Terms of Use
Please read these terms of use carefully before using the Our Dementia Journey Journal mobile application (the “App”) as they represent a binding agreement (the “Terms”) between each user of the App (referred to as “you” or “your”) and SE Health (referred to as “SE Health”, “we”, “us” or “our”).
If you wish to access and use the App, you must accept and agree to be bound by and comply with these Terms. If you do not agree to these Terms, then you must not access or use the App.
You agree that these Terms, and any related information, communications and agreements between you and us, may be made available or occur electronically.
We reserve the right, at our sole discretion, to modify these Terms at any time. Such modifications shall become effective immediately upon your continued use of the App following provision of notice to your designated e-mail address, or the posting of the modified Terms on the App and your continued use. You must review these Terms on a regular basis to keep yourself apprised of any changes. You may access these Terms by Clicking on a link in the App.
1. License
SE Health grants you (as a permitted user) a limited, revocable, non-exclusive license to use the App for personal, non-commercial purposes, on a mobile device that you own or control and in compliance with all applicable laws. This license does not grant you any rights to use the App for any other purpose or on any other device. Use of the App beyond the scope of authorized access granted to you by these Terms immediately terminates that license. We may terminate this license at any time in our sole discretion.
2. Access to the App
Access and use of the App may be subject to limitations, delays and other problems inherent in the use of mobile applications. SE Health is not responsible for any delays, delivery failures, or other damage resulting from such problems, or from the unavailability of the App for any reason.
All rights not expressly granted by these Terms are reserved to us, or, if applicable, our licensors.
Notwithstanding anything else contained herein, we reserve the right to refuse to provide access to the App to anyone at any time for any reason, without any notice or liability.
3. Restrictions
Use of the App and registration as a user of the App is void where prohibited. You may not copy, modify, distribute, sell, sublicense, or transfer the App or any portion thereof without the prior written consent of SE Health. You may not reverse engineer, decompile, disassemble, or attempt to extract the source code of the App or any part thereof. You may not use the App in any manner that could damage, disable, overburden or impair the App, SE Health’s servers or networks, or violate any laws or regulations. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the App.
4. Intellectual Property
The App and its contents, including but not limited to text, graphics, images, logos, software code, are the property of SE Health and are protected by Canadian and international copyright, trademark, and other intellectual property laws. These Terms do not grant you any rights to use SE Health’s trademarks, logos, or trade names for any purpose that is not expressly authorized in these Terms without our prior written consent.
5. Accounts
When you sign up to use the App, you will be required to register an account, which includes a username and password and requires an email address (an “account”). You represent and warrant that all information you submit when you register for your account is accurate, current and complete, and that you will keep your account information accurate, current and complete. If we have any reason to believe that any of your account information is untrue, inaccurate, out-of-date or incomplete, we may terminate your account.
The App may allow you to use biometric authentication, such as facial or fingerprint recognition, in place of or in addition to your password. You will not use the biometric information of any other person or otherwise allow any person to access or use your login credentials. We are not responsible for any losses related to misuse of login credentials or other unauthorized access.
You are solely responsible for the activity that occurs on your account, whether authorized by you or not, and you must keep your account information secure. You must notify us immediately of any breach of security or unauthorized use of your account. We will not be liable for any loss related to unauthorized use of your account. You, however, may be liable for any loss incurred by us or others caused by your account, whether caused by you or by any other person.
6. User-Generated Contributions
The App may provide you with the opportunity to create, submit, post, display, transmit, publish, or distribute in the App, included but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions or personal information or other materials (collectively referred to as “contributions”). You represent and warrant that:
a. The creation, distribution, transmission or display, and the accessing, downloading, or copying of your contributions will not infringe any third-party proprietary rights, including but not limited to the copyright, patent, trademark, or moral rights.
b. You are the creator and owner of, or have the necessary licenses, rights, consent, releases, and permissions to use and to authorize the App and other users of the App to use your contributions in any manner contemplated by the App and these Terms.
c. Your contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, spam, or other forms of solicitation.
d. Your contributions are not obscene, lewd, violent, harassing, slanderous, or otherwise objectionable.
e. Your contributions are not used to ridicule, mock, intimidate, harass, threaten or abuse any person.
f. Your contributions do not violate any applicable laws or regulations.
g. Your contributions do not violate the privacy or public right of any third party.
h. Your contributions do not otherwise violate, or link to material that violates, any provision of these Terms, or any applicable laws or regulations.
Use of the App in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your right to use the App.
We do not assume any responsibility for the content posted by any user or for the conduct of any user with respect to any such content. We also do not assume responsibility for monitoring the App for inappropriate content or conduct but reserve the right to investigate use of the App and take appropriate action in accordance with these Terms. We may delete any content for any reason, including but not limited to, content that in we believe violates these Terms or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity.
7. Privacy
We respect your right to privacy. All information that we may collect via the App is subject to our Privacy Policy, which is accessible at: Privacy Policy (sehc.com)
8. Push Notifications
The App may include push notifications or other mobile communication capability. You hereby approve SE Health’s delivery of electronic communications directly to your mobile device. These notifications may, for example, include information regarding changes to these Terms, and pending unread messages. The notifications may be delivered to your device even when the App is running in the background. You have the ability, and it is your responsibility, to control the notifications you do, or do not, receive through your device. It is your responsibility to keep your account information secure when using this feature.
9. Modifications
If we upgrade, update or modify the App (including bug fixes, patches and new versions provided to you, the “Modifications”), please promptly install and use the Modifications to get the most out of the App. A description of any Modifications may be found on the app store page where the App is available for download. We are not under any obligation to make Modifications.
10. Third-Party Websites and Links
The App a may contain links to sites owned or operated by parties other than SE Health (collectively the “Third Party Websites”). SE Health does not own or control the Third-Party Websites and assumes no responsibility for their content. You agree that you assume all risk when accessing any Third-Party Websites, and release SE Health from any and all liability resulting from your access or use of Third-Party Websites.
11. Apple and Google
If you use the App on an Apple Inc. (“Apple”) device, then you agree and acknowledge that:
- These Terms are between you and SE Health and not with Apple, and Apple bears no duties or obligations to you under these Terms, including but not limited to, any obligation to furnish you with maintenance and support;
- You will have no claims, and you waive any and all rights and causes of action against Apple with respect to the App or the Terms, including, but not limited to claims related to maintenance and support, intellectual property infringement, liability, consumer protection, or regulatory or legal conformance; and
- Apple and Apple subsidiaries are third party beneficiaries of the Terms and, therefore, upon your acceptance of the Terms, Apple, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you.
If you obtain the App through the Google Play Store, then you agree and acknowledge that:
- These Terms are between you and SE HEalth, and not with Google, Inc. or any of its subsidiaries (collectively, “Google”).
- You must comply with Google’s then-current Google Play Terms of Service. In the event of any inconsistency between a term of these Terms and a term of the Google Play Terms of Service, the term of the Google Play Terms of Service will prevail.
- Google is only a provider of the Google Play Store where you obtained the App. SE Health, and not Google, is solely responsible for the App. Google has no obligation or liability to you with respect to the App or these Terms.
- You acknowledge and agree that Google is a third-party beneficiary of these Terms.
12. Limitation of Liability and Warranty
THE APP (INCLUDING ITS CONTENT) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONALITY OR OPERATION OF THE APP WILL BE SECURE, UNINTERRUPTED OR FREE FROM ERROR; THAT ANY DEFECTS IN THE APP WILL BE CORRECTED, OR THAT THE APP OR ANY SERVER MAKING IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. BY USING THE APP ON YOUR MOBILE DEVICE, IT IS POSSIBLE THAT THE WARRANTIES COVERING YOUR MOBILE DEVICE ARE VOIDED, THAT YOUR MOBILE DEVICE MAY BE DAMAGED OR ITS SECURITY COMPROMISED, THAT DATA STORED IN YOUR MOBILE DEVICE MAY BE CORRUPTED, AND THAT YOUR PROPERTY MAY BE DAMAGED. YOU AGREE THAT YOUR USE OF OR INABILITY TO USE THE APP IS AT YOUR SOLE RISK.
SE HEALTH SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF THE APP. YOUR INABILITY TO USE THE APP OR THESE TERMS INCLUDING INTERRUPTIONS OF SERVICE OR DELAY IN OPERATION OR TRANSMISSION, AND/OR ARISING FROM THIRD PARTY ACCESS TO PERSONAL INFORMATION INPUT IN THE APP, EVEN IF WE HAVE EXPRESS KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LICENSORS TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT PAID BY YOU TO THE LICENSOR FOR THE APP.
13. Indemnification
You agree to indemnify and hold harmless SE Health and its officers, directors, employees, from and against any and all loss, liability, damage, cost, expense, charge, fine, penalty or assessment including, but not limited to, the costs and expenses of any claim, demand, action, cause of action, suit, arbitration, investigation, proceeding, complaint, settlement or compromise and all interest, punitive damages, fines,
penalties (including legal costs on a full indemnity basis) arising out of, or asserted in connection with contributions you submit, post or make available through the App, your use of the App, your violation of these Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another person.
14. Termination
These Terms are effective until terminated by you or SE Health. You can terminate your use of the App by simply deleting it from your mobile device. We may, at any time in our sole discretion, without any liability or notice to you, suspend or terminate for any length of time your access to the App in its entirety or any part thereof, including in the event of noncompliance with these Terms.
15. General Matters
These Terms constitute the entire agreement between you and SE Health regarding your use of the App, superseding any prior agreements between you and SE Health. These Terms and the relationship between you and SE Health shall be governed by the laws of the Province of Ontario (and the federal laws of Canada applicable therein) without regard to its conflict of law provisions. You and SE Health agree to submit to the non-exclusive jurisdiction of the courts located in Toronto, Ontario. You agree that no joint venture, partnership, employment or agency relationship exists between you and SE Health as a result of these Terms or your use of this App. The failure of SE Health to exercise or enforce any right or provision of these Terms of use shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You may not assign any of your rights and obligations under these Terms; SE Health may assign any of its rights or obligations under these Terms at any time without notice to you. These Terms will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.
16. Contact Us
If you have any questions or comments about these Terms, please contact:
SE Health
90 Allstate Pkwy, Markham, ON, L3R 6H3, Canada
odjj@sehc.com