MS Pen Technologies, Inc.

Terms of Use

Last Updated: July 7, 2023

Welcome, and thank you for your interest in MS Pen Technologies, Inc. (“MS Pen,” “we,” or “us”) and our website at, including subdomains of that website (collectively, the “Site”). These Terms of Use are a legally binding contract between you and MS Pen regarding your use of the Site. PLEASE READ THE FOLLOWING TERMSCAREFULLY.BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SITE, YOU AGREETHAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SITE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING MSPEN’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the SITE.YOUR USE OF THE SITE, AND MS PEN’S PROVISION OF THE SITE TO YOU, CONSTITUTES ANAGREEMENT BY MS PEN AND BY YOU TO BE BOUND BY THESE TERMS.

1 Website Overview. The Site provides information about our company, our diagnostic technology, and related products and services.

2 No Medical Advice. All information contained on this website, including information related to medical and health conditions, or related products and treatments, is for informational purposes only, and does not serve as a substitute for the advice of a medical professional or other healthcare provider. If you have any question about a medical or health conditions or treatment options, consult with a medical professional or healthcare provider. Use of this information for any reason whatsoever is solely at your discretion and at your own risk. MS Pen assumes no responsibility and makes no claims regarding the information on the Site, except as otherwise set forth herein.

3 Eligibility. You must be at least 18 years old to use the Site. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Site; and (c) your use of the Site is in compliance with any and all applicable laws and regulations.

4 Licenses

8.  Modification of these Terms. We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. Except as expressly permitted in this Section 8, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

9.  Modification of the Site. MS Pen reserves the right to modify or discontinue the Site at any time (including by limiting or discontinuing certain features of the Site), temporarily or permanently, without notice to you. MS Pen will have no liability for any change to the Site or any suspension or termination of your access to or use of the Site.

10. Term. These Terms are effective beginning when you accept the Terms or first access, or use the Site, and ending when terminated as described in this Section 10. If you violate any provision of these Terms, your authorization to access the Site and these Terms automatically terminate. In addition, MS Pen may, at its sole discretion, terminate these Terms, or suspend or terminate your access to the Site, at any time for any reason or no reason, with or without notice. Upon termination of these Terms: (a) your license rights will terminate, and you must immediately cease all use of the Site; (b) you will no longer be authorized to access the Site; and (c) Sections 2, 4.3, 5, 10, 11, 12, 13, and 14 will survive.

11. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Site, and you will defend and indemnify MS Pen and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “MS Pen Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Site; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

12. Disclaimers; No Warranties

13. Limitation of Liability

14. Miscellaneous