PLEASE READ THESE END USER TERMS OF USE CAREFULLY BEFORE DOWNLOADING, INSTALLING, ACCESSING AND/OR USING THE COSMETIC CONSULTATION MOBILE APPLICATION AND WEB-BASED SERVICES PROVIDED BY PAIGE INC. (“PAIGE”).

YOU AGREE TO ACCESS AND USE THE SERVICES MADE AVAILABLE TO YOU BY PAIGE SOLELY IN ACCORDANCE WITH THIS END USER TERMS OF USE AGREEMENT (THIS “AGREEMENT”). YOUR ACCESS AND USE OF THE SERVICES IS EXPRESSLY CONDITIONED ON YOUR ACCEPTANCE OF THIS AGREEMENT.  IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT YOU ARE NOT AUTHORIZED TO, AND YOU MAY NOT ACCESS, DOWNLOAD, INSTALL OR USE THE SERVICES. YOU MUST PROMPTLY DISCONTINUE DOWNLOADING, INSTALLING ANY APPLICATIONS AND REMOVE (DELETE) THE APPLICATIONS FROM ANY MOBILE DEVICE IN YOUR POSSESSION OR UNDER YOUR CONTROL.

PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY PAIGE IN ITS SOLE DISCRETION AT ANY TIME. PLEASE CHECK THE PAIGE WEBSITE REGULARLY TO VIEW THE MOST CURRENT VERSION OF THIS AGREEMENT.

If you have any questions about this Agreement or Our Services, please contact us at info@consultpaige.com.

1. Scope and Applicability

• Parties. This Agreement is between Paige (“Us”, “We”, “Our”) together with all the documents referred to in it constitute a legally binding agreement made between you as a natural person (“User”, “You”, or “Your”) who receives access to and/or the right to use our cosmetic consultation mobile and web-based software applications (the “Apps”) and associated services (collectively the “Services”) in accordance with the terms and conditions herein. The parties may be referred to singularly as “Party” or collectively as “Parties” throughout this Agreement.

• Eligibility. You must be at least 18 years of age to access or use our Services. If You are younger than 18 years of age (or the age of legal majority where You live), You may only access or use Our Services under the supervision of a parent or legal guardian who agrees to be bound by this Agreement. If You are a parent or legal guardian of a User under the age of 18 (or the age of legal majority), You agree to be fully responsible for the acts or omissions of such user in connection with Our Services. If You are accessing or using Our Services on behalf of another person or entity, You represent that You are authorized to accept this Agreement on that person or entity’s behalf and that the person or entity agrees to be responsible if You or the other person or entity violates this Agreement.

• Scope. This Agreement shall govern Your access and use of the Services, any associated upgrades, patches, and updates.

• Privacy. Your privacy is important to Us and Our Privacy Policy (available at www.consultpaige.com) forms an integral part of this Agreement. By downloading, installing and using the Services, You agree to accept the terms of Our Privacy Policy. We reserve the right to amend the Privacy Policy from time to time. If you disagree with any part of the Privacy Policy, you must immediately stop using the Services. We recommend that You review Our Privacy Policy carefully.

• Reserved Rights. We reserve the right to change, modify, add, or delete articles in this Agreement at any time, in accordance with the procedures described herein.

• Agreement. By downloading, installing, accessing, or using the Services and/or by express agreement by clicking the “Accept” button, You are agreeing to the terms and conditions of this Agreement and Our Privacy Policy.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST NOT DOWNLOAD, INSTALL, ACCESS, OR USE THE SERVICES.

2. Access and Use of the Services

• Access and Limited License. Subject to and conditioned on Your compliance with all the terms and conditions of this Agreement, while You use the Services, We grant You a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable, and revocable right to access and use the Services under this Agreement (the “License”) for personal, non-commercial purposes.

• Permitted Use. You shall use the Services solely for the personal, non-commercial purpose of obtaining information regarding cosmetic and dermatological procedures or subjecting to a virtual cosmetic consultation using the questionnaire and image-generating features of the Apps (the “Permitted Use”). You agree to use the Services only for this intended purpose and in compliance with all applicable laws, including all applicable intellectual property laws. You agree and acknowledge that You are using the Services only for non-commercial purposes.

• Restrictions on Use. You shall not use the Services for any purposes beyond the scope of the access granted in this Agreement. Without limiting the generality of the foregoing, You shall not at any time, directly or indirectly:

• copy, modify, or create derivative works of the Services or any related documentation that may be provided, in whole or in part;
• rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services or any associated documentation;
• reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part, including any activity that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
• remove any proprietary notices from the Services;
• use the Services in any manner or for any purpose that infringes, misappropriates, depreciates the goodwill of the or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law;
• use the Services for the purpose of developing a product or service that may be competitive with the Services.
• Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
• Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
• Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
• Develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services;
• Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates this Agreement.

• Suspension of Use. Notwithstanding anything to the contrary in this Agreement, We may temporarily suspend any User’s access to any portion or all of the Services if:

(i)   We reasonably determine that:

(a) there is a threat or attack on any of Paige’s intellectual property rights, including copyright, trademarks, trade secrets, patents, patent applications, industrial designs and any other similar rights or interests recognized by applicable law in the Services (the “Paige IP”);

(b) Any User’s use of the Paige IP disrupts or poses a security risk to the Paige IP;

(c) Any User is using the Paige IP for fraudulent or illegal activities;

(d) Our provision of the Services to any User is prohibited by applicable law; or

(ii)  We have reasonably determined that a User is in breach of the terms and conditions of this Agreement.

• Reserved Rights. We reserve all rights not expressly granted to You in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to You or any third party any intellectual property rights or other right, title, or interest to any of the Paige IP. We reserve the right at any time to alter the price, features, specifications, capabilities, functions, terms, release dates, general availability or other characteristics of the Services. Updates, upgrades, patches, and modifications may be necessary in order to be able to continue to use the Services on certain hardware.

NO OTHER RIGHTS ARE GRANTED EXCEPT AS EXPRESSLY SET FORTH HEREIN.

3. User Data and Privacy

• Usage data. Notwithstanding anything to the contrary in this Agreement, We may monitor Your use of the Services and collect and compile data related to such use (“Usage Data”). As between Us and the User, all right, title, and interest in Usage Data, and all intellectual property rights therein, belong to and are retained solely by Us. You acknowledge that We may compile Usage Data input into the Services. You agree that We may: (i) make Usage Data publicly available in compliance with applicable law; and (ii) use Usage Data to the extent and in the manner permitted under applicable law; provided that such Usage Data do not identify Your personal information as defined in our Privacy Policy. All information we collect, including Usage Data, will be collected and used in accordance with Our Privacy Policy.

• Notice and Consent to Electronic Communications. By accessing or using the Services, you also consent to receive electronic communications from Paige (e.g., responses to your requests, questions and feedback, announcements, updates, and security alerts through a push notification or by posting notices on our Services). You agree that any notices, agreements, disclosures, or other communications that We send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

• Feedback. If You send or transmit any communications or materials to Us by mail, email, telephone, or otherwise, suggesting or recommending changes to our Services or the Paige IP, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback“), We may use any Feedback that You voluntarily provide in connection with Your use of the Services as part of Our business operations irrespective of any other obligation or limitation between the Parties governing such Feedback. You hereby assign to Paige on Your behalf, all right, title, and interest in, and Paige is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although Paige is not required to use any Feedback.

• Personal Information and Privacy. We respect the privacy rights of any Personal Information provided by the User in accordance with applicable Canadian laws, including the Personal Information Protection and Electronic Documents Act (Canada except Quebec, Alberta and British Columbia), the Act Respecting the Protection of Personal Information in the Private Sector (Quebec), Personal Information Protection Act (Alberta), and Personal Information Protection Act (British Columbia). We acknowledge the enhanced sensitively and confidentiality associated with any medical information (“Personal Health Information”) that You may disclose while using the Services. We only collect, use, and disclosure Personal Health Information in accordance with applicable Canadian laws, with Your express consent and for the purpose disclosed to You at the time of consent. We do not disclose Your Personal Health Information to third-parties for any other purpose or without Your consent. The specific policies and safeguards in place to protect Your Personal Information and Personal Health Information are detailed in Our Privacy Policy.

• User Content Our Services may allow you and other users to create, upload, transmit, store and share content, including photos, videos, messages, text, and other materials (collectively, “User Content”). Subject to this Agreement and Our Privacy Policy, you retain all rights in and to your User Content, as between you and Paige. Further, Paige does not claim ownership of any User Content that you post on or through the Services. You grant Paige a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, transferable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display and otherwise exploit Your User Content in accordance with Our Privacy Policy. You waive any right to inspect or approve the finished material in which the User Content may be used, or the use to which the User Content may be applied.

3.5.1 Advertising and Promotions. You acknowledge that some of the Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Paige may place such advertising and promotions on the Services or on, about, or in conjunction with your User Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.

3.5.2 Rights in User Content. You represent and warrant that: (i) you own or otherwise have the right to use the User Content modified by you on or through the Services in accordance with the rights and licenses set forth in this Agreement; (ii) you agree to pay for all royalties, fees, and any other monies owed by reason of User Content you stylize on or through the Services; and (iii) you have the legal right and capacity to enter into this Agreement in your jurisdiction.

3.5.3 Restrictions on User Content. You may not create, post, store or share any User Content that violates this Agreement or for which you do not have all the rights necessary to grant us the license described above. You may also only post or otherwise share User Content that is non-confidential and you have all necessary rights to disclose. For greater clarity, YOU SHALL NOT create, post, store or share any User Content that:

• Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
• Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
• May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
• Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
• Impersonates, or misrepresents your affiliation with, any person or entity;
• Contains any unsolicited promotions, political campaigning, advertising or solicitations;
• Contains any private or personal information of a third party without such third party’s consent;
• Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
• Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose Paige or others to any harm or liability of any type.

Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.

3.5.4 No Back up or Storage. Paige does not provide a backup service and you agree that you will not rely on the Services for the purposes of User Content backup or storage. Paige will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any User Content.

• No transfer of ownership. Nothing in this Agreement transfers ownership in, or grants any license to any intellectual property rights in the Services. You retain any ownership of Your Personal Information and User Content and We retain ownership of the Paige IP and any subsequent copies thereof, regardless of form or media.

4. International Users

Although the Services may be accessible worldwide, Paige makes no representation that the materials and/or content made available in connection with the Services are appropriate or available for use in locations outside of Canada, and accessing them from territories where their contents are illegal is prohibited.

Those who choose to access the Services from other locations do so at their own risk and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Services is void where prohibited.

BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES. Notwithstanding the foregoing, the Services may be available on a localized basis to users located in certain countries outside of Canada.

5. Intellectual Property Rights

• Intellectual Property Rights. The Paige IP (as defined above) is protected by intellectual property rights. We own or are a licensee to all Paige IP, including but not limited to any and all trademarks under which the Services are licensed, copyright in software code, source code, object code, the design and layout of the graphical user interface and the structure and overall look and feel of the Services. The right of the User to use the Services is and shall at all times be subject to Our intellectual property rights. Except as expressly provided in the Agreement, Paige does not grant any express or implied rights to use the Paige IP. Nothing in this Agreement will be construed to confer any license or right, by implication, estoppel, or otherwise, under copyright or other intellectual property rights, to You or any third party.

• Trademarks. For greater clarity, the trademarks, logos, and service marks displayed on the Services are Paige IP and protected by intellectual property rights. You will not adopt or use, nor authorize others to adopt or use, any trademark, or trade name which includes, or is likely to mislead, deceive or cause confusion, or is substantially identical with, or deceptively similar to, any trademark used in association with the Services. You will not engage in any activities that will depreciate the goodwill of any of Paige’s trademarks.

• Copyright. For greater clarity, copyright in software code, source code, object code, the design and layout of the graphical user interface, audio, video, music, text, accompanying documentation, and the structure and overall look and feel of the Services are Paige IP and protected by copyright laws and international treaty provisions. You may not copy or use the Services except as expressly provided in this Agreement. You may not: a) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code for the Apps, or use any part of the software in the Apps for any use other than the Permitted Use described herein; b) modify, adapt, alter, translate, or create derivative works from the Services; c) work around any technical limitations in the App software, use any tool to enable features or functionalities that are otherwise disabled in the App software, or decompile, disassemble, or otherwise reverse engineer the App software except as otherwise permitted by applicable law; d) perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or the use of the Services by Paige or its Users.

• Infringement of Paige IP. We take the protection of Our intellectual property rights seriously and will not hesitate to commence legal action in the case of infringement of the Paige IP. If You become aware of any infringements or suspected infringements by any third party of any intellectual property rights in the Services, please notify Us at info@consultpaige.com.

6. In-App Purchases

Some of Our Apps may provide You with an opportunity to purchase additional functions and/or features (an “In-App Purchase”). For the mobile Apps, all billing and transaction processes are handled by the provider of the Application Store (the “App Store Provider”) from whose platform You downloaded the App and are governed by the App Store Provider’s terms and conditions. For the Web-based App, payments are processed by a third-party service provider (the “Third-party Payment Provider”). If You have any payment-related issues with In-App Purchases, You must contact the App Store Provider or Third-party Payment Provider directly. You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you.

YOU ACKNOWLEDGE THAT PAIGE IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED SERVICES WHEN THIS AGREEMENT IS TERMINATED, WHETHER SUCH TERMINATION WAS VOLUNTARY OR INVOLUNTARY. All purchases are FINAL AND NON-REFUNDABLE.

7. Applicability of App Store Provider Terms and Conditions

The ways in which you can use the Services may also be controlled by the corresponding App Store Provider’s rules and policies. We highly recommend that You read all applicable terms of use associated with Your App Store Provider prior to downloading or otherwise using the Services.

8. Disclaimers and Limitation of Liability
   • Disclaimers

• Disclaimer of Warranties. You acknowledge that the Services are being provided AS IS and AS AVAILABLE WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. In addition, Paige does not represent or warrant that our Services are accurate, complete, reliable, current or error-free, and have not been written to meet Your individual requirements. A failure of any part or the whole of the Services to be suitable for a User’s individual requirements will not give rise to any right or claim against Paige. 

• No Guarantee of Result. You acknowledge that the virtual cosmetic consultation results provided by the Services are for information purposes only and in no way guarantee a particular or satisfactory result with any medical or cosmetic procedure. You further acknowledge that the information you have provided is accurate to the best of Your knowledge and the generated virtual consultation report is based on the information that You have disclosed.

• No Substitute for Medical Advice. You acknowledge that: 1) the Services DO NOT constitute, and should not be interpreted as, medical advice, diagnosis, or opinion; 2) the Services are for informational purposes only; 3) the Services are not intended as a tool for self-diagnosis, a recommendation of a specific treatment plan or healthcare provider, or a substitute for proper medical advice, diagnosis or treatment; 4) the Services should not be used as substitute for the advice of a medical professional; 5) the Services cannot replace medical consultation with a qualified health or medical professional; 6) the Services should not be relied upon when making medical decision, or to diagnose or treat a medical or health condition.

YOU ASSUME FULL RESPONSIBILITY FOR ANY DECISION OR ACTION TAKEN IN RELIANCE OF THE SERVICES AND THE RESULTS OF THE SAME.

• Software Errors. You acknowledge that the Services in general are not error-free and agree that the existence of such errors will not constitute a breach of this Agreement.

• Software Viruses. We do not warrant that the Services will be free from all known viruses and You are solely responsible for virus scanning any software provided as part of the Services.

• Acceptance of Risk. You acknowledge and agree that You download, install, access, and use the Services at Your own discretion and risk, and that You will be solely responsible for any damage to Your hardware or any loss of data that results from such downloading, installing or use of the Services.

• Compatibility. To use the Services, you are required to have a compatible mobile phone or tablet, and Internet access. The mobile Apps are available for downloading and installing on handheld compatible mobile devices which meet the stipulated requirements at the time of download and installation. We do not warrant that the Services will be compatible with the specific hardware, including a particular mobile device, of any given User.

8.2 Limitation of Liability

YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER THE SERVICES MEET YOUR REQUIREMENTS. YOU BEAR THE SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SERVICES TO MEET SUCH REQUIREMENTS.

IN NO EVENT WILL PAIGE BE LIABLE TO THE USER OR ANY OTHER PERSON FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, OR OTHER SPECIAL, DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO THE USE OF THE PROPRIETARY SOFTWARE UNDER THIS AGREEMENT, EVEN IF PAIGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

UNDER NO CIRCUMSTANCES SHALL PAIGE, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO THE LICENSEE OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, OR USE OF THE SERVICES, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, OR THE NEGLIGENCE OF PAIGE OR ANY OTHER PARTY, EVEN IF PAIGE IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS PAIGE’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 

The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Paige or for any other matters in which liability cannot be excluded or limited under applicable law.

• Limitation of Remedies and Damages. If, notwithstanding this Agreement, Paige is liable to You or any other person, then in no event will Paige’s aggregate liability arising out of or related to this Agreement under any legal or equitable theory for any and all claims, including breach of contract, tort (including negligence), strict liability, and otherwise relating to this Agreement or the Services furnished or to be furnished by Paige will in any event be absolutely limited to the total amount paid for the Services (for a single transaction). You hereby discharge Paige from all liability in excess of this amount.

• Express and Implied Conditions. Unless this Agreement expressly provides otherwise: to the maximum extent permitted by law, all express and implied conditions, warranties or liabilities (including liability as to negligence) regarding the condition, accuracy, suitability, quality or title to the Services are negated and excluded; and Paige gives no condition, warranty, undertaking or representation in relation to the condition, accuracy, suitability, quality of the Services.

• Notice of Claims. If You desire to make a claim against Paige concerning this Agreement, or the Services, You must first notify Paige in writing of Your potential claim, the grounds for Your claim, and the relief You seek. You must allow Paige no less than sixty (60) days to attempt to resolve the issue prior to formally asserting a claim. If you fail to provide notice, Paige will not be liable to You for the claim.

• Indemnification. You will indemnify and hold Us harmless from and against actual loss, costs, liabilities and expenses (including reasonable attorneys’ fees) resulting from Your breach of this Agreement, Your use of the Services or any information provided by Us, or Your infringement of any intellectual property or other right of any person or entity.

9. Termination

• Time of Termination. This Agreement remains effective until termination. We will immediately suspend or terminate this Agreement with or without notice at Our sole discretion, if User exceeds the scope of the Permitted Use or otherwise fails to comply with the terms of this Agreement.

• User Termination. You may terminate this Agreement at any time by ceasing use of the Services and removing any Apps from Your devices.

• Effect of Termination. Upon termination of this Agreement, the rights and License granted to you herein shall terminate and You must immediately cease to use and permanently delete or destroy any software and/or account information associated with the Services.

• Survival. Despite any other provision of this Agreement, clauses 3 (Usage of Data and Privacy), 5 (Intellectual Property Rights), and 9 (Termination) survive the expiration or termination of this Agreement.

10. Changes to this Agreement or Services

• Right to Make Changes. We reserve the right, in Our sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this Agreement for security, legal, best practice or regulatory reasons. When changes are made, We will make a new copy of the Agreement available at Our website at www.consultpaige.com the “Website”) and within our mobile application. We will also update the “Last Updated” date at the end of this Agreement. If We make any material changes, we will also send a push notification or show a pop-up to you via the mobile applications. Any changes to the Agreement will be effective. For material changes, We may require you to provide consent to the updated Agreement in a specified manner before further use of the Services is permitted. If You do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Services, including the Apps. Otherwise, your continued use of the Services constitutes your acceptance of such changes. Such changes will be effective with or, as applicable, without prior notice to You. You can review the most current version of this Agreement by clicking on the “Terms of Use” link located at www.consultpaige.com.

• User Responsibility. You are responsible for checking this Agreement periodically for changes. If any future changes to this Agreement are unacceptable to You or cause You to no longer be in agreement or compliance with this Agreement, You may terminate this Agreement in accordance with Section 9. Your continued use of the Services following any revision to this Agreement constitutes Your complete and irrevocable acceptance of any and all such changes.

• Effect of Updates to the Services. We may modify the Services for any reason or without any specific reason, at any time and at Our entire discretion, in particular, for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Services. You agree that the Services may require the installation or downloading of any such modifications automatically. You agree that We may stop supporting previous versions of software associated with Our Services upon availability of an updated version. We also reserve the right to amend the Scope set out in Section 1 herein to place limits on the use of the Services.

11. Miscellaneous

• Governing Law. Any claims shall be exclusively decided by courts of competent jurisdiction in Ottawa, Ontario, Canada. This Agreement will be governed by and constructed in accordance with the laws of the Province of Ontario and the Country of Canada without regard to conflicts of laws principles.

• Severability. If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.

• Entire agreement. This Agreement is the complete agreement between the Parties regarding the subject matter of this Agreement and supersedes all prior or contemporaneous communications, understandings or agreements (whether written or oral).

• Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without Paige’s prior written consent. Paige may transfer or assign this Agreement or any right or obligation under this Agreement at any time.

• Force Majeure. Except for payment obligations, neither Party will be responsible for failure to perform its obligations due to an event or circumstances beyond its reasonable control, including without limitation fires, floods, earthquakes, embargoes, shortages, epidemics, quarantines, pandemics, war, acts of war (whether war be declared or not), acts of terrorism, insurrections, riots, civil commotion, strikes, lockouts or other labor disturbances, acts of God or acts, omissions or delays in acting by any governmental authority, and interruptions, loss or malfunctions of utilities, communications or computer (software or hardware) services.

• No Third Party Beneficiaries. Nothing contained in this Agreement shall be deemed to create, or be construed as creating, any third party beneficiary right of action or other right of third parties.

• Headings. Clause headings have been included in this Agreement for convenience only and must not be considered part of, or be used in interpreting this Agreement.

• No Waiver. Neither Party shall be deemed to have waived any provision hereof unless such waiver is in writing and executed by a duly authorized officer of the waiving Party. No waiver by either Party of any provision hereof on one occasion shall constitute a waiver of such provision on any other occasion.

• Electronic Signatures. The parties to this Agreement agree that a copy of the original signature may be used for any and all purposes for which the original signature may have been used. Without limitation, an electronic signature includes a “clickwrap signature” which is executed by clicking “I Agree” or “Got it” in an in-App dialogue box. The parties further waive any right to challenge the admissibility or authenticity of this Agreement in a court of law based solely on the absence of an original signature.

• Contact. You may contact Us regarding any questions related to this Agreement by emailing at info@consultpaige.com.

End of the End User Terms and of Use, last updated January 18, 2023