Terms Of Use

Last update: November 26th, 2024

AppGuide Terms of Use

Welcome to AppGuide! These Terms of Use ("Terms") govern your access to and use of the AppGuide platform and associated tools, including AppGuide, AppGuide PRO, AppGuide Review, AppGuide Studio, and AppGuide for Developers (collectively, the "Platform"). By accessing or using the Platform, you agree to comply with these Terms and our Privacy Policy. If you do not agree with these Terms, please do not use the Platform.

1. Definitions and Interpretation

1.1 Services

The suite of tools and resources provided by TherAppX Inc. ("TherAppX"), including digital health tool libraries, assessment systems, compliance frameworks, and patient pathway design features.

1.2 Platform

The web-based environment and associated systems provided by TherAppX to enable use of its Services.

1.3 Access Key

A unique electronic token or login credentials enabling user access to the Services.

1.4 Documentation

Manuals, guides, policies, and any supporting materials related to the Services provided by TherAppX.

1.5 Software

All current and future software products developed by TherAppX, including their source code, programming code, databases, images, documentation, and any updates or modified versions.

1.6 Personal Information

Any information about an identifiable individual as defined by applicable federal or provincial privacy laws in Canada.

1.7 User

Any individual or organization accessing the Platform under a valid agreement with TherAppX.

1.8 Developer

Health software and application manufacturers.

2. Acceptance of Terms

By accessing or using the Platform, you acknowledge that:

You have read, understood, and agree to be bound by these Terms.
You have reviewed and accepted our Privacy Policy.
You will comply with all applicable laws and regulations when using the Platform.

If you do not agree to these Terms or have questions, please contact us at support@therappx.com before continuing.

3. Scope of Use

3.1 AppGuide / AppGuide PRO

Provides healthcare professionals with curated digital health tools for clinical decision-making.
Assists in identifying and recommending apps or resources to patients.
Offers health professionals the ability to review apps as part of research projects or agreements with healthcare apps.

3.2 AppGuide Review

Enables advanced filtering and analysis of digital health apps based on assessments and user reviews.
Facilitates comparison of apps for compliance, usability, and clinical relevance.

3.3 AppGuide Studio

Offers tools to create personalized patient care pathways.
Supports healthcare organizations in designing resource referral systems.

3.4 AppGuide Manager

Provides tools to create and manage user access across an organization.
Sets user roles and permissions.

3.5 AppGuide for Developers

Provides app developers with tools to:
- Share insights about their apps to inform Trust Reports and Trust Scores.
- Access compliance frameworks such as ISO 82304-2, HIPAA, and GDPR.
- Use licensed compliance tools for audits, evaluations, and roadmap creation.

Important: The Platform does not provide medical advice, diagnosis, or treatment and should not replace professional judgment or regulatory compliance in healthcare or app development.

4. Use of Services

4.1 Authorized Use

Users are granted a limited, non-transferable, and non-exclusive right to access and use the Services described in these Terms and any applicable agreements.
Users may use the Services solely for the purposes intended and in accordance with the Documentation.

4.2 Prohibited Actions

Users agree not to:

Use or permit the use of the Services for purposes other than those intended.
Share, distribute, publish, or resell the Services or any part thereof.
Modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software or any component of the Services.
Conduct automated tests, bulk downloads, or any form of data scraping without prior written authorization from TherAppX.
Engage in any activity that could disrupt, disable, overburden, or impair the functionality or security of the Platform.
Attempt to gain unauthorized access to any portion of the Platform or any other systems or networks connected to the Platform.

5. User Obligations

5.1 Technical Requirements

Users must have the necessary equipment, software, and internet access required to use the Platform.
Users are responsible for ensuring that their systems are compatible with the Platform and meet all technical specifications.

5.2 Compliance and Conduct

Users must comply with all applicable laws and regulations, including those related to privacy and data protection.
Users must obtain all necessary consents for sharing any Personal Information through the Platform.
Users are responsible for maintaining the confidentiality of their Access Key and account credentials.
Users must notify TherAppX immediately if they become aware of any unauthorized use of their account or any other security breach.

6. Security and Technical Protections

6.1 TherAppX Commitments

TherAppX employs industry-standard security measures to protect the integrity and confidentiality of data transmitted through the Platform.
Regular audits and updates are performed to maintain the security of the Platform.

6.2 User Acknowledgments

Users acknowledge that internet transmissions are never completely private or secure.
TherAppX is not responsible for any data intercepted during transmission over the internet.
Users must implement appropriate safeguards, such as using up-to-date internet browsers, antivirus software, and secure networks, when accessing the Services through the Platform.

7. Account Creation

Certain features of the Platform may require account creation. By creating an account, you agree to:

Provide accurate, current, and complete information.
Update your information as necessary to maintain its accuracy.
Maintain the security of your account by protecting your password and restricting access to your account.
Accept responsibility for all activities that occur under your account.
Consent to the collection, use, and disclosure of your Personal Information in accordance with the most recent version of our Privacy Policy.

You must be at least 14 years of age to create an account and use the Platform.

If TherAppX becomes aware that Personal Information from a child under 14 has been collected without parental consent, we will take steps to delete such information promptly.
Only individuals with parental authority over a person under the age of 14 may use the Platform to obtain information about that person.

8. Suspension and Termination of Access

8.1 Suspension Rights

TherAppX reserves the right to suspend or terminate your access to the Platform, without notice, if:

You violate any provision of these Terms.
Such action is necessary to comply with legal requirements or to protect the rights and safety of TherAppX or others.

8.2 Effect of Suspension

Upon suspension or termination, your right to access and use the Platform will cease immediately.
You must cease all use of the Services and destroy any copies of the Software or Documentation in your possession.

9. Intellectual Property Rights

9.1 Ownership

All intellectual property rights in and to the Platform, Services, Software, and Documentation are owned by TherAppX or its licensors and are protected by the Canadian Copyright Act and other national and international laws and treaties.
The content produced by TherAppX, including text, graphics, trademarks, logos, and other elements, are protected by copyright and trademark laws.

9.2 Permitted Use

You are granted a limited, non-transferable, non-exclusive license to access and use the Platform for your personal and internal business purposes, as well as for the benefit of your immediate family.
You may download, store, and print single copies of materials or content provided on the Platform for your own use, provided that you retain all copyright and other proprietary notices contained in the original content.

9.3 Restrictions

You may not copy, reproduce, modify, create derivative works from, distribute, publish, display, transmit, or sell any part of the Platform or Services without prior written consent from TherAppX.
You may not use any technology or techniques that allow you to modify, disassemble, decompile, reverse engineer, or attempt to extract the source code of the Software or any component of the Services.
Your rights to the Platform are limited and cannot be transferred or assigned to third parties without the prior written consent of TherAppX.

9.4 Third-Party Content and Trademarks

The Platform may include content aggregated from third-party sources. Such third-party content remains the property of its respective owners and is made available on the Platform for informational purposes only.
Applications listed on the Platform may also be found on the Google Play™ Store, the Apple App Store®, the Amazon AppStore®, and other platforms. All rights to these applications belong to their respective owners.
Android™ and Google Play™ are trademarks of Google Inc. App Store®, iTunes® are trademarks of Apple Inc. Amazon®, Amazon AppStore®, and Amazon Fire TV® are trademarks of Amazon Inc.
Any third-party trademarks, logos, or service marks displayed on the Platform are the property of their respective owners. Such display does not imply any affiliation with, endorsement by, or sponsorship of TherAppX.

10. AppGuide For Developers

Developers may provide information about their apps to enhance Trust Scores and compliance assessments.
Developers represent and warrant that all information provided is accurate, truthful, and up-to-date.

10.2 Compliance Tools

Developers may access compliance tools under the terms of a separate license agreement.
Unauthorized use, reproduction, or distribution of these tools is prohibited.

10.3 Collaboration

Developers agree to participate in evaluations and audits in good faith, adhering to communicated timelines and requirements.
Failure to comply may result in suspension or termination of access to the Platform.

10.4 Ownership & Responsibility of Content

By posting, uploading, or otherwise submitting any content to the Platform, you grant TherAppX a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content in any media.
You represent and warrant that you have all rights necessary to grant the licenses granted in this section and that your content does not infringe the rights of any third party.
You are solely responsible for any content you submit, and you agree not to submit content that is unlawful, offensive, or violates any laws or regulations.

10.5 Badges and Endorsements

TherAppX may, at its sole discretion, award badges or endorsements (collectively, "Badges") to Developers whose applications meet certain criteria established by TherAppX.
Developers awarded Badges are granted a limited, non-exclusive, non-transferable license to use and display the Badge solely in connection with the application for which it was awarded.
The Badge must be used in accordance with any branding and usage guidelines provided by TherAppX.
TherAppX reserves the right to revoke any Badge at any time, with or without cause, by providing notice to the Developer.

11. Disclaimers and Limitation of Liability

11.1 Accuracy of Information

TherAppX endeavors to ensure that the Platform is available and that the information contained therein is accurate and up-to-date. However, we do not guarantee the quality, accuracy, completeness, or reliability of any content available through the Platform.

11.2 No Warranties

The Platform and Services are provided on an "as is" and "as available" basis.
TherAppX disclaims all warranties and conditions, including any statutory or implied warranties or conditions of merchantability, fitness for a particular purpose, title, peaceful enjoyment, or non-infringement, to the fullest extent permitted by applicable law.

11.3 Limitation of Liability

To the maximum extent permitted by law, TherAppX shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill.
TherAppX's total liability for any claims arising out of or relating to these Terms or the use of the Platform shall not exceed the amount paid by you, if any, for accessing the Platform.

11.4 Professional Responsibility

The User acknowledges that the professional obligation to provide healthcare services to patients rests solely with the User.
The Platform is intended as a reference tool and does not replace professional judgment or standard practices.
TherAppX is not responsible for any clinical decisions, diagnoses, or treatments made using the Platform.

12. Product Availability and Maintenance

12.1 No Guarantee of Uninterrupted Service

TherAppX does not warrant that the Platform will operate without interruption or error, or that communications or transmissions will be free from errors or delays.
You acknowledge that the Platform may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications.

12.2 No Liability for Damages

TherAppX is not responsible for any damage to your computer system, loss of data, or any other loss or damage that results from your access to or use of the Platform, including the downloading of any materials, data, text, images, video, or audio from the Platform.
TherAppX is not liable for any errors, delays, interruptions, or omissions in the Platform or any part of it.

12.3 Maintenance and Updates

From time to time, TherAppX may perform scheduled maintenance or updates to the Platform. During such times, access to the Platform or certain features may be limited or unavailable.
TherAppX will make reasonable efforts to notify users in advance of any scheduled maintenance that may cause significant interruptions in service.

13. Privacy

TherAppX collects, uses, and discloses Personal Information in accordance with its Privacy Policy.
By using the Platform, you consent to the collection and use of information as outlined in the Privacy Policy.

14. Interaction with Third Parties

14.1 External Links

The Platform may contain links to third-party websites or resources. TherAppX is not responsible for the content, products, or services on or available from those websites or resources.

14.2 Third-Party Services

TherAppX utilizes third-party services to provide certain functionalities within the Platform. By using the Platform, you agree to comply with the terms of use of these third-party services.
The third-party services used by TherAppX include, but are not limited to:
- Google Analytics
- PostHog
- Amazon SES
- ActiveCampaign
- Twilio
- Chatwoot
- Algolia
- Google Play Store
- Apple App Store
- Google Cloud Platform
TherAppX is not liable for any issues arising from your use of third-party services.
Links to the terms of use for these third-party services can be found within our Privacy Policy or upon request by contacting support@therappx.com.

15. International Use

15.1 Intended Users

The Platform and the information provided therein are primarily intended for Users located in Canada. TherAppX makes no representation that the Platform or its content is appropriate or available for use in locations outside of Canada.

15.2 Compliance with Local Laws

Accessing the Platform from jurisdictions where its content is illegal or prohibited is expressly forbidden. If you choose to access the Platform from outside Canada, you do so on your own initiative and are solely responsible for compliance with local laws and regulations, including but not limited to export and import regulations.

15.3 Service Availability

Some or all of the Services may not be available in your jurisdiction outside of Canada. TherAppX reserves the right to limit the availability of the Platform or any portion thereof to any person, geographic area, or jurisdiction, at any time and in its sole discretion.

16. Modifications to the Terms

TherAppX may modify these Terms at any time.
Any changes will be effective immediately upon posting the updated Terms on the Platform.
Your continued use of the Platform after any such changes constitutes your acceptance of the new Terms.

17. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein.
Any disputes arising from these Terms shall be resolved in the courts located in the judicial district of Montreal, Quebec.

18. General Provisions

18.1 Entire Agreement

These Terms, along with the Privacy Policy, constitute the entire agreement between you and TherAppX regarding the use of the Platform.

18.2 Assignment

You may not assign or transfer your rights or obligations under these Terms without the prior written consent of TherAppX.
TherAppX may assign its rights and obligations without restriction.

18.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

18.4 Waiver

Failure by TherAppX to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

18.5 Force Majeure

TherAppX shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, or strikes.

19. Contact Information

For questions, comments, or concerns regarding these Terms or the Platform, please contact Nicolas Bertrand, Chief Product Officer:

Email: support@therappx.com
Mailing Address:
TherAppX Inc.
303-164, Cowie Street
Granby (QC) J2G 3V3
Canada

By using AppGuide, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and our Privacy Policy.