APPENDIX A

JURISDICTION-SPECIFIC TERMS

Last Updated: April 1, 2016

The following terms govern dispute resolution, limitation of liability, and certain other key terms set out in the Figure 1 Terms of Service. We provide this Appendix A as a resource for users which, at the date of last editing, is believed to be up to date and accurate. It is not an exhaustive list of all dispute resolution or limitation of liability clauses worldwide.

• Argentina
• Australia
• Austria
• Azerbaijan
• Belgium
• Belarus
• China
• France
• Germany
• India
• Italy
• Japan
• Kazakhstan
• Latin America
• Lebanon
• New Zealand
• Portugal
• Russia
• South Africa
• Spain
• Sweden
• Turkey
• Ukraine
• Uzbekistan

ARGENTINA: NON-PROFESSIONAL USERS (CONSUMERS)

Argentine Consumer Law shall apply in cases where the Services, Site, or App is accessed by a consumer in Argentina. Any claim, dispute, or litigation from or against such consumer arising in relation to the validity, interpretation, or application of the Terms or any other agreement, document, or instrument contemplated herein, shall be adjudicated under Argentine law and shall be submitted to the Federal Courts of Buenos Aires.

AUSTRALIA, NEW ZEALAND, AND SOUTH AFRICA:

• GENERAL. Notwithstanding the governance of the Terms and this Addendum, you may have additional obligations and responsibilities to adhere to in the jurisdiction in which you practice medicine or another health profession.
• DISPUTE RESOLUTION. In the event that the parties consent to arbitration, the Dispute Resolution provisions in Section 20 of the Terms still apply, but shall allow for the use of arbitrators based in Australia (or South Africa for South African Users) rather than those based in Ontario, as well as a Court of Australia (or South Africa for South African Users) in place of the Superior Court of Ontario.
• ADDITIONAL DISCLAIMERS.
  YOUR RELIANCE UPON THE CONTENT OBTAINED OR USED BY YOU THROUGH THE SITE, SERVICES, OR APP IS SOLELY AT YOUR OWN RISK. ... (full disclaimer details)
• AUSTRALIA: ADDITIONAL LIMITATIONS OF LIABILITY.
  (details on limitations)
• AUSTRALIA: APPLICABLE LAW.
  (legal acknowledgments)

AUSTRIA, ARGENTINA, PORTUGAL, THE PRC, AND UZBEKISTAN: LIMITATION OF LIABILITY.

The limitation of liability clause is not applicable to damages resulting out of or in the damaging of the human body, life, or health. Furthermore the limitation of liability is not applicable in case of gross negligence or willful misconduct.

AUSTRIA: NON-PROFESSIONAL USERS (CONSUMERS).

Austrian Law shall apply in any case where the Service, Site, or App is accessed by a consumer in Austria. Any claim, dispute or litigation from or against such consumer... shall be adjudicated under Austrian law and shall be submitted to the jurisdiction of the courts of Vienna.

AZERBAIJAN: LIMITATION OF LIABILITY.

The limitation of liability clause is not applicable to damages resulting out of or in the damaging of the human body, life, or health, nor to damages under the Law “On the protection of consumer rights”.

AZERBAIJAN: NON-PROFESSIONAL USERS (CONSUMERS).

The Azerbaijan Consumer Law shall apply in any case where the Services, Site, or App is accessed by a consumer in Azerbaijan. Any claim... shall be adjudicated under Azerbaijan law and shall be submitted to the jurisdiction of the courts of Azerbaijan.

AZERBAIJAN, TURKEY, SPAIN, SWEDEN, NORWAY, FINLAND, AND ICELAND: CONSENT FROM PATIENTS.

If you are a resident of these jurisdictions, you undertake to obtain express consent from the patient prior to capturing images of a part of the patient’s body and transferring the fully de-identified image...

BELARUS: LIMITATION OF LIABILITY.

The limitation of liability clause is not applicable to damages resulting from or in the damaging of the life, or health, or property of a consumer.

BELGIUM: LIMITATION OF LIABILITY.

The limitation of liability clause is not applicable to damages resulting out of or in the damaging of the human body, life, or health.

PEOPLE’S REPUBLIC OF CHINA: DISCLAIMER ON APP AND SITE.

You acknowledge that, although Figure 1, Inc. develops the App and the Site independently, it is not able to conduct intellectual property clearance...

FRANCE: NON-PROFESSIONAL USERS (CONSUMERS).

The French Consumer Law shall apply in any case where the Service, Site, or App is accessed by a consumer in France. Any claim... shall be submitted to the jurisdiction of the courts of Paris.

GERMANY: LIMITATION OF LIABILITY.

The limitation of liability clause is not applicable to damages resulting out of or in the damaging of the human body, life, or health, nor to damages under the German Product Liability Act.

INDIA:

In addition to your obligations under these Terms, you agree not to host, display, upload, modify, publish, transmit, update, or share any information...

ITALY: NON-PROFESSIONAL USERS (CONSUMERS).

Italian Consumer Law shall apply in any case where the Services, Site, or App is accessed by a consumer in Italy...

JAPAN: NON-PROFESSIONAL USERS (CONSUMERS).

The limitation of liability clause is not applicable in case of gross negligence or willful misconduct.

KAZAKHSTAN: LIMITATION OF LIABILITY.

The limitation of liability clause is not applicable to damages to life, health, or property of the person...

LATIN AMERICA: CONSENT FROM PATIENTS.

If you are a resident of Argentina or of any another jurisdiction in Latin America where obtaining the patient’s consent is legally necessary...

LEBANON:

The imperative provisions of the Consumer Protection Law No. 659 dated 4 February 2005 shall apply...

RUSSIAN FEDERATION:

• NON-PROFESSIONAL USERS (CONSUMERS). If the Services, Site, or App is accessed by a consumer in the Russian Federation...
• LIMITATION OF LIABILITY. The limitation of liability clause is not applicable to damages resulting out of or in the damage of the human body, life, or health.

SOUTH AFRICA: DISPUTE RESOLUTION.

If you accessed the Services... in South Africa...

SPAIN: NON-PROFESSIONAL USERS (CONSUMERS).

Spanish Consumer Law shall apply in any case where the Services, Site, or App is accessed...

TURKEY:

• LIMITATION OF LIABILITY. The limitation of liability clause is not applicable to damages resulting out of or in the damaging of the human body...
• NON-PROFESSIONAL USERS (CONSUMERS). Turkish Consumer Law shall apply in any case where the Services, Site, or App is accessed...

UKRAINE:

• LIMITATION OF LIABILITY. The limitation of liability clause is not applicable in case of death or damage of health resulting from actions or omissions of Figure 1, Inc.
• NON-PROFESSIONAL USERS (CONSUMERS). Ukrainian Law shall apply in any case...

UZBEKISTAN: NON-PROFESSIONAL USERS (CONSUMERS).

Uzbekistan Consumer Law shall apply in cases where a consumer in Uzbekistan accesses the Services, Site, or App.