinical record remains the Custodian's, and you are responsible for transferring to that record whatever it must contain.

OmaScan's role. Where you use the Service as or for a Custodian, OmaScan processes Personal Health Information solely on the Custodian's instructions, as that Custodian's information manager under Newfoundland and Labrador's PHIA, agent or electronic service provider under Ontario's PHIPA and its regulations, or in the equivalent role elsewhere in Canada. Where the Custodian and OmaScan have signed a separate agreement, that agreement sets the role and the permitted purposes; where they have not, these Terms and the Privacy Policy do. OmaScan uses Personal Health Information only for the purposes set out in these Terms and the Privacy Policy, and discloses it only to the subprocessors the Privacy Policy lists, as the Custodian directs, or as the law requires.

OmaScan's undertaking. OmaScan will comply with the health privacy legislation and regulations that apply to the Personal Health Information it handles for a Custodian, including Newfoundland and Labrador's PHIA, Ontario's PHIPA, and their regulations, and with these Terms and the Privacy Policy. A Custodian may request and review OmaScan's privacy and security policies and its practices for handling Personal Health Information by writing to security@omascan.com.

Written agreement. Where your health privacy law requires a written agreement between a Custodian and its information manager, agent, or electronic service provider, it is the Custodian's responsibility to put that agreement in place with OmaScan before Personal Health Information is processed through the Service on its behalf. Send the agreement you require to security@omascan.com; OmaScan will review and sign a reasonable Information Manager Agreement, Electronic Service Provider Agreement, or equivalent. Where no separate agreement is in effect, these Terms and the Privacy Policy are the written terms on which OmaScan handles Personal Health Information for the Custodian, and they set the permitted purposes, the service providers, the safeguards, and the retention and destruction obligations. You are responsible for satisfying yourself that they meet your obligations, and OmaScan may suspend processing of Personal Health Information where your law requires a separate agreement and none is in place.

United States. Where the Service is used by or for a HIPAA covered entity or business associate, use of the Service for Protected Health Information requires a Business Associate Agreement executed with OmaScan. Under that agreement OmaScan acts as a business associate and processes Protected Health Information only as the agreement and HIPAA permit. Protected Health Information is held in Canada on the infrastructure described in the Privacy Policy; HIPAA does not require United States residency.

Clinical and regulatory decisions. The Service is a capture, documentation, and measurement tool. It is not a medical device, a clinical decision-making tool, or a compliance certification tool. All clinical, regulatory, construction, and safety decisions remain the responsibility of the qualified professional. You agree to review outputs, verify measurements as described in Section 7, and exercise professional judgment before relying on the Service for any decision affecting the health, safety, or legal rights of a Subject.

Subject consent. You are responsible for obtaining the consents required from Subjects or their legal representatives for the collection, use, and disclosure of Personal Health Information through the Service, including for (a) scanning, photographing, and video-recording the home, (b) audio recording during a visit, (c) processing of photos, video, and audio by the AI features described in Section 9, (d) sharing the Assessment with the Collaborators you invite, and (e) the creation of De-Identified Data as described in Section 8. You are also responsible for honouring any restriction a Subject places on the use of their information. OmaScan provides model consent language on request.

7. Capture, Measurements, and Accuracy

Capture. The Mobile App uses the device's camera and depth sensors to produce 3D scans of rooms and objects, captures photos and video, records audio when you start a recording, and records typed notes and measurements. The Service records the time of each capture and the Assessment it belongs to, and keeps an access log of the account and application behind each request for the period stated in the Privacy Policy.

Audio. Recording starts only when you start it, shows a visible indicator, and can be stopped at any time. You are responsible for confirming that everyone whose voice may be recorded has been informed and that the required consents are in place.

Accuracy. Measurement accuracy depends on the capture method, device, lighting, environment, and technique. Measurements produced from scans are estimates within the tolerances of the device's sensors and are not survey-grade. Where a scan does not support a confident measurement, the Service may show a lower-confidence value or none.

Your responsibilities. You remain responsible for confirming that captures are of sufficient quality for your intended use; recapturing where quality is insufficient; independently verifying, by physical measurement, any dimension where accuracy matters to safety, regulatory compliance, or installation fit; and applying professional judgment before relying on the Service for clinical, regulatory, or construction decisions. The Service is not a substitute for on-site physical verification where accuracy is safety-critical.

8. Your Content and Our Use of Data

Ownership. OmaScan does not claim ownership of Your Content. As between you and OmaScan, you retain all rights in Your Content.

License to OmaScan. You grant OmaScan a worldwide, royalty-free, non-exclusive license to host, store, copy, transmit, display, process, and analyze Your Content, exercised consistently with the storage locations described in the Privacy Policy, in order to: operate, maintain, secure, and support the Service; generate the outputs you request, including transcripts, captions, measurements, and copies of Your Content; provide the Service to the Collaborators you authorize; create De-Identified Data where permitted below; and comply with legal obligations. This license ends when Your Content is deleted from the Service, except for De-Identified Data and Service Usage Data as described below. Where Your Content is Personal Health Information held for a Custodian, this license is limited to what the Privacy Policy describes and what the Custodian instructs, and by any separate agreement between that Custodian and OmaScan.

Service Usage Data. OmaScan collects data about how the Service is used, as described in the Privacy Policy. It is associated with your account but is not intended to include Your Content or information identifying Subjects. OmaScan uses it to operate, secure, and improve the Service and may retain it after account closure for the period stated in the Privacy Policy.

De-Identified Data. OmaScan may create de-identified and aggregated data from Your Content and use of the Service, processed so that it cannot reasonably be used to identify you, any Subject, or any specific home. De-Identified Data is not Personal Information or Personal Health Information. OmaScan may use De-Identified Data to operate, evaluate, and improve the Service and its AI features, to produce aggregate statistics and benchmarks, and for health research, including publication of aggregate results. OmaScan does not attempt to re-identify it. Where Your Content is Personal Health Information held for a Custodian, the Custodian authorizes this by accepting these Terms and may withdraw that authorization at any time by writing to security@omascan.com. This Section survives termination.

AI training. OmaScan will not use Your Content, Personal Health Information, or your identifiable inputs to train, fine-tune, or improve general-purpose artificial intelligence models, and its agreement with its AI provider commits the provider to the same restriction. This restriction does not apply to De-Identified Data or to the ordinary operation of the features described in Section 9.

9. AI-Assisted Features

The Service uses a third-party large language model, hosted on Google Cloud in Canada, to caption photos and videos and to transcribe audio recordings. The model receives only the file being processed and an instruction. Outputs are stored with the Assessment and are deleted with it. The Privacy Policy describes the provider, the region, and the data handling terms.

AI outputs may contain errors, omissions, or misinterpretations and do not make clinical, regulatory, compliance, or safety determinations. You are responsible for reviewing AI outputs before relying on them. AI features are not a medical device or a clinical decision support system. OmaScan provides human review on request of an AI output that concerns you or a Subject; contact security@omascan.com.

OmaScan will describe any new AI feature that processes Your Content in the Privacy Policy before enabling it for you.

10. Sharing and Collaborators

You can invite Collaborators to an Assessment by email with view or edit permission, and remove them at any time. Invitations are sent by email on your behalf; they identify you and the Service, contain no Assessment content, and tell the recipient how to stop receiving invitations. You confirm that you have a relationship with the person you invite and the authority to share the Assessment with them. A Collaborator sees the Assessment content you share, including any Personal Health Information in it; you are responsible for confirming that the Subject's consent and your Custodian's policies permit that disclosure. Collaborators are bound by these Terms and, where they act for a Custodian, by their own obligations under health privacy law.

11. Third-Party Applications and Imported Files

Where you import scan or media files produced by other applications, those applications' terms and privacy policies govern their own processing, and OmaScan's obligations attach from the moment the file is uploaded to the Service. OmaScan makes no representation about the accuracy or suitability of imported files. The Service may link to or integrate with third-party services, which are subject to their own terms.

12. Intellectual Property and License to the Service

OmaScan and its licensors own all right, title, and interest in the proprietary portions of the Service, including source code, product design, interfaces, capture and processing methods, trademarks, documentation, and proprietary algorithms and models. Third-party and open-source components are licensed under their own terms.

Subject to these Terms, OmaScan grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for its intended purposes. Installation of the Mobile App on your device is licensed under Apple's standard licence terms for App Store apps. You may not copy, modify, distribute, sell, rent, reverse engineer, or create derivative works of the proprietary portions of the Service except as permitted by law or a separate written agreement.

Feedback, suggestions, and ideas you provide may be used by OmaScan without obligation to you.

13. Plans, Fees, and Payment

The Service is offered on the plans described at omascan.com or in your written agreement. Plans may include limits on Assessments, storage, or features. If you purchase a paid plan, you agree to pay the fees stated at purchase, plus applicable taxes, at the stated interval until you cancel. Payments are processed by Stripe through our billing provider; OmaScan does not store card numbers. Fees are non-refundable except as required by law or stated in a written offer. OmaScan may change fees on at least thirty days' notice, effective at your next billing cycle. Organization subscriptions are governed by their written agreements.

14. Term, Termination, and Account Deletion

These Terms apply while you have an account or use the Service.

By you. You may close your account at any time by emailing support@omascan.com from the email address on the account. Account deletion is described in the Privacy Policy.

By OmaScan. OmaScan may suspend or terminate your access if you violate these Terms, if your use creates a risk of legal liability or harm, if your account is inactive for more than twelve months, or if OmaScan discontinues the Service or a plan. Where practical and lawful, OmaScan will give at least thirty days' notice before suspending or terminating for reasons other than a violation or a security risk.

Effect. On termination, your right to use the Service ends and Your Content is handled under the Privacy Policy and any applicable Custodian agreement. Assessments you created for a Custodian remain subject to that Custodian's retention instructions. Where Your Content includes Personal Health Information held for a Custodian, OmaScan returns or securely destroys it on the Custodian's written instruction, or on written notice that the Custodian has stopped using the Service, as the Custodian directs and in respect of the records the instruction or notice identifies, and confirms destruction in writing. You may request a copy of Your Content in a structured, machine-readable format before termination and for thirty days after, subject to Custodian instructions where the content is Personal Health Information. If a user dies, the estate's legal representative may contact security@omascan.com.

Sections 2, 6, 8 (De-Identified Data, Service Usage Data, AI training), 12, 14 (Effect), 15, 16, 17, 18, 20, 21, and any provision that by its nature should survive, survive termination.

15. Disclaimers

No professional advice. The Service is a tool, not a substitute for medical, clinical, regulatory, legal, construction, financial, or other professional advice.

Not a medical device. The Service is not intended to diagnose, treat, mitigate, or prevent disease or any medical condition. In clinical contexts it is a capture, documentation, and reference tool used by qualified professionals who remain responsible for all clinical decisions.

"As is." Except as expressly stated in these Terms or a separate written agreement, the Service is provided "as is" and "as available." To the fullest extent permitted by law, OmaScan disclaims all other warranties, express, implied, or statutory, including merchantability, fitness for a particular purpose, and non-infringement. OmaScan does not warrant uninterrupted or error-free operation, or that measurements, captions, or transcripts are accurate.

Third-party content. OmaScan makes no warranty about content added by other users, imported files, or third-party services.

Consumer law. Where law does not allow certain exclusions, they apply to the fullest extent permitted, and you may have additional non-waivable rights.

16. Limitation of Liability

To the fullest extent permitted by law, OmaScan, its affiliates, and their directors, officers, employees, agents, licensors, and suppliers are not liable for indirect, incidental, special, consequential, punitive, exemplary, or aggravated damages; loss of profits, revenue, opportunity, savings, goodwill, or data; damages from reliance on measurements, AI outputs, or third-party content; damages from unauthorized account access resulting from your failure to protect credentials; or damages arising from third-party applications or services.

OmaScan's total liability for all claims arising out of or relating to these Terms or the Service will not exceed the greater of (a) the fees you paid to OmaScan in the twelve months before the event giving rise to the claim, or (b) CAD $1,000.

These limits do not apply to liability arising from fraud or fraudulent misrepresentation by OmaScan; OmaScan's gross negligence or wilful misconduct; death or personal injury caused by OmaScan's negligence; OmaScan's breach of its confidentiality or security obligations under a separate written agreement with a Custodian, to the extent that agreement provides otherwise; or any liability that cannot be excluded or limited by law, including under Ontario's PHIPA, Newfoundland and Labrador's PHIA, and PIPEDA. Nothing in these Terms limits the rights of an individual who is not a party to them.

17. Indemnification

You agree to defend, indemnify, and hold harmless OmaScan, its affiliates, and their directors, officers, employees, agents, and licensors from third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: your use of the Service in violation of these Terms or law; Your Content, including infringement or privacy claims; your breach of any representation in these Terms; your failure to obtain required consents from Subjects or others; your sharing of an Assessment with a Collaborator without the required consents; or your clinical, regulatory, construction, or other professional decisions.

OmaScan will promptly notify you of a claim and may participate in the defence at its own expense. You will not settle a claim in a manner that imposes obligations on OmaScan without OmaScan's written consent. This Section does not require indemnification for claims arising from OmaScan's gross negligence, wilful misconduct, or breach of these Terms.

18. Privacy

Our Privacy Policy describes how we collect, use, disclose, retain, and protect Personal Information, including Personal Health Information, where it is stored, which service providers process it and in which country, and your rights. You consent to the practices described there. Where a Custodian relationship applies, the written agreement with the Custodian also governs. You consent to receive service communications from OmaScan electronically and agree that electronic communications satisfy any writing requirement.

19. Changes to These Terms

OmaScan may update these Terms. For material changes, we will notify you by email or in-app notice before they take effect. Each version carries a version number, the version you accepted is recorded in your consent record, and previous versions are retained. Continued use after the effective date constitutes acceptance; if you do not agree, stop using the Service and close your account.

20. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Province of Newfoundland and Labrador and the federal laws of Canada applicable there, without regard to conflict-of-laws principles. The parties will first attempt in good faith to resolve any dispute within thirty days of written notice. Unresolved disputes are subject to the exclusive jurisdiction of the courts of Newfoundland and Labrador, except that either party may seek urgent injunctive or equitable relief in any competent court. Where a Custodian agreement specifies a different governing law or forum, that agreement governs disputes under it. The choice of Newfoundland and Labrador law does not affect any individual's rights under the privacy or health privacy law of their province or territory of residence, including the right to complain to their provincial or territorial privacy commissioner. Consumers with non-waivable venue or governing-law rights retain them. Claims must be brought within two years after the cause of action arises, or such longer period as the law requires.

21. General Provisions

Entire agreement. These Terms, the Privacy Policy, and any separate written agreement constitute the entire agreement regarding the Service.

Severability. Unenforceable provisions are modified to the minimum extent necessary; the remainder stands.

No waiver. Failure to enforce is not a waiver.

Assignment. You may not assign these Terms without OmaScan's written consent. OmaScan may assign them to an affiliate or in connection with a merger, acquisition, reorganization, or sale of assets, with notice to you.

Independent contractors. No partnership, joint venture, agency, or employment relationship is created, except the agency or service-provider role OmaScan holds toward a Custodian under health privacy law and the Custodian's agreement.

Force majeure. Neither party is liable for failures caused by events beyond its reasonable control.

Apple. The Mobile App is distributed through the Apple App Store under Apple's standard licence terms. These Terms are between you and OmaScan only; Apple is not a party to them and has no obligation to provide maintenance or support for the Mobile App.

Third-party beneficiaries. None, except the persons protected under Sections 15, 16, and 17, and except Apple Inc. and its subsidiaries, who are third-party beneficiaries of your licence to use the Mobile App and may enforce it against you.

Language. The English version of these Terms prevails where the law permits. Les parties confirment avoir demandé que ces conditions soient rédigées en anglais.

22. Contact Information

See also the OmaScan Privacy Policy.