Terms of Use

These Terms of Use govern your access to and use of newgenhealth.io (the "Site"), operated by NewGen Health Inc. ("NewGen Health," "we," "us," "our"). By accessing or using the Site you agree to these Terms. If you do not agree, please do not use the Site.

1. What This Site Is

The Site is an informational website about NewGen Health and the products we are developing. It is not a health service, a medical device, or a clinical tool. We do not provide accounts, patient portals, diagnostic tools, health assessments, or monitoring services through the Site.

Our products, including NewGen Health's SmartCup and its companion software, are investigational and under active development. They have not been cleared or approved by the U.S. Food and Drug Administration, nor licensed by Health Canada, and are not available for sale or use.

2. No Medical Advice

Nothing on the Site is medical advice, a medical opinion, or a substitute for evaluation by a qualified healthcare professional. Using the Site does not create a physician-patient relationship or any other care relationship between you and NewGen Health.

Do not use the Site in a medical emergency. If you are experiencing a medical emergency, call 911 or go to the nearest emergency department. Never disregard professional medical advice or delay seeking it because of something you read on the Site.

3. Forward-Looking Statements

Descriptions of our products, features, timelines, and plans reflect development objectives and intended functionality. They are not representations of current capability, demonstrated performance, or regulatory status, and they are subject to change without notice. Any data or results shown are from internal or research use only and have not been reviewed by any regulatory authority.

4. No Offer to Sell

Nothing on the Site is an offer to sell, or a solicitation of an offer to buy, any product. Joining a waitlist or expressing interest does not create any right to purchase, receive, or use any product, and does not commit us to any price, specification, or availability.

5. Contacting Us and Joining Our List

If you submit our contact form or join our newsletter or waitlist, you agree to provide accurate information and to use a contact address you are entitled to use. You may unsubscribe at any time. Please do not send us medical records, test results, or personal health information through the Site. Our handling of the information you provide is described in our Privacy Policy.

6. Acceptable Use

You agree not to:

• Use the Site in violation of any applicable law
• Attempt to gain unauthorized access to the Site or any related system
• Interfere with, disrupt, probe, or place unreasonable load on the Site
• Use automated tools to scrape, harvest, or copy content from the Site, except for standard search engine indexing
• Impersonate any person or misrepresent your affiliation with any person or organization
• Use the Site to transmit malicious code or unsolicited commercial messages

The Site is not directed at children and is not intended for anyone under the age of 13.

7. Intellectual Property

All content on the Site, including text, graphics, images, designs, and software, is owned by NewGen Health Inc. or its licensors and is protected by copyright and other intellectual property laws. You may view and print content for your own personal, non-commercial reference. Any other use, including reproduction, modification, distribution, or republication, requires our prior written permission.

NewGen Health, SmartCup, and our logos are trademarks of NewGen Health Inc. Nothing in these Terms grants you any right to use them.

Nothing on the Site grants any licence or right under any patent, patent application, or other intellectual property held or pursued by NewGen Health Inc.

8. Feedback

If you send us ideas, suggestions, comments, or other feedback about our products or the Site, you agree that your submission is not confidential and creates no obligation on our part. You grant us a perpetual, irrevocable, worldwide, royalty-free right to use, reproduce, modify, and incorporate that feedback for any purpose, without compensation, attribution, or restriction. Please do not send us information you consider confidential or proprietary.

9. Third-Party Links

The Site may link to third-party websites or resources. We do not control them, do not endorse them, and are not responsible for their content, products, or practices. Accessing them is at your own risk and subject to their terms.

10. Availability and Changes

We may modify, suspend, or discontinue the Site or any part of it at any time, without notice. We may also restrict or terminate your access to the Site at our discretion. We do not guarantee that the Site will be available, uninterrupted, or error-free.

11. Disclaimer of Warranties

To the extent permitted by law, the Site and all content on it are provided "as is" and "as available," without warranties of any kind, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or that the Site will be secure or free of errors or harmful components.

We do not warrant that any information on the Site is accurate, complete, current, or useful for any purpose. You rely on it at your own risk.

Some jurisdictions do not allow the exclusion of certain warranties. Nothing in these Terms limits or excludes any warranty, condition, or right that cannot lawfully be limited or excluded, including under the Ontario Consumer Protection Act, 2002.

12. Limitation of Liability

To the extent permitted by law, NewGen Health Inc., its directors, officers, employees, contractors, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, business, goodwill, or anticipated savings, arising out of or relating to your use of or inability to use the Site, regardless of the theory of liability and even if we have been advised of the possibility of such damages.

To the extent permitted by law, our total aggregate liability arising out of or relating to the Site and these Terms will not exceed the total amount you have paid us, if any, in the twelve months preceding the event giving rise to the claim.

Nothing in this section limits liability that cannot be limited by law, including liability for fraud, fraudulent misrepresentation, gross negligence, or personal injury or death caused by negligence.

13. Indemnity

To the extent permitted by law, you agree to indemnify and hold harmless NewGen Health Inc. and its directors, officers, employees, contractors, and agents from any claim, demand, loss, or expense, including reasonable legal fees, arising out of your breach of these Terms or your misuse of the Site.

14. Privacy

Our Privacy Policy describes how we handle information collected through the Site and is incorporated into these Terms by reference.

15. Changes to These Terms

We may update these Terms from time to time. The last-updated date above will change when we do, and your continued use of the Site after an update means you accept the revised Terms. Please review this page periodically.

16. Governing Law

These Terms are governed by the laws of the Province of Ontario and the applicable federal laws of Canada, without regard to conflict of laws rules. You agree to the exclusive jurisdiction of the courts of Ontario, subject to any right you may have to bring a claim in your own jurisdiction under applicable consumer protection law.

17. General

If any provision of these Terms is found unenforceable, the remaining provisions stay in effect. Our failure to enforce any provision is not a waiver of it. You may not assign these Terms; we may assign them in connection with a corporate transaction. These Terms, together with our Privacy Policy, are the entire agreement between you and NewGen Health Inc. regarding the Site.

18. Contact

Questions about these Terms can be sent to kidney@newgenhealth.ca.