Terms and Conditions of Use for Fit Minds Cognitive Health Products Inc. Products and Programs

This document outlines the terms and conditions upon which we supply our products and programs to you. Please read these terms and conditions carefully before using or downloading our products or programs. You should understand that by signing up for a trial, purchasing, downloading, and/or using any of our products or programs; you agree to be bound by these terms and conditions.

If you do not accept and comply with these terms and conditions, you may not use the products or programs. Instead, you should delete all downloads and return all kit pieces to Fit Minds Cognitive Health Products Inc., within 30 days from the date of purchase for a refund or credit.

You should print a copy of these terms and conditions for future reference.

1. Information about us

Fit Minds Cognitive Health Products Inc. is federally incorporated company in Canada with the registration number 80583 6467. The registered office is located at 1798 McCallum Drive, Orleans ON K4A 3T2

2. Our products and programs

The products and programs provided by Fit Minds Cognitive Health Products Inc. are provided under the terms of a use licence. The products and programs are protected by copyright, trademark, patent and/or other applicable laws. Any use of the products and programs other than as authorized under these terms and conditions or applicable laws is prohibited. For greater certainty, these terms and conditions apply to all of the products and programs developed by Fit Minds Cognitive Health Products Inc. from time to time, including without limitation:

1. The Interact® Program (Group and Individual) and Kit

2. The Stay Sharp™ Program and Kit

3. The Fit Minds® Enable™ Family Caregiver Program

4. The Fit Minds® Workbook

5. The Loving Mom™ and Loving Dad™ Workshops

6. The Fit Minds® Cognitive Coach Training Programs for both Interact® and Stay Sharp™

7. The Rewire™ Program

(collectively referred to herein as the “Fit Minds® Products and Programs”)

By using the products and programs, you accept and agree to be bound by these terms and conditions.

3. License Grant

Subject to these terms and conditions, Fit Minds Cognitive Health Products Inc. hereby grants you a royalty-free, non-exclusive, non-transferrable license to use the Fit Minds® Products and Programs for use in either a homecare or professional setting. You may use our products and programs for professional purposes or in the provision of cognitive services, as specifically authorized by Fit Minds Cognitive Health Products Inc. in this license.

a. The Fit Minds® Products and Programs provided to you under this agreement are to be used solely by you, the Cognitive Coach.

b. Licensees may use the training, products and programs for the provision of cognitive coaching in individual or group settings. As long as a licensee maintains an active status with Fit Minds Inc., the licensee may also train clients or family members to become personal users of the Fit Minds® Products and Programs. Cognitive Coach Licensees shall ensure that all personal users acknowledge the licensing restrictions by bringing to their attention the personal use license contained with the products.

c. Cognitive Coach Licensees are not permitted to change the layout of any of the copyright materials provided within the training or program without prior agreement from Fit Minds Cognitive Health Products Inc.

d. The active status of the Cognitive Coach Certification and License Agreement is renewable annually. To maintain an active status the Cognitive Coach must maintain their subscription to either the Stay Sharp™ or Interact® Group program or use the Interact Individual Program a minimum of 25 sessions in the preceding year.

g. Fit Minds Inc. reserves no right of control or direction of the Cognitive Coaches activities, other than the rights specifically set out in this agreement. No geographical territories or limits concerning sales within Canada are imposed on the Cognitive Coach, except with respect to the Interact Individual Program. [for more details about possible restrictions for use of this program, please contact Nicole Scheidl, CEO Fit Minds directly at nicole.scheidl@fitminds.ca]

In consideration for the license to use the Fit Minds® Products and Programs, you agree:

a. not to reproduce, remove labels or markings or otherwise make modifications to or change the identity of the components of any of the Fit Minds® Products and Programs. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You may not remove or cover any of the Fit Minds Cognitive Health Products Inc. trade-marks, logos, designs, slogans, artwork, or notices from any of our products or packaging. You may not reverse engineer, decompile or disassemble the product or programs or encourage or assist third parties in doing so. You may not attempt to derive the source code of the program software.

b. not to copy, rent, lease, lend, disseminate or distribute the Fit Minds® Products and Programs without the express written permission of Fit Minds Cognitive Health Products Inc.

4. Ownership of Intellectual Property

Fit Minds Cognitive Health Products Inc. is the owner or licensee of all intellectual property rights in the Fit Minds® Products and Programs. All such rights are reserved. For greater certainty, you expressly acknowledge that FIT MINDS, INTERACT, STAY SHARP, LOVING MOM, LOVING DAD, ENABLE and REWIRE are trade-marks of Fit Minds Cognitive Health Products Inc.

5. Representations, Warranties and Disclaimer

Unless otherwise mutually agreed to by the parties in writing, or as provided in applicable laws, Fit Minds Cognitive Health Products Inc. offers the products and programs as-is and makes no representations or warranties of any kind concerning them, express, implied, statutory or otherwise, including, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, or the absence of latent or other defects, accuracy, or the presence of absence of errors, whether or not discoverable.

Specifically Fit Minds Cognitive Health Products Inc. DOES NOT claim that this product will cure Alzheimer’s disease or other forms of dementia.

5. Limitation on Liability

Except to the extent required by applicable law, in no event will Fit Minds Cognitive Health Products Inc. be liable to you on any legal theory for any special, incidental, consequential, punitive or exemplary damages arising out of this license or the use of the Fit Minds® Products and Programs, even if Fit Minds Cognitive Health Products Inc. has been advised of the possibility of such damages.

Any liability will be limited to the purchase price of the product and/or program. You do have the right to return the product for a full refund up to and including 30 days after the date of purchase. In order to receive the refund you must return the entire kit and provide written confirmation that you have deleted the downloaded content from the online programs.

6. Termination

This license and the rights granted hereunder will terminate automatically upon any breach by you of the terms of this license. Sections 4, 5, and 6 will survive any termination of this license.

7. Miscellaneous