The agreement between you and Canary MedTech covering our websites, our store, the Fold at-home scale, the Slate professional scale, and the Fold Health app.
These sections disclaim warranties, limit our liability, and require most disputes to be resolved by binding individual arbitration instead of in court, with a waiver of class actions and jury trials. You may opt out of arbitration within 30 days as described in Section 16.
These Terms & Conditions and User Agreement (“Terms”) are a binding contract between you and Canary MedTech Corp. (“Canary MedTech,” “we,” “us”). They govern your use of our websites, our online store, the Fold and Slate products, the Fold Health app, and related services (together, the “Services”).
By using the Services, placing an order, or creating an account, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services. Our store is hosted by Shopify Inc.; your use of the checkout is also subject to Shopify's applicable terms.
You must be at least 18 years old and able to form a binding contract. If you accept these Terms on behalf of an organization, you represent that you have authority to bind that organization, and “you” refers to both you and the organization. You are responsible for complying with the laws that apply to you, including any professional, licensing, or patient-privacy obligations.
Fold is positioned as a General Wellness device. It is not intended to diagnose, treat, cure, or prevent any disease or condition, and it is not a substitute for professional medical advice, diagnosis, or treatment.
Readings depend on correct setup, a firm and level surface, an accurate stored chair weight, and proper use. Never disregard professional medical advice or delay seeking it because of information shown by our products. Always follow the instructions and weight-capacity limits in the product documentation.
Slate is in development. Nothing on our websites, in our materials, or in these Terms is a representation about clinical accuracy, safety improvement, reimbursement eligibility, regulatory clearance, or a specific availability date, unless we state it in writing in a signed agreement.
You must provide accurate information when creating an account and keep it current. You are responsible for your credentials and for activity under your account, and you must notify us promptly of any unauthorized use. We may suspend or close accounts that violate these Terms.
All orders are offers to purchase and are subject to our acceptance and to availability. We may limit quantities, correct pricing or description errors, refuse or cancel any order, and cancel orders we believe are fraudulent or placed for resale. If we cancel an order you have paid for, we will refund it.
Pre-orders reserve a unit from a limited production run. Estimated ship windows are estimates, not guarantees, and may change as manufacturing progresses. We will notify you of material changes to the estimated ship window, and you may cancel a pre-order for a full refund at any time before it ships. Pre-order pricing applies only to the reserved unit and quantity.
Payment is processed at checkout by Shopify and our payment providers. By submitting payment information you represent that you are authorized to use it and you authorize the charge, including taxes and shipping. We do not store full payment card numbers.
Prices are shown in U.S. dollars and may change at any time before an order is accepted. Applicable sales tax is calculated at checkout. Title and risk of loss pass to you on delivery to the carrier. Delivery dates are estimates, and we are not responsible for carrier delays. You are responsible for providing an accurate, deliverable address and for any duties or import charges on shipments outside the United States.
You may cancel an unshipped order or pre-order for a full refund. After delivery, you may request a return within the support window stated at checkout ([30] days from delivery). Returned products must be in resalable condition with all included accessories and packaging.
To start a return, contact support@canarymedtech.com for a return authorization; returns sent without one may not be processed. Refunds are issued to the original payment method within 30 days after we receive and inspect the return. Return shipping and handling are paid by the customer, except where the product arrived damaged or defective or we shipped the wrong item, in which case we cover return freight.
Custom, clearance, and bulk orders may be non-returnable where stated at the time of sale. Organizational purchases are also covered by the 90-Day Fit Guarantee in Section 8a, which controls where it conflicts with this section.
Organizational purchases, bulk purchases, distribution arrangements, and Slate early-access orders are governed by a separate written quote, agreement, or purchase order. Where such a document conflicts with these Terms, that document controls for that transaction. A quote is valid for the period stated on it and is not a reservation of inventory until the order is accepted.
Slate is currently offered through early access to selected organizations. Early access means availability, configuration, and delivery timing are confirmed in your written quote rather than published on our website. Requesting a quote, a guide, or Slate availability does not create a purchase commitment by either party, and does not create a co-development, joint venture, or research relationship unless we sign a separate agreement to that effect.
An organization using our products is responsible for training its staff, following product documentation, confirming suitability for its own workflows, and meeting its own legal obligations, including patient privacy.
If Fold is not the right fit for your organization's workflow, you may return it within 90 days of delivery under the terms in this section. This guarantee is in addition to, and does not limit, the limited warranty in Section 13.
To start a guarantee return, email sales@canarymedtech.com for a return authorization. Returns sent without one may not be processed. Refunds are issued to the original payment method within 30 days after we receive and inspect the return.
Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Fold Health app with our products. You may not copy, modify, reverse engineer, decompile, resell, or create derivative works from the app or our firmware, except where that restriction is prohibited by law. We may release updates, change or discontinue features, and require updates for continued use. Your use may also be subject to the terms of the app store you download from.
You agree not to:
You keep ownership of the information and content you submit. You grant us a non-exclusive, worldwide, royalty-free license to host, store, and process it as needed to provide the Services and as described in our Privacy Policy. If you post a review or testimonial, you grant us permission to display it in connection with our products.
If you send us ideas, suggestions, or feedback, we may use them without restriction, obligation, or compensation.
The Services, including our software, firmware, industrial design, documentation, text, images, and the Canary MedTech, Fold, and Slate names and logos, are owned by us or our licensors and are protected by intellectual property laws. Except for the limited rights expressly granted here, no rights are transferred to you.
Hardware is covered by our limited warranty against defects in materials and workmanship for 24 months (2 years) from the date of delivery, as described in the warranty documentation provided with the product. The warranty covers failures arising from normal use and ordinary wear in the intended operating environment. Our sole obligation under that warranty is, at our option, repair, replacement, or refund. The warranty does not cover misuse, abuse, accident, liquid damage, unauthorized modification or repair, use beyond stated weight capacity, cosmetic damage that does not affect function, or consumable parts. Warranty service requires proof of purchase and a return authorization; you are responsible for shipping the product to us, and we pay return shipping back to you on a valid warranty claim.
EXCEPT FOR THAT LIMITED WARRANTY, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY READING WILL BE ACCURATE FOR A PARTICULAR CLINICAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CANARY MEDTECH WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY.
OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE MONTHS BEFORE THE CLAIM, OR ONE HUNDRED U.S. DOLLARS. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED BY LAW, INCLUDING FOR FRAUD, GROSS NEGLIGENCE, OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE.
You agree to defend, indemnify, and hold harmless Canary MedTech and its officers, employees, and agents from claims, damages, liabilities, and expenses (including reasonable legal fees) arising from your misuse of the Services, your violation of these Terms or applicable law, or, if you are an organization, your use of our products in your own care workflows.
Informal resolution first. Before filing a claim, contact us at legal@canarymedtech.com with a description of the dispute and the relief you seek. We will try in good faith to resolve it within 60 days.
Arbitration. If we cannot resolve it, you and Canary MedTech agree that any dispute relating to the Services will be resolved by final and binding individual arbitration administered by [Arbitration provider — AAA or JAMS, pending selection] under its consumer rules, in Las Vegas, Clark County, Nevada, or by videoconference, and that the Federal Arbitration Act governs this section.
Class action and jury waiver. Claims may be brought only in an individual capacity, not as a plaintiff or class member in any class, collective, or representative proceeding, and you and we waive any right to a jury trial.
Exceptions. Either party may bring an individual claim in small-claims court, and either may seek injunctive relief in court to protect intellectual property.
30-day opt-out. You may opt out of arbitration by emailing legal@canarymedtech.com with your name, address, and a statement that you opt out, within 30 days of first accepting these Terms. Opting out does not affect any other part of these Terms.
These Terms are governed by the laws of the State of Nevada, without regard to conflict-of-laws rules. Subject to Section 16, the state and federal courts located in Las Vegas, Clark County, Nevada have exclusive jurisdiction over any dispute not subject to arbitration.
We may update these Terms as our products and legal obligations change. We will post the revised version with a new “Last updated” date, and material changes take effect 7 days after posting or notice. Continued use after that date means you accept the change. Terms that by their nature should survive — including Sections 11 through 17 — survive termination.
These Terms, together with the Privacy Policy and any signed agreement or quote, are the entire agreement between you and Canary MedTech regarding the Services. If a provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. We are not liable for delays or failures caused by events beyond our reasonable control. We are committed to accessibility; if you encounter a barrier using our Services, contact us and we will work to provide the information or transaction in an accessible way.