THESE TERMS AND CONDITIONS ARE THE STANDARD TERMS AND CONDITIONS APPLICABLE TO THE PROGRAM, AS ADMINISTERED BY BIONIC POWER INC. (THE “COMPANY”). THE PROGRAM IS INTENDED TO BE CONDUCTED IN THE PROVINCE OF ONTARIO ONLY AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO APPLICABLE ONTARIO LAW AND THE LAWS OF CANADA APPLICABLE THEREIN.  THE PROGRAM IS VOID IN WHOLE OR IN PART WHERE PROHIBITED BY LAW. SUBMISSION OF AN APPLICATION FOR THE PROGRAM CONSTITUTES ACCEPTANCE OF THESE PROGAM TERMS AND CONDITINS (THE “TERMS AND CONDITIONS”).

OBJECTIVE

The objective of the Program is to donate the Company’s Agilik systems to children with crouch gait, aimed at improving their mobility using the funds raised by the Company through a GoFundMe campaign (the “Campaign”). The Program is committed to equitable access and prioritizes applicants who demonstrate a critical need for the device and have limited means of obtaining it.

Eligibility Requirements.  To be eligible for the Program, applicants must be Canadian residents and be a minimum of five years of age and under the age of 18 on May 13, 2024.

All personal and other information requested by and supplied to the Company for the purpose of the Program must be truthful, complete, accurate and in no way misleading. The Company reserves the right, in its sole discretion, to disqualify any applicant should such applicant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information.

1. Application and Selection Process. The following are the steps for the application and selection process:
   • Submit an application form via the bionic-power.com website. This must contain the user and their caregiver’s contact information, and the contact information for their certified orthotist.
   • Orthotist Engagement: The Company will consult with the orthotist to discuss suitability and eligibility for use of the Agilik and the fitting and customization needs.
   • The orthotist must confirm all information within 30 days of the submission of the application.
   • Selection: Final applicant selection will be done by the Company.
   • The Company will contact the applicant and inform them of their status.
2. Funding and Sponsorship Scope. The number of Agilik systems available for the Program will be contingent on the funds raised through the Campaign. All of the net proceeds from the Campaign will be dedicated exclusively to covering the costs (both internal and external) and materials needed to manufacture and supply the Agilik systems for the Program. The Company will not generate any profit from the Program, ensuring that donations are fully utilized for the benefit of the successful applicants who receive the Agilik systems (the “Recipients”).
3. Recipient Obligations. Recipients and their legal guardian or representative, as applicable, must collaborate with their orthotist for the fitting process and provide ongoing feedback on the effectiveness of the Agilik system. They may also be asked to participate in outcome studies to help assess the program’s impact.
4. Indemnification By Applicant. By applying for the Program, each participant and his or her legal guardian or representative, releases and holds the Company and its, subsidiaries, affiliates and/or related companies and each of their employees, directors, officers, suppliers, agents, administrators, licensees, representatives and agents (collectively, the “Releasees”) harmless from any and all liability for any injuries, loss or damage of any kind to the participants or any other person, including personal injury, death, or property damage, resulting in whole or in part, directly or indirectly, from participation in the Program or any breach of the Terms and Conditions.
5. Limitation Of Liability. The Company assumes no responsibility or liability for lost, late, unintelligible/illegible, falsified, damaged, misdirected or incomplete Program application materials, notifications, responses, replies or for any computer, online, software, telephone, hardware or technical malfunctions that may occur, including but not limited to malfunctions that may affect the transmission or non-transmission of an application for the Program. The Company is not responsible for any incorrect or inaccurate information, whether caused by any of the equipment or programming associated with or utilized in the Program or by any technical or human error which may occur in the administration of the Program. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, applications. The Company is not responsible for any problems, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, e-mail, players, or browsers, on account of technical problems or on account of any combination of the foregoing or otherwise.  The Company assume no responsibility or liability in the event that the Program cannot be conducted as planned for any reason, including those reasons beyond the control of the Company, such as technical failures, fraud, security, fairness, integrity, breach of laws or proper conduct of the Program.
6. Other Terms and Conditions. The Program will commence on May 13, 2024 and will conclude once all funds raised from the Campaign have been allocated to the Recipients for the Program.

The Program is limited to the Agilik system device. The costs for customization, fitting, additional components, including the required knee-ankle-foot orthosis to be used with the Agilik, and any other item are the responsibility of the Recipient and should be negotiated directly with, and paid to, the orthotist.

Recipients will be required through their legal guardian or representative, as applicable, to enter into a legal agreement and release with the Company regarding, among other things: (a) their eligibility for the Program, (b) acceptance of the Agilik system device provided, and (c) release of Releasees from any and all liability for any loss, harm, damages, cost or expense arising out of participation in the Program or the acceptance, use, or misuse of the Agilik system device provided, including but not limited to costs, injuries, losses related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising therefrom.

The Company reserves the right, in its sole discretion, to terminate the Program, in whole or in part, and/or modify, amend or suspend the Program, and/or the Terms and Conditions in any way, at any time, for any reason without prior notice.

These Terms and Conditions are subject to applicable laws and regulations. The Terms and Conditions are subject to change without notice in order to comply with any applicable laws or the policy of any other entity having jurisdiction over the Company and the Program. All issues and questions concerning the construction, validity, interpretation and enforceability of the Terms and Conditions or the rights and obligations as between the applicant and the Company in connection with the Program shall be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein, including procedural provisions without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws.

In the event of any discrepancy or inconsistency between these Terms and Conditions of the Program and disclosures or other statements contained in any Campaign related materials or other Company materials, these Terms and Conditions of the Program shall prevail, govern and control.

By participating in the Program, each applicant and their legal guardian or representative, as applicable, agrees to be bound by these Terms and Conditions. Each applicant further agrees to be bound by the decision of the Company regarding the Program, which shall be final and binding in all respects. The Company reserve the right, in its sole discretion, to disqualify any applicant found to be violating the Terms and Conditions, tampering or attempting to tamper with the eligibility process or the operation of the Program.