Terms of Use

1. DEFINITIONS

In these Terms of Use (the "Terms"), the following words have the meanings set out below:

• –"Application" or "Stery": the Stery application, running on an iPad tablet, developed and published by Stery Inc. (the "Publisher"), intended for sterilization traceability in dental and medical settings.

• –"User": any natural person authorized by the Clinic to access the Application and use the Service in the course of their professional duties, including without limitation dentists, dental hygienists, dental assistants and sterilization technicians.

• –"Operator": a User identified within a Clinic and authorized to carry out traceability operations through the Service.

• –"Clinic": the professional entity (dental clinic, medical clinic or any other care facility) that subscribes to the Service and within which the Users operate.

• –"Service": all the features offered by the Application, including sterilization cycle management, compliance validation, traceability label generation, history consultation and report export.

• –"Stery System": the integrated whole made up of the iPad tablet configured in kiosk mode, the peripherals supplied by the Publisher (label printer, data loggers, scanners) and the Application, forming a turnkey traceability solution.

• –"Peripheral": any hardware supplied and maintained by the Publisher as part of the Stery System, including in particular label printers, data loggers and scanners.

• –"Content": any information, data, text, image, photograph, document or other material transmitted, entered or generated by the User through the Application.

2. PURPOSE AND ACCEPTANCE

2.1 Purpose

The purpose of these Terms is to set out how the User may access and use the Service. They are supplemented by the Stery Privacy Policy, a separate document governing the collection and processing of personal information.

2.2 Acceptance

Access to and use of the Service are conditional on acceptance of these Terms. By accessing or using the Service in any way, the User acknowledges having read, understood and unreservedly accepted these Terms.

If the User is acting on behalf of a Clinic or an organization, they represent and warrant that they have the authority required to bind that entity to these Terms.

2.3 Capacity

The User represents that they are a natural person of full age (18 or over). The Application is intended for professional use only and is not designed for minors.

3. DESCRIPTION OF THE SERVICE

3.1 Main features

The Stery Application offers the following features:

a) Sterilization cycle management

• –Creation and tracking of sterilization cycles, identifying the autoclave, the cycle type (Type B, N or S under standard EN 13060) and the operator.
• –Selection of the instruments to be traced for each cycle.
• –Recording of physical parameters (maximum temperature, maximum pressure, duration).

b) Compliance validation

• –Validation of the cycle's physical parameters (pass / fail).
• –Recording of chemical test results (Type 2, 5 and 6 indicators).
• –Tracking of biological tests with a configurable incubation period.
• –Photographic capture of evidence (autoclave display, chemical indicators, biological results).

c) Traceability labels

• –Generation of barcode labels identifying each sterilized instrument.
• –Printing through the label printer supplied with the Stery System.
• –Scanning of labels using the scanners integrated into the System.

d) History and reports

• –Consultation of the complete sterilization cycle history.
• –Search and filtering by period, autoclave, status or operator.
• –Export of PDF reports for audit and regulatory compliance purposes.

e) Automated data collection

• –Connection to the data loggers supplied by Stery and connected to the autoclaves.
• –Automatic retrieval of cycle parameters in real time.

f) Integration with autoclave manufacturers (optional)

• –The ability to connect to the cloud platforms of various autoclave manufacturers in order to retrieve cycle data automatically, where the manufacturer offers that capability.

g) Voice assistant (optional)

• –Voice commands for navigation and pre-filling of cycles.
• –Voice recognition processed locally on the device, with no transmission to an external server.

3.2 Nature of the Service

The Application is a traceability support tool. It in no way replaces the User's professional judgment or the regulatory obligations that apply to the sterilization of medical devices. The User remains solely responsible for ensuring that their sterilization practices comply with the standards and regulations in force.

4. CONDITIONS OF ACCESS

4.1 Commissioning

Access to the Service is configured and activated by the Publisher or its authorized representative when the Stery System is installed on the Clinic's premises. Account creation, initial configuration and provisioning of the Peripherals are carried out by the Publisher.

4.2 Access management

Management of user accounts, operator profiles and access rights is the responsibility of the Publisher in its capacity as administrator of the System. The User cannot create, modify or delete accounts independently. Any request to change access must be sent to the Publisher.

4.3 Identification of operators

Within a Clinic, operators are identified by their name and professional role. Identifying the operator for each traceability operation ensures accountability for actions in line with regulatory requirements.

4.4 Required hardware

The Service runs exclusively on the hardware supplied by the Publisher as part of the Stery System (see article 6). No hardware acquired independently by the User is compatible with the Service.

5. LICENCE TO USE

5.1 Grant of licence

The Publisher grants the User a non-exclusive, non-transferable, non-assignable and revocable licence to use the Application, for the duration of the subscription to the Service and exclusively in the course of their professional activity within the subscribing Clinic.

5.2 Restrictions

The User undertakes not to:

• –Reproduce, copy, modify, adapt, translate or create derivative works from the Application;
• –Disassemble, decompile, reverse engineer or attempt to obtain the source code of the Application;
• –Rent, lend, sublicense, distribute or transfer the Application or the Stery System to third parties;
• –Use the Application for unlawful purposes or purposes that do not comply with these Terms;
• –Circumvent, disable or interfere with the security features of the Application or the Stery System;
• –Use the Application to store or transmit content that is unlawful, defamatory, obscene or that infringes the rights of third parties;
• –Install, connect or attempt to use software, applications or equipment on the Stery System that has not been authorized by the Publisher.

6. THE STERY SYSTEM — HARDWARE AND KIOSK MODE

6.1 An integrated solution

The Stery System is a turnkey solution that includes all the hardware needed to operate it. All equipment (tablet, label printer, data loggers, scanners) is supplied, configured and maintained by the Publisher.

6.2 Kiosk mode and remote management

The tablet is configured in kiosk mode and administered remotely by the Publisher. This configuration is in place for reasons of security, reliability and robustness of the Service:

• –The Application is the only one accessible on the tablet;
• –Software and security updates are deployed remotely by the Publisher;
• –System settings are locked to prevent any unauthorized changes;
• –Peripheral connectivity is configured and managed by the Publisher.

The User acknowledges and accepts that this centralized management is essential to the proper operation, security and integrity of the Service.

6.3 Network and internet connectivity

The Clinic is responsible for providing and maintaining a working Wi-Fi network with internet access on its premises. That network is an essential prerequisite for the operation of the Stery System (data synchronization, communication with the Peripherals, updates).

At the Clinic's request, the Publisher may offer additional equipment to strengthen network coverage on the premises (additional access points, repeaters). Where such equipment is supplied by the Publisher, it forms part of the Stery System and is covered by the Publisher's maintenance.

Maintenance, availability and performance of the Clinic's own internet connection remain the Clinic's sole responsibility. The Publisher cannot be held liable for interruptions or degradation of the Service caused by a failure of the Clinic's internet network.

6.4 Exclusive use of supplied hardware

No hardware acquired independently by the User may be used with the Stery System. Only equipment supplied and configured by the Publisher is compatible and authorized. This restriction guarantees:

• –Compatibility and reliability of communications between components;
• –The security of data transmitted between the Peripherals and the Application;
• –The quality and compliance of the printed traceability labels;
• –The continued validity of warranty and technical support conditions.

Any attempt to connect unauthorized equipment to the Stery System constitutes a breach of these Terms.

6.5 Hardware liability and warranty

The Publisher is responsible for the proper operation of all hardware making up the Stery System (tablet, label printer, data loggers, scanners). Accordingly, the Publisher provides:

• –Warranty coverage and replacement of defective equipment within a reasonable time;
• –Software updates for the Peripherals;
• –Remote technical support to resolve incidents;
• –Configuration of new Peripherals where required.

Exclusion: Autoclaves are not part of the Stery System and are neither supplied nor warranted by the Publisher. Maintenance, calibration and proper operation of autoclaves are the sole responsibility of the Clinic and of the autoclave manufacturer.

6.6 Ownership and use of the hardware

Ownership of the hardware making up the Stery System is governed by the sale and subscription agreement entered into between the Clinic and the Publisher. Where the Clinic has acquired the hardware under that agreement, it becomes the Clinic's property, on the understanding that the hardware is designed and configured to work exclusively with the Stery Service and becomes inoperable if the subscription ends. The User undertakes, in all circumstances, to take care of the hardware and not to modify, dismantle or reflash it, or to make it inaccessible to the Publisher for the remote or on-site maintenance operations provided for in the agreement.

7. USER OBLIGATIONS

7.1 Compliant use

The User undertakes to:

• –Use the Service in accordance with these Terms and applicable regulations;
• –Provide accurate, up-to-date information when entering traceability data;
• –Keep their access credentials confidential;
• –Use the Service only within its intended features and for the Clinic's needs;
• –Notify the Publisher without delay of any anomaly or malfunction observed;
• –Refrain from moving, unplugging or altering the Stery System Peripherals without the Publisher's authorization.

7.2 Professional responsibility

The User acknowledges that:

• –The Application is a support tool and does not replace established sterilization protocols;
• –Compliance of sterilization practices is the sole responsibility of the User and the Clinic;
• –The User remains subject to the rules of their professional order (Ordre des dentistes du Québec, Ordre des hygiénistes dentaires du Québec, etc.);
• –Validation of test results and cycle parameters is a matter for the User's professional judgment.

8. SYSTEM SECURITY AND PROHIBITED USES

8.1 Integrity of the System

The Stery System is designed as a closed, secure environment. The User undertakes to respect the integrity of the System and not to:

• –Attempt to exit the application environment or access the tablet's system settings;
• –Install, download or run unauthorized software or applications;
• –Connect equipment, cables or accessories not supplied by the Publisher;
• –Modify, alter or attempt to circumvent the System's security configurations;
• –Carry out or facilitate any attempt to gain unauthorized access to the System, its components or the data it contains.

8.2 Unauthorized uses

Any use of the System for purposes other than those provided for by the Service, or any compromise of the integrity or security of the System, constitutes a serious breach of these Terms.

In the event of a breach, the Publisher reserves the right to:

• –Immediately suspend access to the Service without notice;
• –Terminate the sale and subscription agreement;
• –Bring any appropriate legal proceedings;
• –Claim full compensation for the damages suffered.

The User is responsible for ensuring that only authorized persons within the Clinic use the Stery System.

8.3 Monitoring

The Publisher remotely monitors the operating status of the System in order to guarantee its availability, security and performance, in compliance with applicable personal information protection legislation.

9. INTELLECTUAL PROPERTY

9.1 The Publisher's rights

The Application, its source code, interface, design, logos, the Stery trademark and any other constituent element are and remain the exclusive property of the Publisher or its licensors.

These Terms confer on the User no intellectual property right in the Application or the Stery System, other than the licence to use defined in article 5.

9.2 User data

The User retains ownership of their sterilization data and of any Content they enter in the Application. The Publisher acquires no ownership right in that data.

The User grants the Publisher a limited, non-exclusive and revocable licence to store, process and transmit their data for the sole purpose of providing the Service.

10. LIMITATION OF LIABILITY

10.1 Disclaimer of warranty

The Service is provided "as is" and "as available". The Publisher does not warrant that the Service will be uninterrupted, error-free or aligned with the User's expectations.

10.2 Limits of liability

To the extent permitted by applicable law:

• –The Publisher is not liable for indirect, incidental, special, consequential or punitive damages, including without limitation loss of data, loss of profits or business interruption.
• –The Publisher's total liability, on any and all grounds, is limited to the total amount actually paid by the Clinic to the Publisher during the twelve (12) months preceding the event giving rise to the liability.
• –The Publisher is not liable for service interruptions caused by a failure of the Clinic's internet network.
• –The Publisher is not responsible for the operation, maintenance or calibration of autoclaves, as these are not part of the Stery System.

10.3 Force majeure

The Publisher cannot be held liable for failure to perform its obligations in cases of superior force (force majeure) as defined by the Civil Code of Québec, including in particular network outages, cyberattacks, natural disasters, pandemics or acts of public authorities.

10.4 Professional notice

The Application is not a medical device within the meaning of the Medical Devices Regulations (Canada). The data recorded and the reports generated by the Application are documentation support tools and must not be used as the sole basis for decisions relating to patient safety. Professional responsibility for sterilization rests exclusively with the User and the Clinic.

11. AVAILABILITY OF THE SERVICE

11.1 Access

The Publisher endeavours to make the Service available 24 hours a day, 7 days a week, but does not guarantee it.

11.2 Maintenance

The Publisher reserves the right to temporarily suspend access to the Service for maintenance, update or improvement work. The Publisher will endeavour to notify the User in advance of planned interruptions. Critical security updates may be deployed without notice.

11.3 Offline mode

The Application offers limited functionality in offline mode (consulting the local history, creating cycles). Data created offline is synchronized automatically as soon as the internet connection is restored.

12. NOTIFICATIONS

12.1 System notifications

The Application may issue notifications for:

• –Regulatory compliance reminders (daily biological tests, weekly tests);
• –Peripheral connectivity alerts (data logger or scanner offline);
• –End-of-cycle notifications.

12.2 Consent

Sending notifications requires the User's consent, which may be withdrawn at any time through the Application's settings.

13. TERMINATION

13.1 Termination by the Clinic

The Clinic may terminate its subscription to the Service in accordance with the terms of the sale and subscription agreement. Termination ends access to the Service and therefore renders the hardware making up the Stery System inoperable, although that hardware remains the Clinic's property where the Clinic acquired it. The Publisher may, at its sole discretion and without obligation, offer to buy back the hardware from the Clinic on terms to be agreed between them.

13.2 Termination by the Publisher

The Publisher may suspend or terminate access to the Service in the event of:

• –Breach of these Terms;
• –Non-compliant, fraudulent or abusive use of the Service or the Stery System;
• –Compromise of the integrity or security of the System;
• –Non-payment of subscription fees;
• –Permanent discontinuation of the Service (with reasonable notice of 90 days).

13.3 Effects of termination

In the event of termination:

• –The Clinic may request an export of its sterilization data in a portable format (PDF) before the Service is deactivated;
• –The hardware making up the Stery System, where acquired by the Clinic, remains its property but becomes inoperable without an active subscription; the Publisher may, at its sole discretion, make a buy-back offer that binds neither Party;
• –Sterilization data subject to statutory retention obligations may be retained securely by the Publisher for the period required by regulation;
• –The licences to use end immediately.

14. CHANGES TO THE TERMS

14.1 Right to amend

The Publisher reserves the right to amend these Terms at any time. Amendments take effect thirty (30) days after they are notified to the User by any appropriate means (in-app notification, communication to the Clinic).

14.2 Acceptance of amendments

Continued use of the Service after amendments take effect constitutes acceptance of the amended Terms. If the Clinic does not accept the amendments, it may terminate the Service in accordance with article 13.

15. GOVERNING LAW AND DISPUTE RESOLUTION

15.1 Governing law

These Terms are governed by the laws of the Province of Québec and the federal laws of Canada applicable therein.

15.2 Amicable resolution

In the event of a dispute relating to these Terms, the parties undertake to attempt to resolve the disagreement in good faith through mediation before commencing any legal proceedings.

15.3 Consumer Protection Act

These Terms in no way limit the rights conferred on the User by the Consumer Protection Act (CQLR, c. P-40.1), to the extent that it applies.

16. MISCELLANEOUS PROVISIONS

16.1 Entire agreement

These Terms, the Privacy Policy and the sale and subscription agreement constitute the entire agreement between the User, the Clinic and the Publisher regarding use of the Service.

16.2 Severability

If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions remain in force.

16.3 Waiver

The Publisher's failure to exercise a right or remedy under these Terms does not constitute a waiver of that right or remedy.

16.4 Assignment

The User and the Clinic may not assign their rights or obligations under these Terms without the Publisher's prior written consent. The Publisher may assign these Terms in connection with a merger, acquisition or sale of all or part of its assets.

16.5 Language

These Terms were drafted in French. This English text is a translation provided for convenience only; in the event of any discrepancy, the French version prevails.

17. CONTACT

For any question relating to these Terms:

Stery Inc.

512 Pine Avenue

Saint-Lambert, Quebec, Canada

Email: contact@stery.ca

Phone: 1 888 559-7719

For any question relating to the protection of personal information, please consult our Privacy Policy or contact our privacy officer using the contact details given in that policy.

LEGISLATIVE REFERENCES

• –Civil Code of Québec (CQLR, c. CCQ-1991)
• –Consumer Protection Act (CQLR, c. P-40.1)
• –Standard EN 13060 — Small steam sterilizers
• –Charter of Human Rights and Freedoms (CQLR, c. C-12)