Last updated: July 27, 2020
This is an agreement between the Neuro Solutions Group (“GNS”), the owner and operator of the website accessible at the address neurosolutionsgroup.com and the Kairos mobile app (the “App”) (together the “Services”) and you (“you”), a user of the Services (“User”).
The Services are only available to Users who can legally execute contracts, as provided by applicable laws. By using the Services, you represent and warrant that you have reached the legal age in your place of residence to execute a contract or that you have obtained prior consent from a parental authority to use the Services.
- USE OF THE SERVICES
- Access to the App. To access the App, you must have a mobile device and/or Internet access. The app can be downloaded for payment from the “Apple Store” and “Google Play Store” platforms. Purchasing the App through these platforms, as well as any potential refunds, shall be subject to the terms of said platforms and we recommend that you read them before purchasing the App. You agree that you are fully and completely responsible for ensuring that the mobile device you use has sufficient capabilities to launch and use the App according to the specifications listed on the platforms, as appropriate.
- App updates. You understand and accept that GNS may, from time to time and at its entire discretion, develop and provide updates to the App. These updates may include upgrades, bug fixes, corrections or other error fixes and/or new features (“Updates”). Updates may also modify or completely eliminate some features and functions of the app. You agree that GNS has no obligation to provide updates or to continue to provide you or activate specific characteristics or functionalities. Depending on the settings of your mobile device, when it is connected to the Internet:
- The App will automatically download and install all available updates; or
- You may receive a notification or be invited to download and install available updates.
You need to download and install all Updates when these are available. You agree that the App or some of its functions may not work if you do not update it. You also agree that all Updates are considered part of the App and are subject to all the terms and conditions of this document.
- Restrictions. You may not i) use the Services for purposes other than the Authorized Purposes, ii) copy, distribute or disclose all or part of the Services on any media, including through a tool or a web scraping technique, whether automated or not, iii) use an automated system, including indexing bots and offline readers, in order to access the Services, iv) transmit, through the services, spam, letters that are part of a chain or any other form of unsolicited emails, v) attempt to interfere with the servers of the Services, compromise the integrity or security of their system or decrypt a transmission to or from these, vi) take an action that, at the entire discretion of GNS, imposes or risks imposing an unreasonable or disproportionately heavy load on the infrastructure of the Services, vii) upload data, viruses, worms or other malicious software through the Services, viii) collect, extract or gather, from the Services, information that may be used to identify individuals, ix) usurp the identity of a person or otherwise make false representations regarding your affiliation to a person or entity, commit fraud, conceal or attempt to conceal their identity, x) interfere with the appropriate operation of the Services, xi) access any content from the Services through means or technologies other than those provided or authorized by the Services, xii) circumvent the measures that GNS may use in order to prevent or restrict access to the Services, including the features that prevent or restrict the usage or copying of the content of the Services or that impose limits to the way in which the content of the Services may be used, xiii) modify, disassemble, decompile, reverse engineer, adapt or create works derived from the Services, or xiv) otherwise use the Services in breach of any applicable law.
- YOUR ACCOUNT
- Account creation. Some features of the Services require the creation of a User Account. When you create a User Account, you agree to provide GNS with truthful and complete information about you, as required by the registration process, and to make the necessary updates so that it is accurate at all times. You also need to choose a unique and secure password. In the event of a breach of this paragraph4.1, GNS may terminate your right to use the Services, at its sole discretion.
- Responsibility for your account. You are completely responsible for ensuring and maintaining the confidentiality of your password. Furthermore, you are solely responsible for any activity that takes place from your account. You agree to notify GNS immediately of any unauthorized activity taking place in your account or any other security breach.
- Account security. GNS cannot guarantee that unauthorized third parties will never be able to circumvent the security measures of the Services or that they will not use the information stored in the Services that you have provided to GNS to identify you (“Personal Information”) in an unlawful manner. You acknowledge that you provide your Personal Information at your own risk.
- Use of other accounts. You are prohibited from using another person’s account at any time, except with permission from the account owner as an authorized agent.
- Account interruption. You may cancel or delete your account at any time, at your entire discretion and without warning, without liability towards GNS.
- INTELLECTUAL PROPERTY
- Trademarks. All trademarks (including words, expressions and logos) used by GNS to distinguish or that may be used to distinguish its own products or services from those of others belong to GNS. The trademarks belonging to GNS may not be used, reproduced or imitated, wholly or partially, without prior written authorization from GNS.
- Copyright. All original works reproduced or published on the Services are protected by copyright. The copyright holder for each work reserves all the rights pertaining thereto. You acknowledge that it is considered a violation for anyone to do, without consent from the copyright holder, any act that only the holder can do under applicable laws.
- Other rights. The Services or any part thereof may be protected by industrial designs or patents. GNS reserves all the rights over the Services that are not expressly granted. You agree to refrain from using, copying or distributing any content of the Services beyond the extent authorized.
- Feedback. GNS shall be free to use, benefit from, disclose, publish, keep secret or otherwise exploit any comments, suggestions or any other idea aimed at improving or modifying the Services or any other GNS product or service in any manner (“Feedback”), without compensation or attribution to the User or anyone behind such Feedback.
- Documentation. GNS shall provide documentation to the User from time to time, whether online or in any physical media whatsoever, describing the characteristics, features and use of the Services (the “Documentation”). The User understand and accepts that the Documentation may be copied and used only as necessary to support the use of the Services.
- USER CONTENT
- Content licence. By submitting profile information, information about you or your children’s routines, comments, text or any other content on the App or our Services (the “User Content”), you grant GNS a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully released and transferable licence to do anything that, according to applicable law, only the copyright holder would be authorized to do, in order to provide and improve the Services, whether for commercial or non-commercial purposes, subject to the GNS confidentiality policy.
- Netiquette. Each time you submit User Content, you agree to refrain from making any statements that may be considered, at the entire discretion of GNS, (i) abusive, defamatory, hateful, racist, xenophobic, homophobic or sexist (or use any discriminatory language), (ii) involving vulgar, obscene or malicious language, and (iii) disclosing personal information or confidential information about others.
- Responsibility for User Content. You hereby acknowledge and accept that you are solely responsible for any User Content you publish on the Services. Therefore, you represent and warrant that (i) you are either the only and exclusive owner of the User Content submitted to the Services or that you have all the rights, licences, authorizations, consents and releases to grant rights to GNS over such User Content and (ii) that neither the User Content or its publication or transmission or the use of User Content by GNS breach or will breach the rights of third parties, including intellectual property rights and image rights, or any law or regulation, whether Canadian or foreign.
- Confidential Information
- Definition. For the purposes of article 7, “Confidential Information” shall be understood as any important and unpublished information related to GNS (including any trade secrets), whether written or verbal and whether or not it is marked as confidential.
- Confidentiality obligation. The User is required to maintain the confidentiality of all the Confidential Information belonging to GNS that the latter discloses or makes available to it, directly or indirectly, by any means of communication or observation.
- Limited purposes. The User may not use the Confidential Information for purposes other than using the Services.
- Non‑disclosure. The User may not disclose the Confidential Information to a third party except to the extent that such disclosure:
- has previously been subject to written and signed consent from GNS; or
- is required by law.
- Notification The User must notify GNS promptly and in a timely manner if the user is legally required to disclose any Confidential Information or becomes aware of any unauthorized disclosure of Confidential Information.
- ELECTRONIC COMMUNICATIONS
When you provide your email address to GNS through the Services, you expressly agree that GNS may keep your email address in its database or that it may use this email address in its mailing lists in order to communicate with you to (i) conduct surveys or verifications about the Services, including their quality, user-friendliness and your opinion about them, (ii) share information and news about GNS with you, or (iii) for any other reason relating to the Services or the security of Users.
The Services may contain hyperlinks to external websites, which will take you away from the Services (the “External Websites”). You acknowledge and agree that GNS is not responsible for the availability of these External Websites or the accuracy of the Content, products or services available on such External Websites. Hyperlinks to External Websites do not imply any approval or endorsement of such External Websites by GNS. You acknowledge that you assume all the risks arising from your use of External Websites. By using the Services, you expressly agree to hold GNS harmless from any liability arising from your use of any External Websites.
- ABSENCE OF GUARANTEES
- Absence of guarantees for the Services. The Services are provided “as is”, with no guarantee. To the extent permitted by applicable laws, GNS disclaims any guarantee, express or implied, including guarantees relating to the non-infringement, accuracy, absence of errors or accuracy of the content. GNS may update the Services without prior notice to Users. While GNS does everything in its power to ensure that the information presented on the Services is complete and accurate, GNS cannot guarantee that such information is free from errors, omissions and inaccuracies.
- Absence of guarantee for the App. GNS does not guarantee the absence of bugs, inaccuracies, errors or other detrimental elements. The App depends on your mobile and internet connectivity to operate and on iOS and Android operating systems. GNS disclaims any liability for network downtime or problems related to the iOS and Android operating systems. No right to compensation is granted under this paragraph. GNS reserves the right to stop, without notice, without compensation and at its entire discretion, whether permanently or provisionally, providing all or part of the features of the App.
- LIMITATION OF LIABILITY
- Limitation of liability for the Services. You acknowledge and agree that you assume any risks arising from your access or use of the Services, whether such use is lawful or unlawful. To the fullest extent permitted by applicable law, GNS, its affiliates, administrators, employees, agents, licensees or successors and assigns may in no circumstances be held liable for damages of any nature, including, in particular, usage loss, profit loss or data loss, whether in contractual proceedings or a civil offence or otherwise, directly or indirectly arising from the use or the provision of the Services, including any damages caused by or resulting from a User’s reliance on any information obtained through the Services or resulting from an error, omission, interruption, file or email deletion, defects, viruses, delays in operation or transmission or any failure in execution.
- Limitation of liability for the App. GNS undertakes to implement all the necessary means to ensure access to the App in the best possible manner. You are solely responsible for your login credentials. You agree to keep them confidential and refrain from transmitting them to third parties. In general, you agree and acknowledge that your use of the App, including the information you disseminate, is under your sole and entire responsibility. GNS may not be held liable or be required to compensate you for direct or indirect damages arising from the App being unavailable. GNS may not be held liable in this regard for any damages resulting from the loss, alteration or fraudulent use of data, accidental transmission of viruses or other malicious elements or the attitude and behaviour of a third party. It shall incur no liability for (i) the inability to access the App, (ii) misuse of the App, (iii) saturation of the Internet connection, (iv) potential malfunctions of the mobile devices used by you, (v) in the case of force majeure or an event beyond its control.
- Termination by GNS. GNS may terminate or suspend your access or use of the Services immediately, without warning and without incurring liability, for any reason whatsoever, including a breach of this agreement.
- Effects of termination. From the moment that your access or right to use the Services is terminated, your right to use or access the Services shall cease immediately.
- Survival of the provisions. The provisions of this agreement that, by their very nature, must survive the termination of this agreement, shall survive such termination, including provisions relating to intellectual property, the absence of guarantees and compensation. The termination of your access and use of the Services shall not relieve you from the obligations prior to termination and shall not limit your liability towards GNS or a third party.
- Complaint procedure. For any dispute arising from or relating to this agreement, you agree to contact GNS first to attempt to solve the dispute informally. If GNS has not been able to solve the dispute with you informally, each party agrees to settle the dispute by resorting to mediation first, in accordance with the provisions of articles 605 et seq. of the Quebec Code of Civil Procedure, unless mediation (i) is not initiated at the initiative of a party within ten (10) days following the end of the period specified in a notice of default sent by one party to the other, or (ii) does not end in an amicable agreement after twenty (20) days following the start of mediation and, then, if mediation has not resulted in an amicable agreement, by mandatory arbitration, in the city of Quebec (Canada), unless you and GNS agree otherwise, in accordance with the provisions of articles 620 et seq. of the Quebec Code of Civil Procedure, except in the circumstances for which applicable laws prohibit referral to arbitration or restrict a consumer’s right to appear in court.
- Class action. Unless the circumstances for which applicable laws prohibit restrictions to the right of a party to file a class action, all claims must be brought by the parties in their own names, and not as plaintiffs or members of a class action, in any instance, by representation or in a class action and, unless the parties decide otherwise, an arbitrator may not combine the claims of more than one person.
- Injunction. Nothing in this section shall prevent the parties from obtaining provisional measures or a safeguard order, such as an injunction or any other measure deemed equitable, from a competent court, before or during arbitration proceedings.
- APPLICABLE LAW
This agreement shall be governed and interpreted in accordance with the laws in force in the province of Quebec, regardless of the rules applicable in the event of a conflict of laws. Your conduct may also be subject to other local, national or state laws.
- Modification. GNS reserves the right to modify this document at any time and for any reason. GNS shall publish the most recent version of this document at [ADDRESS]. You are responsible for complying with the updates to this document. Your continued use of the Services following the publication of the amended version of this document shall be interpreted as your full acceptance thereof.
- Nullity or unenforceability. Even if one or more provisions of this agreement or the Personal Information Protection Policy are declared null or unenforceable by an applicable court, such nullity or unenforceability shall not affect the validity or enforceability of the remaining provisions of this agreement or the Personal Information Protection Policy; this agreement or the Personal Information Protection Policy shall then be interpreted as though the nullified or unenforceable provision had never been part of this agreement or of the Confidentiality Policy.
- CONTACT US
- GNS appreciates your feedback and questions, which can be sent to firstname.lastname@example.org