OmaScan Terms of Service

1. Agreement and Acceptance

These Terms of Service ("Terms") govern your access to and use of the OmaScan assessment, documentation, and verification platform, including our mobile applications, web applications, guided capture experiences, verification pages, and related services (collectively, the "Service"), provided by OmaScan Inc. ("OmaScan," "we," "us," or "our").

By creating an account, accessing, or using the Service, including accessing a Verification Page, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you are accessing the Service on behalf of an organization, you represent that you have the authority to bind that organization, and "you" includes both you individually and that 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. OmaScan's privacy and security compliance program covers Canadian federal law (PIPEDA) and provincial law in provinces other than Quebec. Use of the Service in the United States is available only under a written agreement with OmaScan (including a Business Associate Agreement where required); see Section 6. OmaScan has not assessed the Service against Quebec's Law 25 or against the laws of jurisdictions outside Canada and the United States, including the GDPR, and does not represent that the Service is compliant with those laws. If you use the Service from such a jurisdiction without a written agreement with OmaScan, you are solely responsible for determining whether your use satisfies your obligations, and you accept the risk of that use. OmaScan may restrict access from particular jurisdictions or require additional terms.

Order of precedence. Where you or your organization and OmaScan have executed a separate written agreement (including an Information Manager Agreement, Data Processing Agreement, Business Associate Agreement, license agreement, pilot agreement, or enterprise subscription), that agreement prevails over these Terms to the extent of any conflict.

2. Definitions

"Capture Session" means a session in which the Service is used to collect information about a home or Subject, including scans, depth data, measurements, photos, video, audio recordings, responses to guided questions, and associated metadata.

"Case" means one patient case (one Subject, one home) opened in the Service, which is the unit of pricing and of record.

"Claim Record" means the structured record the Service creates for a factual statement, including its value, source category (measured, observed, reported, or clinician-authored), method, device, time, capture actor, plan item, location anchor, and integrity hash.

"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, information manager, covered entity, business associate, or equivalent role.

"Guided Capture User" means an individual (for example, a family member, caregiver, or support worker) who performs a Capture Session under the direction of a Professional User or Custodian, following a capture plan prescribed through the Service.

"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 contained in a Capture Session or report.

"Professional User" means a user who uses the Service to plan, capture, manage, generate, sign, or submit assessments in a professional capacity, whether for their own practice, an employer, or a client.

"Signed Record" means a report or assessment version that a Professional User has electronically signed through the Service, together with its Claim Records and integrity hash.

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

"Verification Page" means the OmaScan-hosted page or interface through which an authorized recipient of a report can confirm the matters described in Section 9.

"Viewer User" means a user who accesses the Service to view content shared with them and who is not acting as a Professional User or Guided Capture User in that interaction.

"Your Content" means the Capture Sessions, scans, measurements, annotations, reports, photos, recordings, files, messages, and other materials that you or others acting through your account or at your direction submit to or generate using the Service.

3. Eligibility and Account Registration

To create an account you must be at least the age of majority in your jurisdiction of residence. Subjects who are minors may have information collected with appropriate parental or guardian consent obtained by the responsible Custodian.

You must provide accurate and complete information when creating your account and keep it up to date. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us promptly at security@omascan.com if you believe your account has been compromised.

Guided Capture Users may participate in a Capture Session through an invitation flow without creating a full account. By proceeding with a guided Capture Session, a Guided Capture User accepts these Terms for that session.

4. User Types

Professional Users are subject to the additional terms in Section 6. You are a Professional User when you plan or direct Capture Sessions, sign reports, manage Cases, or otherwise use professional features.

Guided Capture Users perform capture only, under a plan prescribed by a Professional User or Custodian. A Guided Capture User does not make, and is not asked to make, any clinical or professional judgment. A Guided Capture User's obligations are limited to: following the capture plan honestly, only capturing spaces and information they are authorized to capture, and not misrepresenting who performed the capture. The consents required for the collection of a Subject's Personal Health Information remain the responsibility of the responsible Professional User or Custodian, not the Guided Capture User. Performing a guided Capture Session does not make an individual a Professional User.

Viewer Users access shared content. Viewer Users do not grant OmaScan a license over content uploaded by others; content a Viewer User separately submits is treated as Your Content.

Verification recipients. A person who accesses a Verification Page (for example, a reviewer acting for a funder or program) does not require an account. Access to a Verification Page is subject to Sections 5 and 9 and to the Privacy Policy.

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 any 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
• 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
• Falsify, manipulate, or attempt to manipulate a Capture Session, Claim Record, Signed Record, or Verification Page, including altering capture metadata, misrepresenting the capture actor, or staging capture conditions with intent to mislead
• Represent that OmaScan has verified any matter that a Verification Page does not state, or alter, obscure, or remove OmaScan marks, integrity indicators, or proprietary notices from reports, artifacts, or outputs
• 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 or mine the Service, including Verification Pages, except standard non-intrusive crawlers on public marketing pages
• 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 usage limits, Case metering, paywalls, or access controls

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 in connection with a Custodian role or under a Custodian's authority, the following applies.

Authority. You represent that you have all rights, authorizations, and consents necessary for the Capture Sessions you conduct or direct, for Your Content, and for the license in Section 10, including consents from Subjects (or their legal representatives), your employer or clinical organization, and any professional regulator with authority over your practice. Where a Guided Capture User performs capture at your direction, you are responsible for confirming that the Subject's consent covers guided capture by that person.

Your own obligations. You remain responsible for your professional, regulatory, and legal obligations, including under provincial health privacy laws (for example, Newfoundland and Labrador's PHIA, Ontario's PHIPA, Alberta's HIA), PIPEDA, and the rules of your regulator. These Terms do not modify or relieve those obligations.

Canada: information manager / service provider role. Where you use the Service as or for a Custodian in Canada, OmaScan processes Personal Health Information solely on the Custodian's instructions, in the role recognized by applicable health privacy law (agent, Electronic Service Provider, or information manager). The Custodian must enter into a written agreement (Information Manager Agreement, Data Processing Agreement, or equivalent) with OmaScan before Personal Health Information is processed through the Service. OmaScan provides templates on request and may decline to process Personal Health Information until an agreement is in effect.

United States: business associate role. Where the Service is used by or for a HIPAA covered entity or business associate, use of the Service for Protected Health Information requires an executed Business Associate Agreement with OmaScan. OmaScan acts as a business associate and processes Protected Health Information only as permitted by that agreement and HIPAA. US availability may be limited to organizations enrolled in OmaScan's US program.

Clinical and regulatory decisions. The Service is a capture, documentation, measurement, and verification tool. It is not a medical device, a clinical decision-making tool, or a regulatory compliance certification tool. All clinical, regulatory, construction, and safety decisions remain the responsibility of the qualified professional. Sections of a report that require clinical reasoning are authored and owned by the signing 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, including secondary use. 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 consent language covering (a) guided capture by a designated Guided Capture User, (b) audio recording during Capture Sessions, (c) disclosure of reports and Verification Pages to funders, payers, and program reviewers for the purposes of authorizing, funding, auditing, or coordinating care and modifications, and (d) the creation and use of de-identified and aggregated data as described in Section 10. OmaScan provides model consent language on request.

7. Capture, Measurements, and Accuracy

First-party capture. The Service includes OmaScan capture applications and guided capture experiences that collect scans, depth data, measurements, photos, audio, and responses during a Capture Session. The Service records the method, device, time, and capture actor for the information collected, and assigns each factual statement a source category (measured, observed, reported, or clinician-authored) in its Claim Record.

Audio. Audio capture operates only when explicitly started by the capture actor, with a visible recording 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 required consents are in place.

Accuracy. Measurement accuracy depends on the capture method, device, environment, and technique. The Service characterizes measurements by method and confidence, and OmaScan publishes accuracy information for supported capture methods based on validation testing. Measurements are estimates within the stated tolerances of the method used; they are not survey-grade certifications. Where a capture method or condition does not support a confident measurement, the Service may flag the item or decline to produce a value rather than estimate.

Your responsibilities. You remain responsible for: confirming that captures are of sufficient quality for your intended use; recapturing where quality is insufficient; independently verifying, including by physical measurement, any dimension where accuracy is critical 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.

Imported files. Where you import scans or files produced by third-party applications, Section 12 applies, and Claim Records derived from imported files will reflect their imported origin.

8. Records, Signatures, and Integrity

Electronic signatures. The Service allows Professional Users to sign reports electronically. You agree that your electronic signature through the Service is the legal equivalent of your handwritten signature, and that Signed Records satisfy any requirement that a record be in writing or signed, to the extent permitted by applicable law.

Immutability. When a report is signed, the Service preserves that version as a Signed Record with a content hash. Signed Records are not edited; subsequent changes create new versions with their own signatures and an audit trail. Edits made by a Professional User during review are recorded and attributed.

Retention of Signed Records. Signed Records, and the Claim Records supporting them, may form part of a Custodian's clinical record and may be relied on by funders, payers, and programs. Notwithstanding any other provision, OmaScan may retain Signed Records and their supporting Claim Records for as long as required by the responsible Custodian's instructions, applicable law, professional retention obligations, or the legitimate needs of a claim, audit, appeal, or dispute in which the Signed Record was used. Deletion requests are handled per the Privacy Policy and are subject to this Section.

9. Verification Services

What verification is. For a Signed Record, OmaScan may make available a Verification Page that states, as of the time of access: (a) whether the report content matches the hash recorded at signing (that is, whether it is unaltered since signing); (b) the identity and stated designation of the signing professional as entered at signing; (c) counts of Claim Records by source category; (d) whether the capture plan for the Case was satisfied, and any flagged gaps; (e) results of automated comparisons of measured dimensions against the accessibility standards selected for the Case; and (f) whether a post-modification re-scan has been completed and its comparison results (together, the "Verification Matters").

What OmaScan stands behind. OmaScan represents that a Verification Page accurately reports the Verification Matters as recorded in the Service at the time of access. This is a representation about OmaScan's records and computations, not about the world: it does not certify that a measurement matches the physical space beyond the stated method tolerances, does not certify the clinical appropriateness, necessity, or quality of any assessment or modification, does not constitute a professional, legal, or regulatory opinion, and does not make or influence any funding decision. Funding, coverage, and program decisions are made solely by the funder or program.

Access. Verification Pages are designed to display limited information and no clinical narrative. Access to a Verification Page is permitted only for persons authorized by the Professional User, Custodian, Subject, or applicable law to receive it (for example, reviewers acting for a funder or program to which the report was submitted). By accessing a Verification Page you agree to use it only for that purpose and not to scrape, index, or redistribute it.

Hosted only. Verification Services are provided only as a hosted service operated by OmaScan. No provision of these Terms or of any license grants any right to receive, host, reproduce, or operate the verification software or the underlying records.

10. 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, analyze, and otherwise use Your Content to: operate, maintain, secure, support, and improve the Service; generate the outputs you or your Custodian request (including Claim Records, reports, measurements, funder forms, receipts, shares, and Verification Pages); provide the Service to users and recipients you or the responsible Custodian authorize, including funders and program reviewers; create De-Identified Data as described below; and comply with legal obligations. This license continues while Your Content is retained in the Service and ends when it is deleted, except for Signed Records retained under Section 8 and for De-Identified Data and Service Usage Data as described below.

Service Usage Data. OmaScan collects data about how the Service is used (account activity, device and application information, feature and capture events, session information, error logs, diagnostics, performance data). Service Usage Data is associated with your account but is not intended to include scan content, information identifying Subjects, or other Personal Health Information. OmaScan uses Service Usage Data to operate, secure, and improve the Service, diagnose issues, understand feature use, inform product decisions, communicate with you, and support commercial and strategic planning, and may retain it after account termination.

De-Identified and Aggregated Data. OmaScan may create de-identified and aggregated data derived from Your Content and use of the Service ("De-Identified Data"), including information about home environments and spatial characteristics, assessment workflows, measurements, modifications and their costs, equipment, standards compliance, timelines, and outcomes, in each case processed in accordance with OmaScan's de-identification methodology (which includes aggregation, generalization, and suppression techniques designed to address spatial data) 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, retain, publish, license, and commercialize De-Identified Data for any lawful purpose, including operating and improving the Service, research, benchmarking, statistical and reference products, developing new products, and producing insights for customers, funders, researchers, partners, and the public. This Section survives termination.

AI training. OmaScan will not use the raw content of scans or recordings, the content of Personal Health Information in Your Content, or your identifiable queries and inputs to train, fine-tune, or improve general-purpose artificial intelligence models without a separate written agreement authorizing that use. This restriction does not apply to De-Identified Data or to machine learning used to operate features of the Service itself.

Marks on artifacts. Reports, exports, and Verification Pages may bear OmaScan marks and integrity indicators. You may not remove or obscure them (Section 5). Licensed partner arrangements are governed by separate written agreements.

11. AI-Assisted Features

The Service includes features that use artificial intelligence, including: report drafting that composes draft text from the Claim Records of a Case; a standards reference assistant; and scan and photo analysis that flags items for professional review. Draft text is generated only from, and linked to, the recorded information of the Case; sections requiring clinical reasoning are presented to the professional for authoring, not generated.

AI outputs may contain errors, omissions, or misapplications and do not make clinical, regulatory, compliance, or safety determinations. You are responsible for reviewing and verifying AI outputs before relying on them; the signing professional is responsible for the content of every Signed Record. AI features are not a medical device or clinical decision support system. Where your jurisdiction grants a right to human review of automated processing or information about its principal factors, contact security@omascan.com.

12. Third-Party Applications and Imported Files

The Service can import scan files produced by third-party applications you choose to use. OmaScan does not control or endorse third-party applications; their terms and privacy policies govern their collection and processing. OmaScan makes no representation regarding imported files' accuracy or suitability, and Claim Records derived from imported files reflect their imported origin and any resulting confidence limits. The Service may link to or integrate with other third-party services, which are subject to their own terms.

13. 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, the Claim Record schema, trademarks, documentation, and proprietary algorithms and models, together with all intellectual property rights in them. Third-party and open-source components are licensed under their own terms, which govern to the extent of any conflict.

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. 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.

14. Fees, Cases, and Payment

The Service is priced per Case and through subscription tiers that include Case credits, as described on the OmaScan website or in your written agreement. Within a Case, capture, re-scans, measurements, drafting, forms, exports, and verification are not separately metered. Credit expiry, rollover, pooling, and overage terms are as posted or as set out in your agreement.

Where a Case is designated as funder-reimbursable, the Service generates a per-Case receipt (case identifier, date, amount) suitable for pass-through as a disbursement. Whether a funder recognizes the fee is the funder's decision; OmaScan makes no representation that any funder will reimburse it.

If you purchase a paid tier, you agree to pay the fees stated at purchase. Payments are processed by our payment provider. Fees are non-refundable except as required by law, as stated in a written offer (for example, a satisfaction guarantee in a pilot agreement), or as agreed in writing. OmaScan may change fees on reasonable notice, effective at your next billing cycle. Organization subscriptions are governed by their written agreements.

15. Term and Termination

These Terms apply while you have an account or use the Service. You may close your account at any time through the Service or by contacting support@omascan.com.

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 an extended period, or if OmaScan discontinues the Service or a tier. Where practical and lawful, OmaScan will give notice before suspending or terminating for reasons other than a violation.

On termination, your right to use the Service ends. Your Content is handled per the Privacy Policy and any applicable Custodian agreement. Content that is part of a Custodian's record, a Signed Record retained under Section 8, or subject to legal retention obligations is retained accordingly. Where Your Content includes Personal Health Information held for a Custodian, OmaScan will return or securely destroy it on the Custodian's written instruction under the applicable agreement. You may request an export of Your Content before, and for a reasonable period after, termination; requests concerning a Custodian's records may be directed to the Custodian. If a user dies, the estate's legal representative may contact security@omascan.com.

Sections 2, 8, 9 (final paragraph), 10 (De-Identified Data, Service Usage Data, AI training), 13, 16, 17, 18, 21, and any provisions that by their nature should survive, survive termination.

16. 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 (including the scoped representation in Section 9) 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, statutory, or otherwise, including merchantability, fitness for a particular purpose, and non-infringement. OmaScan does not warrant uninterrupted or error-free operation.

Third-party content. OmaScan makes no warranty concerning content provided by other users, imported files, or third-party services (Sections 12).

AI outputs. OmaScan makes no warranty concerning AI outputs beyond Section 11 (see Section 11).

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

17. 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 the Service, AI outputs, measurements, or third-party content beyond the scoped representation in Section 9; 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) 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 willful misconduct; OmaScan's indemnification obligations; or death or personal injury caused by OmaScan's negligence. Nothing in these Terms excludes liability that cannot be excluded by law, including PHIPA s.71.1, PHIA NL s.89, or PIPEDA s.16. Quebec consumers retain all non-waivable rights under the Consumer Protection Act (Quebec).

18. 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; capture performed by a Guided Capture User at your direction without required consents; or your clinical, regulatory, construction, or other professional decisions.

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

19. Privacy

Our Privacy Policy describes how we collect, use, disclose, retain, and protect Personal Information, including Personal Health Information, capture data, Service Usage Data, and De-Identified Data. You consent to the practices described there. Where a Custodian relationship applies, the applicable written agreement also governs. You consent to receive communications from OmaScan electronically, and agree that electronic communications satisfy any writing requirement. Where OmaScan receives a government or legal request for your Personal Information, we will notify you before disclosure unless prohibited or unless notification would impede a lawful investigation or create a risk of harm.

20. Changes to These Terms

OmaScan may update these Terms. For material changes, we will notify you by email, in-Service notice, or posting with an updated "Last Revised" date, effective no sooner than thirty days after notice, except where a shorter period is required by law or necessary to address security, legal, or regulatory risk. Changes that only narrow OmaScan's rights or expand yours may take effect on posting. Continued use after the effective date constitutes acceptance; if you do not agree, stop using the Service and close your account. Non-material changes may take effect without notice.

21. 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 good-faith resolution of 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. Consumers with non-waivable venue or governing-law rights retain them, including Quebec consumers' rights under the Consumer Protection Act (Quebec). Claims must be brought within one year after the cause of action arises, except where law requires longer.

22. 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 waiver.

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

Independent contractors. No partnership, joint venture, agency, or employment is created.

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

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

Third-party beneficiaries. None, except the parties protected under Sections 16, 17, and 18.

23. Contact Information

For questions about these Terms: