Terms and Conditions

Acceptance of the Terms and Conditions

These terms and conditions (these “Terms and Conditions”) for the “App 4 Independence” application and any associated website (collectively, the “App”), constitute a legal agreement and are entered into by and between you and A4i Inc. (“Company,” “we,” “us,” “our“). These Terms and Conditions govern your access to and use, including any content, functionality, and services offered on or through the App. These Terms and Conditions also apply to the portal we make available to your clinic and/or case manager in respect of the App and your use of the App (the “A4i Portal”).

BY USING THE APP OR BY CLICKING TO ACCEPT THE TERMS AND CONDITIONS, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY (AS DEFINED HEREIN), INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE APP.

No Medical Advice

While our hope is to assist you in improving your mental well-being, we aren’t perfect, (nobody is) and neither is our hardware or software. We sincerely hope that the App can bring you some kind of benefit, but it is important to remember that the App and any content you encounter while using it should not be considered a substitute for medical advice, treatments or therapy of any kind – always consult a medical professional or therapist if you’re not feeling well.

We are not a healthcare or medical device provider and the App is not intended to diagnose, treat, cure, or prevent any disease or injury. Additionally, any content on the App or any notification you receive by or through the App should not be construed in any circumstance as constituting medical advice or relied upon in lieu of medical advice or treatment. In all cases, you should go to a hospital, summon an ambulance, speak to a therapist or seek any other medical treatment necessary in the circumstances to address any of your physical or mental healthcare needs. Do not, in any event or in any way, rely on the App for your physical or mental wellbeing or your personal safety, and by using the App you agree that you will not do so. If you rely on the App or any notification you receive from or through the App for any reason, medical or otherwise, you do so entirely at your own risk.

We make no claims, representations or guarantees that the App or any content on the App will provide a therapeutic benefit of any kind or that any reminders, notifications or messages sent using the App will be sent or received on time or at all. Any health information and links on the App, whether provided by us or by contract from outside providers, is provided simply for your convenience, and we make no representation as to the accuracy, completeness or suitability of any of the foregoing. Neither we, nor our parent corporation(s), affiliates, officers, directors, employees, suppliers and / or subcontractors will be held responsible for your use of the App or any reliance you place on any content from the App including, without limitation: (a) any missed reminders, events or medications; or (b) repercussions or consequences, medical, health-related or otherwise, of missed reminders, events or medications relating to your use of the App, including, without limitation, situations in which the App send you a notification relating to any of the foregoing or fails to do so for any reason whatsoever.

You acknowledge and agree that each reminder or message sent using the App is your sole responsibility. This means that you, not us, are entirely responsible for setting up the reminders, notifications or messages using the App that you require and you are solely responsible for ensuring you take any medication you require. You, and not the Company, are responsible for your well-being.

Terms and Conditions

These Terms and Conditions (and any modifications to it) represent the entire agreement between you and us with respect to the App and is different than and completely separate from your agreement with your telephone, wireless or internet service providers and from any and all agreements that we may have with our service providers to which you are not a party.

We may change, add to or delete any portion of these Terms and Conditions in our discretion at any time and from time to time. Any amendments will be effective when posted on the App and your continued use of the App after amendments are posted will be considered acceptance of any amendment. You agree to periodically review the Terms and Conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.

The information and material on the App may be changed, withdrawn, disabled or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the App is restricted to users or unavailable at any time or for any period.

The App
The goal of the App is to provide a mobile technology specifically for people with schizophrenia that might assist with coping efforts, reduce social isolation, and promote connections with community resources including the following features (although the Company makes no guarantee whatsoever that the following features will be provided or will be provided in the future):

  • The App allows you to receive content on the feed page that is based on four areas: social activation, living with schizophrenia, stress and anxiety, and motivation and cognitive support. The type of content you receive is based on questions you complete during registration.
  • You will also receive content shared by others using the App and be able to share content in return. By using the App you acknowledge and agree that neither we, your case/clinic workers, nor any other person actively monitors the feed page or the content uploaded by you and others to the feed page.
  • The App will allow you to schedule medication, social and event reminders. You will be able to set the day, time and frequency for these reminders. Push notifications will be sent to your mobile device if in-App notifications are missed. Data will be collected for your scheduled reminders, such as whether you took your medication or snoozed it.
  • The App allows you to keep notes to share with your doctor at your next appointment. By using the App you acknowledge and agree that neither we, your case/clinic worker, nor any other person actively monitors the notes that you record within the App. Always consult a medical professional or therapist if you are not feeling well.
  • The App also has a sound detector to help you with auditory hallucinations; you are able to use this feature to help you determine if you are having a hallucination. However, the sound detection is not perfect and should not be relied upon to be accurate in all circumstances. If you feel you are having a hallucination even if the App indicates to you that no hallucination is taking place, seek medical attention immediately.
  • To track your progress and data inputs into the App, a report page is available to be viewed by yourself and case workers. By using the App you acknowledge and agree that anyone with access to the A4i Portal, including without limitation, your case/clinic workers, will be able to view your data inputs into the App for the purpose of monitoring your progress.


The foregoing is a non-exhaustive list of features available on the App. We reserve the right to remove, alter and supplement the App’s features from time to time without notice or liability of any kind.

BY USING THE APP, YOU EXPLICITLY CONSENT TO THE COLLECTION OF CERTAIN PERSONAL INFORMATION, IN ACCORDANCE WITH AND AS MORE PARTICULARLY SET OUT IN THE PRIVACY POLICY (DEFINED BELOW), FOR THE PURPOSE OF PROVIDING THE FOREGOING AND ANY FUTURE FUNCTIONALITY OF THE APP AND FOR ANY OTHER PURPOSE IDENTIFIED IN THE PRIVACY POLICY.

Registration & Use of the App

In order to apply to use the App, your case worker will be required to enter certain information and take certain steps as set out in the registration pages of the A4i Portal.

If we accept your application for registration, we will provide you or your case worker with a code that will allow you to access and use the App. We reserve the right to reject any application for registration for the App in our sole discretion without explanation, notice or liability of any kind.

By submitting any application for registration in respect of the App, you warrant that the information provided by you in the registration process is correct, accurate, current and complete. If any information you provide is in breach of the foregoing warranty, or if we have reasonable grounds to believe that it is, we may terminate or suspend your current or future use of the App.

If your registration for App is accepted by us, then you may access and use the App.

The transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the App. Any transmission of personal information is at your own risk.

You will not be charged by us for receiving messages or notifications; however, please note that your text messaging, wireless, and/or mobile phone service provider may charge a per message fee or data charges for receiving messages or notifications through the App.

We are not responsible for circumvention of any privacy settings or security measures contained on the App.

Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account in public so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to the App or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.

Intellectual Property Rights and Ownership

You understand and agree that the App and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

The Company name, any Company trademarks or logos and all related names, logos, product and service names, designs, images and slogans are trademarks of the Company or its affiliates or licensors. You shall not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images and slogans mentioned, or which appear on this App are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

You may only use the App for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, reverse engineer, decompile or transmit any of the material on our App, in any form or medium whatsoever except that your computer or mobile phone and browser may temporarily store or cache copies of materials being accessed and viewed.

You are not permitted to modify copies of any materials from this App nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the App. You shall not access or use for any commercial purposes any part of the App or any services or materials available through the App.

If you print off, copy or download any part of the App in breach of these Terms and Conditions, your right to use the App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the App or to any content on the App, and all rights not expressly granted are reserved by the Company. Any use of the App not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

Conditions of Use and User Submissions

As a condition of your access and use, you agree that you may use the App only for lawful purposes and in accordance with these Terms and Conditions.

The following content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, “submit“) to the App, to other users or other persons (collectively, “User Submissions“). Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws, regulations and terms of service.

Without limiting the foregoing, you warrant and agree that your use of the App and any User Submissions shall not:

  • In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy.
  • In any manner violate the terms of use of any third-party website that is linked to the App, including but not limited to, any third-party social media website.
  • Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Company’s sole discretion.
  • Involve stalking, attempting to exploit or harm (including emotionally harm) any individual in any way whether by exposing them to inappropriate content or otherwise or ask for personal information whether or not prohibited under applicable laws, regulations or code.
  • Involve, provide or contribute any false, inaccurate or misleading information.
  • Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).
  • Transmit, or procure the sending of, any advertisements or promotions, sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
  • Encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the App, or which, as determined by us, may harm the Company or users of the App or expose them to liability.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.
 

Without restricting the generality of the foregoing in any way, by using the App you further agree that you will not attempt to circumvent or violate the security of the App in any way, including, without limitation, by:

  • accessing content and data that is not intended for you;
  • attempting to breach or breaching the security and/or authentication measures of the App;
  • restricting, disrupting or disabling service to users, hosts, servers or networks;
  • illicitly reproducing TCP/IP packet header;
  • disrupting network services and otherwise disrupting our ability to monitor the App;
  • using any robot, spider, or other automatic device, process, or means to access the App for any purpose, including monitoring or copying any of the material on the App;
  • introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
  • attacking the App via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; or
  • otherwise attempting to interfere with the proper working of the App.
 

Monitoring the App

By using the App, you acknowledge that we have no obligation to monitor (i) the feed page and content uploaded thereto by you or any other person, (ii) the notes that you enter into the App (and you acknowledge that no other person has an obligation to monitor those notes) or (iii) messages sent through the App. However, you agree that we have the right to access and monitor the notes, the messages, and any other content, data, or information submitted by you to the App from time to time (“Submitted Content”) and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the App properly, or to protect ourselves or our users.

Privacy

By using the App, you acknowledge that you have read and understand the terms of the A4i Inc. Privacy Practices and that you agree to the terms of the A4i Inc. Privacy Policy (as it may be amended, supplemented, replaced or otherwise modified from time to time, collectively, the “Privacy Policy”) found under the “About Us” section of the App. The Privacy Policy is incorporated by reference into these Terms and Conditions. By submitting your personal information to us, including by submitting your personal information to your case worker for the purpose of submitting an application to use the App, you consent to the collection, use, reproduction, hosting, transmission and disclosure of your personal information in compliance with the Privacy Policy.

Indemnity and Liability

You agree to indemnify and hold us, our parent companies, affiliates, and their respective successors, officers, employees, directors, shareholders, contractors, advisors, suppliers, licensors, licensees or other representatives (collectively, the “Representatives”) harmless from and against any and all claims, demands, actions, losses, damages, fines, penalties, costs (including legal costs) and other liabilities of any kind whatsoever, incurred by the Representatives, directly or indirectly, as a result of or in connection with your use of the App.

YOU ACKNOWLEDGE AND AGREE THAT WE PROVIDE THE APP AND ACCESS TO THE APP ON AN “AS IS” AND AN “AS AVAILABLE” BASIS, THAT YOUR USE OF THE APP IS AT YOUR OWN RISK, AND THAT WE MAKE NO REPRESENTATIONS, WARRANTIES OR COVENANTS WHATSOEVER WITH RESPECT THERETO.

THE APP IS AN AID WHICH RELIES ON TELEPHONE, WIRELESS NOTIFICATIONS, OR INTERNET TRANSMISSIONS THAT CAN BE INTERMITTENTLY BLOCKED, INTERRUPTED, DISRUPTED OR CORRUPTED. AS A RESULT, THERE MAY BE AND WE WILL NOT BE LIABLE FOR ANY DELAYS, OMISSIONS, INACCURACIES AND/OR FAILURES TO DELIVER THE NOTIFICATION TRANSMISSIONS OR ANY CONTENT AND YOU SHOULD NOT RELY ON THE APP FOR ANY REASON.

FOR GREATER CERTAINTY, WE DO NOT GUARANTEE THAT THE APP WILL BE AVAILABLE, RUN ERROR-FREE OR UNINTERRUPTED, THAT WE WILL CORRECT ANY ERRORS OR DEFICIENCIES RELATED THERETO OR THAT ANY MESSAGES SENT BY YOU WILL ARRIVE AT THEIR INTENDED DESTINATION ON TIME.

WE, OUR REPRESENTATIVES, OUR SUPPLIERS, AND SUBCONTRACTORS SPECIFICALLY DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL REPRESENTATIONS, WARRANTIES AND COVENANTS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APP INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, SCALABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS REPRESENTATIVES BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE APP, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.

IF WE SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY CLAIM, OUR MAXIMUM LIABILITY WILL IN NO EVENT EXCEED THE AGGREGATE OF CAD$100.

YOU ACKNOWLEDGE AND AGREE THAT THE LIMITS OF LIABILITY SPECIFIED IN THESE TERMS AND CONDITIONS WERE AN ESSENTIAL ELEMENT IN SETTING CONSIDERATION UNDER THESE TERMS AND CONDITIONS. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL AND CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Termination

We reserve the right to disable or terminate your access to the App or any portion of it, including your account, any username, password, or other identifier, whether chosen by you or provided by us, at our sole discretion for any reason whatsoever, without liability, immediately upon the earlier of: (a) a notification being sent to your telephone or wireless device; or (b) notice being sent to the email address that you have submitted to us. We reserve the right to disable, terminate or alter the functionality of the App at any time in our sole discretion.

General

  • These Terms and Conditions supersede any other contemporaneous or prior promises, representations, descriptions or communications regarding the App.
  • These Terms and Conditions may only be modified by the Company.
  • Our failure to enforce any provision of these Terms and Conditions shall not be construed as a waiver of such provision.
  • These Terms and Conditions shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein without regard to any conflict of law provisions.
  • Any action or proceeding arising out of or relating to App and under these Terms and Conditions will be instituted in the courts of the province of Ontario including the Federal Court of Canada to the extent the same has jurisdiction, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
  • All content of these Terms and Conditions under the headings “Intellectual Property Rights and Ownership”, “Conditions of Use and User Submissions”, “Privacy”, “Indemnity and Liability” and “Termination” or which by its very nature ought to survive termination shall survive termination of these Terms and Conditions.
  • If any provision of these Terms and Conditions is held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
  • These Terms and Conditions shall bind and enure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives and assigns. You may not assign your rights or obligations hereunder without our prior written consent. We may assign our rights or obligations hereunder without your consent.

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