Terms of Use

Last updated: October 25, 2021

Please read these terms of use carefully. AppGuide is a product available on the web (hereinafter the “product”) which allows TherAppX customers (hereinafter the “Users” of the “Company”) to obtain information about Digital Health Tools (app).

Introduction

These Terms of Use govern the use of the Company’s Product. The Company may modify these terms of use at any time without notice. The current version of these Terms of Use will be available each time you access the Product. By using the Product, you agree to be bound by these terms of use. You also agree to comply with all applicable laws and regulations when using the Product and not violate their safety. You should not use the Product if you do not agree to these Terms of Use or the Privacy Policy, or if you do not understand what they mean or do not consent to the use of your data by the Company as described in the privacy policy. If you have any questions or concerns, you should contact the Company Manager at support@therappx.com.

Accuracy of information

The Company ensures that the Product is available and that the information contained therein is accurate and up to date. We do not, however, guarantee its quality or accuracy. The Product and its content are provided "as is" and "as available" without warranty or condition of any kind, explicit or implied. The Company 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-violation with respect to the product, to the fullest extent permitted by applicable law. The Company is not responsible for any errors, omissions, injuries, loss or damage resulting from the use (or misuse) of any information, statements or conclusions contained or implied in the information or publications published about the Product.

International use

The product information provided is first and foremost for Users in Canada. We can’t guarantee that the Product and the information it contained are applicable or appropriate for all Users outside of Canada. Access to the product from jurisdictions where the content is illegal is prohibited. If you choose to access the product from outside of Canada, you do so on your initiative, and you are responsible for compliance with local laws and regulations.

Product availability

The Company does not warrant that the Product will operate without interruption or error or that communications from the Product will never be completely free from errors. The Company is not responsible for your use of or inability to use the Product, damage to your computer or device, any loss of data that may result from downloading material, or any errors, delays, interruptions or omissions of information in our Product.

From time to time, Company personnel will perform maintenance operations on the Product. During this time, access to the Product, the information it contains, and its features may be limited.

Security

Any information sent or received over the Internet is generally not secure and can be intercepted, lost or modified. Although the Company has taken the necessary measures to reduce the risks of sending information to or from the Product (e.g. encryption by TLS/SSL protocol during transmissions), it cannot guarantee security for all communications. The Company assumes no responsibility or risk for using the Internet and/or recommendations perpetrated through the product.

Intellectual property

You cannot copy the Product, publish or send content to third parties without the Company’s prior permission. These rights are protected by the Canadian Copyright Act and by other national and international laws and agreements. You can use the product for your personal and business use, as well as that of your family. You have the right to download, store and print single copies of the items or material on the Product, provided that you retain all copyrights and other notices included in that content. You may not use any technology that allows you to modify the Product.

Your product rights have limits and cannot be transferred or assigned to third parties. Your access to the Product may be suspended or terminated if you violate the terms of use or if you attempt or assist someone who tries to reverse engineer the Product.

The content of the Product that has been produced by the Company, including text, graphics, trademarks, logos and other elements, are protected by copyright and trademark laws and are the property of the Company. Product content aggregated from third-party sources remains the property of its owner and is only available in the Product for information purposes.

To further clarify:

Applications listed on the Product can also be found on the Google Play™ Store, the Apple App Store®, the Amazon AppStore®, and all the rights 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 trademark and/or logo displayed on this website shall NOT be interpreted as any sponsorship, endorsement and/or affiliation with the Company.

Account creation

It is not necessary to create an account in order to use the Product. Still, some features may only be available to Users who own an account. When creating an account, the Users consents:

1. that its personal information is collected, used and disclosed in accordance with the most recent version of the privacy policy;
2. not to use the Product if they are under 14 years of age. Suppose the Company is notified or aware that the Platform has been used by a child aged under the age of 14 and that information about this child was retained without parental consent, the Company must and is authorized to delete, in its entirety, all information kept. Only the holder of parental authority over a person under the age of 14 can use the product to obtain information about that person;
3. to be responsible for the activities carried out on and with his profile. The Users’ responsibility is to maintain this account information’s confidentiality, including his password and the email address with which he connects to his profile. Users agree to write to support@therappx.com if their password should be lost, stolen, otherwise given to an unauthorized third party or compromised in any way;
4. that any content posted on the Product becomes the exclusive property of the Company;
5. that the product may include, at one time or another, some form of advertising that could be targeted to the content of certain parts of the product and/or to a Users' past and/or viewed views and/or include a professional service offered by various types of professionals, among others. The form, extent and content of the advertisement are subject to change without notice. Users also agree that we may receive some form of compensation by placing advertising on the product;
6. to be bound by the terms of use of Sentry, Heap Analytics, Google Analytics, Mailgun, Stripe, Mailchimp, Twillio, Google Play Store and Apple App Store.

Acceptable use of Product and termination of use

We reserve the right to delete your profile or to prevent you from using the Product temporarily or permanently in the event of non-compliance with these terms of use after notifying you. In such a case, the Company cannot be held responsible for the inconveniences and losses caused by the deletion of the profile or the inability to use it.

Limitation of liability

The Company, subject to applicable laws, cannot be held liable for damages of any kind, including, without limitation: direct, special, indirect, punitive, incidental or consequential damages, including, without limitation: loss and damage of the nature or related to lost business, lost savings, lost data or loss of income resulting from your use, addiction or inability to use the product for whatever cause and arising from a contract (including a fundamental breach), tort (including negligence), or otherwise. This applies even if the Company knew or should have known of the possibility of such damage.

Further, you agree to indemnify the Company against all claims, losses, judgments, damages, costs and expenses (including, without limitation, reasonable legal costs) incurred by them due to or resulting from your use of the product. You shall also indemnify and hold the Company harmless from any claims by third parties arising out of your use of the product.

Jurisdiction

Quebec’s laws govern these conditions of use and the product’s content. We will submit any dispute to a competent court in the province of Quebec. In the event that any particular provision of these Terms of Use is held to be invalid by a competent court, such invalidity will in no way affect the spirit or scope of these Terms of Use, all other provisions of which will remain by elsewhere enforceable.

If you have any comments or questions about these Terms of Use, please write to us at support@therappx.com.