Terms of use.

2.2 By accessing, browsing or otherwise using the Website you confirm that you accept these Terms of Use and agree to comply with them. If you do not accept them you must cease using the Website.

2.3 Where you access the Website in the course of your employment or engagement, or on behalf of a body corporate or other undertaking, you warrant that you have authority to bind that person, and references to "you" include that person.

"Content" means all material published on or through the Website, including text, graphics, photographs, renders, video, audio, data, diagrams, layouts, source code and object code;

"Device" means the Diego hand, the ReMould application, and any other product, prototype, component or software developed by ReAble Labs;

"Intellectual Property Rights" means patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, goodwill, rights in designs, database rights, rights in confidential information including know-how, and all other intellectual property rights, in each case whether registered or unregistered, including all applications for and renewals or extensions of such rights, and all similar or equivalent rights subsisting in any part of the world.

3.2 Clause headings do not affect interpretation. References to a statute or statutory provision include that provision as amended, extended or re-enacted from time to time. Words importing the singular include the plural and vice versa. Any phrase introduced by "including", "in particular" or "for example" is illustrative and does not limit the generality of the words preceding it.

4.2 The Website is not a facility for the purchase, order, reservation, prescription, supply or fitting of any product. No part of the Website constitutes an offer capable of acceptance, and no order may be placed through it.

5.2 Nothing published on the Website constitutes an offer to place a medical device on the market, to put a medical device into service, or to promote a medical device, within the meaning of Regulation (EU) 2017/745. Where information concerning specification, performance or indicative price is published, it is published for the purpose of describing work in progress and of informing prospective research, clinical and commercial partners, and not for the purpose of inducing supply.

5.3 The Content does not constitute medical, clinical, prosthetic, rehabilitative or health advice, and must not be relied upon as such. The Content does not diagnose any condition, recommend any course of treatment, or establish the suitability of any product for any individual.

5.4 You should seek the advice of a qualified prosthetist, medical practitioner or other appropriately qualified health professional in respect of your own circumstances. You should not disregard professional advice, nor delay in seeking it, by reason of anything published on the Website.

5.5 No physician and patient relationship, and no clinical or professional relationship of any kind, arises between you and ReAble Labs by reason of your use of the Website or of any correspondence conducted through it.

6.2 Figures, statistics and findings attributed to a third party are reproduced from the source cited beside them. We have taken reasonable care in their selection but do not independently verify them and accept no responsibility for their accuracy.

6.3 Statements concerning our intentions, plans, expectations or prospects are forward-looking. They reflect our view at the date of publication, are subject to risks and uncertainties, and are not warranties, representations or guarantees that any outcome will be achieved.

6.4 We are under no obligation to update the Content, and the presence of Content on the Website is not a representation that it remains current.

7.2 You may print or download individual pages for your own reference, provided that you do not modify them and that you retain all copyright and proprietary notices.

7.3 You may link to the home page of the Website from a website you own or control, provided that you do so in a manner which is fair and lawful, which does not damage our reputation or take advantage of it, and which does not suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.

7.4 All rights not expressly granted are reserved.

• (a) reproduce, duplicate, copy, republish, distribute, transmit, broadcast, licence, sell or otherwise exploit any part of the Content for a commercial purpose without our prior written consent;
• (b) modify, adapt, translate or create derivative works from the Content;
• (c) use any robot, spider, scraper, crawler or other automated means to access, monitor or copy the Website or the Content, save for indexing by a general purpose search engine which respects the instructions published in our robots.txt file;
• (d) use the Content, in whole or in part, for the purposes of developing, training, fine-tuning, evaluating or benchmarking any machine learning model, artificial intelligence system or large language model, without our prior written consent;
• (e) extract, re-utilise or systematically retrieve any substantial part of any database comprised in the Website;
• (f) remove, obscure or alter any copyright, trade mark or other proprietary notice;
• (g) introduce any virus, trojan, worm, logic bomb or other material which is malicious or technologically harmful;
• (h) attempt to gain unauthorised access to the Website, the server on which it is stored, or any server, computer or database connected to it;
• (i) attack the Website by means of a denial of service attack or a distributed denial of service attack;
• (j) use the enquiry form to transmit any material which is unlawful, defamatory, obscene, threatening, harassing, or which infringes the Intellectual Property Rights or privacy of any person, or to transmit unsolicited commercial communications; or
• (k) use the Website in any manner which breaches any applicable law or regulation, or which is fraudulent or has any fraudulent purpose or effect.

8.2 A breach of clause 8.1 may constitute a criminal offence under the Criminal Justice (Offences Relating to Information Systems) Act 2017. We will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities, including by disclosing your identity to them. In the event of such a breach, your right to use the Website ceases immediately.

9.2 "ReAble Labs", "Diego" and "ReMould" are names and marks used by ReAble Labs in the course of trade. Nothing on the Website confers any right to use those names or marks, or any logo, device or get-up of ReAble Labs.

9.3 One or more patent applications relating to the Device are pending. Nothing on the Website confers any licence, express or implied, under any patent, patent application or other Intellectual Property Right of ReAble Labs, and no statement on the Website may be construed as a waiver of any such right.

9.4 Where any Content is made available under an open licence, the terms of that licence govern its use and prevail over this clause 9 to the extent of any inconsistency.

10.2 You must not send confidential or proprietary information through the Website. Material sent through the enquiry form is not treated as confidential unless a written confidentiality agreement is in force between us, or unless we have expressly agreed in writing in advance to receive it in confidence.

10.3 Where you send us an idea, suggestion, proposal, concept or item of feedback otherwise than under a written agreement, you grant us a perpetual, irrevocable, worldwide, royalty-free, non-exclusive licence to use, reproduce, adapt and exploit it for any purpose, without obligation, attribution or payment. This clause does not apply to any personal data contained in such material, which is governed by the Website Privacy Notice, and does not affect any right you may have in an invention of your own.

10.4 You warrant that any material you send to us is your own, or that you are authorised to send it, and that it does not infringe the rights of any third party.

11.2 We do not warrant that the Website or any Content is free from viruses or other harmful components. You are responsible for configuring your information technology, computer programmes and platform to access the Website, and for the use of your own virus protection software.

11.3 You are responsible for making all arrangements necessary for you to have access to the Website, and for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

12.2 We make no representation and give no warranty that the Content is accurate, complete, reliable, current or fit for any particular purpose, or that it is suitable for use in any jurisdiction.

12.3 Nothing in this clause 12 affects the statutory rights of a consumer, which are preserved by clause 14.

• (a) death or personal injury caused by our negligence;
• (b) fraud or fraudulent misrepresentation;
• (c) any liability for defective products under the Liability for Defective Products Act 1991 or any successor legislation; or
• (d) any other liability which may not lawfully be excluded or limited.

13.2 Subject to clause 13.1, and to the fullest extent permitted by law, we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for:

• (a) loss of profit, revenue, business, contracts or anticipated savings;
• (b) loss of or damage to goodwill or reputation;
• (c) loss or corruption of data or information;
• (d) business interruption; or
• (e) any indirect, special or consequential loss,

in each case arising out of or in connection with your use of, or inability to use, the Website, or your reliance upon any Content.

13.3 Subject to clause 13.1, our total aggregate liability arising out of or in connection with these Terms of Use, whether in contract, tort or otherwise, shall not exceed one hundred euro (EUR 100), reflecting the fact that the Website is provided free of charge.

13.4 We accept no liability in respect of any website operated by a third party to which the Website links, or in respect of any loss arising from your dealings with any such third party.

14.2 Where any provision of these Terms of Use is found to be unfair within the meaning of Part 6 of the Consumer Rights Act 2022, that provision shall not bind you, and the remaining provisions shall continue in force.

16.2 Termination does not affect any right or liability which has accrued before the date of termination. Clauses 9, 10, 12, 13, 15, 17 and 19 survive termination.

17.2 The courts of Ireland have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms of Use.

17.3 Where you are a consumer habitually resident in a Member State of the European Union other than Ireland, you retain the protection afforded to you by the mandatory provisions of the law of that State, and proceedings may be brought in the courts of that State.

17.4 Where you are a consumer, the European Commission operates an online dispute resolution platform at ec.europa.eu/consumers/odr, to which we draw your attention as required by Regulation (EU) 524/2013.