Aifred Health

TERMS AND CONDITIONS

BE AWARE: THE APPLICATION, “AIFRED-LITE” (THE “ APPLICATION ”), OWNED BY AIFRED HEALTH INC. (“ AIFRED ”) DOES NOT PROVIDE MEDICAL ADVICE OR ANY CLINICAL SUGGESTIONS OR RECOMMENDATIONS TO ANY TYPES OF USERS. THE APPLICATION SHOULD NOT BE USED AS THE PRIMARY WAY OF STORING OR COMMUNICATING CLINICAL INFORMATION.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE APPLICATION.

When you sign-up for an account with the Application, you are required to check the “I accept” checkbox at the bottom of this page to signify that you agree to the following Terms and Conditions.

If you do not agree to all of these Terms and Conditions, please press “ I Do Not Accept ” and do not use the Application.

  1. general TERMS OF USE

    1. Types of Users and Definitions

The Application is meant to be used by three types of users (each, a “ User ” and collectively, the “ Users”):

      1. Patients”, who are people who suffer from a mental health condition.

      2. Family and Friends ”, who are a patient’s family members, friends, or loved ones.

      3. Clinicians”, who are health care providers, like doctors, therapists, nurses, counsellors, etc.

References to “ You ” and “ Your ” refer to the User using the Application. References to “ Us ”, “ We” or “ Our ” refer to Aifred.

    1. Intended Uses and Appropriate Conduct

The Application is intended to be used by Patients who are receiving active treatment by a Clinician. Patients should always inform all their Clinicians that they are using the Application and ask their Clinicians to use the Application as well and link their accounts (as described below). It is not useful or recommended that a Patient use the Application if they do not have at least one of their Clinicians linked to them on the Application .

With regard to any Scales (see point I.4(b) below) that a Patient may complete using the Application, these Scales should only be used if the Patient’s Clinician has asked them to do so. Furthermore, the results of these Scales should only be interpreted by a qualified Clinician.

Patients, Family and Friends should always seek the advice of qualified health care professionals for any questions or concerns they may have regarding any medical or mental health issues. They should never disregard professional medical advice or delay in seeking it because of something they have read or seen on the Application.

Clinicians must always exercise their own clinical judgment when offering advice or interventions to Patients or Family and Friends. Any information contained in the Application and/or Aifred’s other digital information systems (including websites, other applications, servers or other digital platforms) (collectively, with the Application, “ Aifred Systems ”) is not intended or recommended as a substitute for professional medical advice.

THE APPLICATION SHOULD NOT BE USED AS THE PRIMARY WAY OF STORING OR COMMUNICATING CLINICAL INFORMATION BY USERS.

Clinicians should not use the Application as a type of medical record for recording a Patient’s clinical information. Clinicians are responsible for maintaining their own medical records for their Patients in a location that is separate from the Application. Any information about a Patient that may be found within the Application that a Clinician judges is of clinical importance should be copied by the Clinician and placed into the Clinician’s own medical record for that Patient.

The Application should never be used as the main or only way to transmit information between Patients, Family and Friends, and Clinicians.

In urgent or emergency situation, Patients, Family and Friends, and Clinicians should use other standard means of communication to reach each other or send information, such as in person, by phone, or by calling local emergency medical services.

    1. User Responsibilities

You are responsible for your log-in credentials and for keeping your information confidential and accurate . You are responsible for any activity resulting from the use of your log-in credentials on the Application. Your account is personal to you, and you may not share your log-in information with, or allow access to your account by, any third party.

As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to, or use of, the Application and to preserve the confidentiality of your username and password, and any device that you use to access the Application.

You need a supported web browser to access the Application. You acknowledge and agree that Aifred may cease to support a given web browser or operating system, and that your continuous use of the Application will require you to download a supported web browser or operating system. You also acknowledge and agree that the performance of the Application is incumbent on the performance of your computer equipment and your internet connection.

As a condition to your use of the Aifred Systems, you agree not to:

      1. impersonate or misrepresent your affiliation with any person or entity;

      2. access, tamper with, or use any non-public areas of the Aifred Systems;

      3. attempt to probe, scan, or test the vulnerability of the Aifred Systems or any related system or network or breach any security or authentication measures used in connection with the Aifred Systems;

      4. attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Aifred Systems;

      5. harm or threaten to harm other Users in any way or interfere with, or attempt to interfere with, the access of any User’s account, host or network, including without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Aifred Systems;

      6. provide payment information belonging to a third party;

      7. use the Aifred Systems in an abusive way contrary to its intended use, to its documentation or to any of Aifred’s reasonable instructions;

      8. systematically retrieve data or other content from the Aifred Systems to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;

      9. infringe third party intellectual property rights when using or accessing the Aifred Systems.

Aifred will have the right to investigate and prosecute violations of any of the above, including without limitation possible infringement of any intellectual property rights and possible security breaches, to the fullest extent of the law. Aifred may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms and Conditions. You acknowledge that, although Aifred has no obligation to monitor your access to or use of the Aifred Systems, it has the right to do so for the purpose of operating the Aifred Systems, to ensure your compliance these Terms and Conditions, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.

    1. Application Functionalities

      1. Symptom log

The Application allows Patients keep a daily log of their symptoms and health issues (we call this a “ Patient Daily Check-In ”), to let their Family and Friends record their observations of how the Patient is doing (we call this a “ Family and Friends Daily Check-In ”), and to share this information with the Patient’s Clinicians.

      1. Scales

In addition to the Patient Daily Check-In and the Family and Friends Daily Check-Ins described above, Patients can also complete “ Scales ,” which are standardized questionnaires used in the field of psychiatry and psychology. These Scales should only be completed by a Patient if they were asked to do so by a Clinician .

      1. Linking accounts

Users in the Application become linked to each other within a “ Circle of Care .” The centre of the Circle of Care is the Patient. When a Patient links his/her account to a Clinician or Family and Friends, these other users join this Patient’s Circle of Care. All Family and Friends and Clinicians within a Circle of Care become linked to each other automatically by virtue of being linked to the same Patient.

Patients cannot link to each other in the Application, so an individual Patient can only be linked to his/her Clinicians or Family and Friends. On the other hand, Clinicians and Family and Friends can be linked to multiple patients, and by extension, can be part of multiple Circles of Care.

When linked to each other, Users can see each other’s profiles, which contain some personal information, including : phone numbers, address, profession, and a self-photo.

Regarding Patients’ profiles, this personal information can also include:

        1. their healthcare number and pharmacy contact information,

        2. information gathered from the Patient Daily Check-Ins,

        3. information from any Family and Friends Daily Check-Ins that Family and Friends users have added, and

        4. information from any Scales a Patient has completed.

All of this information will be visible to other Users in the Patient’s Circle of Care. Note: it is not possible for any Users on the Application to allow for only certain parts of their Personal Information - or, in the case of Patients, also their Patient Daily Check-In and Family and Friends Daily Check-In data - to be shared with other Users .

A Patient’s Personal Information on the Application can also be modified by the Users in the Patient’s Circle of Care, by adding, editing or deleting existing data.

      1. Unlinking accounts

If a Patient unlinks his/her Clinician or Family and Friends contacts, then these unlinked contacts will be removed from the Patient’s Circle of Care and will become unlinked automatically from all other Users within that Circle of Care. Likewise, if a Clinician or Family and Friends User unlinks from a Patient, then this User also becomes unlinked from the Patient’s Circle of Care.

A Clinician or Family and Friends User cannot unlink from another Clinician or Family and Friends User within a Circle of Care while still remaining linked to the other Users in that Circle of Care; they must leave the applicable Patient’s Circle of Care completely in order to unlink from a specific user.

      1. Messaging

The Application allows linked Users to send private, one-on-one messages to each other. Any information contained within the messages sent between one User and another remains private and is not shared with any other Users.

Once two Users become unlinked, any messages that they may have shared with each other previously will become lost and irretrievable for both of these Users . If these two Users decide to become linked once again in the Application, Aifred does not guarantee that these Users will be able to see such messages again.

      1. Appointment scheduling

The Application allows Clinicians to offer appointment times to Patients or Family and Friends Users, and for Users to accept, decline or request changes to their appointments. These appointments do not actually become included or synchronized into any actual calendars, either in the Application or elsewhere. Rather, the Application simply offers the ability for two users to agree on an appointment time.

      1. Notifications and reminders

Various types of notifications and reminders are offered by the Application. This includes notifications to Users about new messages that they have received, notifications to Clinicians about updates to a Patient’s Daily Check-In data, and reminders to Patient to fill out their Patient Daily Check-In. Notifications and reminders are sometimes sent by email, or SMS, or as prompts within the Application.

Clinicians can set their “ Notification Hours ,” meaning the times during which the Application will send them new notifications. Outside of their Notification Hours, Clinicians will not receive any notifications at all , and so will not be aware of new messages or new Patient Daily Check-In data. However, even outside of these Notification Hours, Clinicians can still use the app, and will be able to see their latest messages or Patients’ Daily Check-In data, if they choose.

      1. Technical support

If you have any questions about how to use the Application or in case of technical problems concerning the use of the Application, please contact support@aifredhealth.com . Aifred normally responds to questions and technical support requests within 7 working days.

    1. Application Limitations

The Application does not provide medical advice or any clinical suggestions or recommendations to any Users.

The Application does not recommend or endorse any specific tests, Clinicians, products, procedures, opinions, or other information that may be mentioned in the Application.

    1. Intellectual Property of Aifred

All right, title, and interest in and to the Aifred Systems are and will remain the exclusive property of Aifred and its licensors. The Aifred Systems are protected by copyright, trademark, and other domestic and foreign laws concerning intellectual property. Except as expressly permitted by these Terms and Conditions, you may not reproduce, modify, or create derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, use data mining, robots, or similar data gathering and extraction tools, or otherwise use or commercially exploit the Aifred Systems.

The Aifred Systems and their content may only be accessed by Patients and Family and Friends for personal use, and by Clinicians for professional use.

Modification of any Aifred Systems or use of any Aifred Systems for any other purpose not permitted by these Terms and Conditions is a violation of these Terms and Conditions.

All trademarks, service marks, and trade names (collectively, the “ Marks ”) are proprietary to Aifred.

In no event shall the user frame any portion of the Application or any content contained therein.

    1. License to User

Aifred grants you a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Application for use in accordance with these Terms and Conditions. Accordingly, you may download one copy of the Application on a single computer or device for use in accordance with these Terms and Conditions, provided you keep intact all copyright and other proprietary notices.

    1. Termination

Aifred may suspend or terminate your account and your use of the Application, at any time and without notice or liability to you, if you are not complying with these Terms and Conditions, or use the Application in a manner that would cause Aifred to incur any liability, disrupt the Application or disrupt others' use of any Aifred Systems.

Aifred reserves the right to temporarily or permanently discontinue the Application or delete parts or all of the information that is stored on the Aifred Systems, at any time. In such case, Aifred will deploy commercially reasonable efforts to notify you of such discontinuation or deletion in advance. Aifred expressly disclaims any liability for any problems or inconveniences that this may cause to Users.

You may cancel your account at any time through the Application.

Aifred reserves the right to terminate and delete your account, without any liability or notice to you, if you haven't accessed the Application for 12 consecutive months.

  1. PRIVACY POLICY

Aifred believes that protecting your privacy is important, so the Application is designed to minimize the collection and use of data and provide transparency and control over your personal information. We encourage you to read the privacy policy set forth in this Section II (the “ Privacy Policy ”) thoroughly.

Keeping your personal information safe and increasing transparency is important to us. We are committed to upholding the highest standards of data protection and we thank you for placing your trust in us.

Aifred may be the controller or processor of your personal information provided to us by you or collected by us from you during your use of the Application, as outlined below. If you use the Application, you consent to the collection, use, disclosure and processing of your personal information in accordance with this Privacy Policy. You have the choice to opt-out of sharing your data, as described below, and control how we collect, use, disclose and process your data.

In matters pertaining to Canadian and European laws for the protection of privacy, our Privacy Officer is David Benrimoh.

If you have any questions about this Privacy Policy or our privacy practices, please contact us at privacy@aifredhealth.com.

    1. Types of Information Collected

Aifred collects two types of information about you through the Application:

      1. Personally Identifiable Data ” is any type of information that could be used to identify you personally. This includes, but is not limited to, your full name (first and last name), email address, street address, telephone number, date of birth and photo.

      2. Deidentified Data ” is any information that cannot be used to identify you personally and that is kept separate from Personally Identifiable Data. This includes, but is not limited to, your age, gender, occupation, city or country of residence, hospital number, health insurance number, pharmacy contact information, and health information including but not limited to measures and reports of your symptoms and treatments.

We do not require you to include sensitive information (e.g. racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union memberships, genetic data, biometric data, or data concerning sexual orientation). In the event that you provide such sensitive information as listed above, you acknowledge that you have provided us explicit consent to collect, use, disclose and process such information in accordance with these Terms and Conditions.

    1. When We Collect Information

We may collect Personally Identifiable Data and Deidentified Data from you at several different points, including but not limited to the following:

      1. when we correspond with you as a User or prospective User;

      2. when you download the Application;

      3. when you register as an end-user of the Application and an account is created for you;

      4. when you use the Application in the ways described in these Terms and Conditions;

      5. when you provide us with information, such as survey information;

      6. when you contact us for help; and

      7. when the Application sends us error reports or application analytics data.

    1. Lawful Basis for Processing

We will only collect and process your Personally Identifiable Data where we have a lawful basis. Our lawful basis includes consent (where you have given it), where processing is necessary for the performance of a contract with you, and for the purposes of our legitimate interests or the legitimate interests of our third parties, provided that such interest does not outweigh your rights and freedoms. Examples of legitimate interest include but are not limited to: (i) complying with applicable law, (ii) protecting against security or other threats, (iii) administration of our business interests, including improvements and enhancements of our business, and (iv) customer relationship issues.

    1. Retention

We may retain the Personally Identifiable Data that is to us for (i) as long as your account is active or (ii) otherwise for a limited period of time as long as we need to fulfill the purposes for which we have initially collected it, unless otherwise required by law or regulatory authority (including for the purpose of complying with regulatory audits from time to time).

We may retain Deidentified Data indefinitely.

    1. Your Rights: Access, Correction, Deletion

You have the right to request access to the Personally Identifiable Data that the Application has about you. You can do this by contacting us at support@aifredhealth.com. In order to comply with your request, we may have to verify your identity.

If you believe that the information that we have about you is incorrect, you can contact us at support@aifredhealth.com with the request. Note that any data that is no longer needed for the purposes specified in Section II.6 will be deleted upon your request.

You have the right to request the deletion of any Personally Identifiable Data that we have about you. If you wish to do so, please contact us at support@aifredhealth.com .

Note that Aifred may not be able to delete any Deidentified Data. Once this any personal information has been deidentified, it may no longer be possible to determine which user it came from. By using the Application, you provide explicit consent to have your data anonymized and used for the purposes described in these Terms and Conditions.

    1. How We Use Your Information

      1. Consent to use of Deidentified Data . By using the Application, you accept and agree that Aifred will be allowed to use any information that that you have provided through the Application (and in the case of a Patient, any information that has been provided by any User within that Patient’s Circle of Care), provided that Aifred has deidentified such information (meaning that we will make the information anonymous by removing your name and other Personally Identifiable Data). Aifred may use your Deidentified Data for various research, quality-improvement and business purposes including, but not limited to, medical research, and the development, creation or improvement of commercial products, software and technologies.

      2. Consent to use of Personally Identifiable Data . Aifred may use Personally Identifiable Data that we collect about you to:

        1. deliver the products and services that you have requested;

        2. manage your customer relationship and provide you with customer support;

        3. perform analysis about your use of the Application;

        4. communicate with you by e-mail, postal mail, telephone and/or mobile devices about products or services that may be of interest to you;

        5. enforce these Terms and Conditions and other agreements between Aifred and you;

        6. manage our business;

        7. respond to investigation, court orders, legal process, or to investigate, prevent or take action regarding illegal activities, suspected fraud, or situations involving potential threats to the physical safety of any person, or as otherwise required by law; and

        8. perform functions as otherwise described to you at the time of collection, or with your consent if not described at such time.

    2. How We Share Your Information

      1. Consent to Share Personally Identifiable Data . By using the Application, all you accept and agree that your Personally Identifiable Data may be shared as follows:

        1. with other Users in in your Circle of Care,

        2. when we store Personally Identifiable Data in locations outside the direct control of Aifred (for example, on servers or databases co-located with hosting providers),

        3. with third parties which perform services necessary for our operations, or with third parties who offer products or services which may be of interest to our Users. In such case, those third parties must contractually agree to use or process your information in accordance with this Privacy Policy and enter into confidentiality undertakings. However, you agree that Aifred will not be liable for any damages that may result from the misuse of your Personally Identifiable Data by these third parties.

Except as contemplated by Section II.7(d), Aifred will not sell your Personally Identifiable Data to any third party, or share your Personally Identifiable Data with insurance companies, or other third parties that which could use such Personally Identifiable Data to limit your access to healthcare. Except as described in this Section II.7(a), we will not disclose your Personally Identifiable Data without notifying you of our intent to share the Personally Identifiable Data and giving you an opportunity to prevent your Personally Identifiable Data from being shared.

      1. Consent to Share Deidentified Data Aifred may disclose any User’s Deidentified Data pertaining to use of the Aifred Systems (including, without limitation, usage statistics, activity logs, and click-throughs) to third parties. Deidentified Data may also be disclosed to with researchers and strategic partners to advance research or to improve Aifred’s products, software and technologies.

      2. Additional Permitted Disclosure . Aifred reserves the right to disclose Personally Identifiable Data and/or Deidentified Data when required by law or legal process, including a subpoena or other legal proceedings. Aifred may also disclose Personally Identifiable Data and/or Deidentified Data if we reasonably believe it necessary to (i) comply with requests of law enforcement or other applicable law; (ii) to enforce any agreement between you and us; (iii) to protect the security and integrity of the Aifred Systems; and/or (iv) to protect us, our Users or others.

      3. Sale Transactions . We may be involved in an acquisition or divestiture of our business, products or services, whether in whole or in part, including pursuant to a sale of shares holding more than 50% of the voting rights attached to all shares in the share capital of Aifred, a sale of all or substantially all of our assets, an amalgamation or another form of business combination (each, a “ Sale Transaction ”). Personally Identifiable Data and/or Deidentified Data may be sold or transferred in connection with a Sale Transaction. By accepting these Terms and Conditions, you accept that your Personally Identifiable Data or Deidentified Data may be sold to a third party buyer in connection with a Sale Transaction.

      4. Testimonials. You may be contacted to ask you if you want, on an anonymous basis, to make a statement about your use of the Application . If at any point you wish to update or delete your testimonial, please contact us at privacy@aifredhealth.com.

    1. Where We Store and Process Your Information

Any Personally Identifiable Data that we collect from you is currently stored and processed in Canada. If you are accessing the Application outside of Canada, you consent to the transfer of your personal information to Canada. Please be advised that Canada’s laws may not offer the same privacy protections as the law in your jurisdiction.

Deidentified Data can be stored in any other country in which Aifred or its affiliates or service providers maintain operations.

The Personally Identifiable Data collected by Aifred may be processed and/or stored in Canada, the United States, member nations of the European Union, or any other country in which Aifred or its affiliates or service providers maintain operations.

Aifred may transfer information that we collect, including Personally Identifiable Data and/or Deidentified Data, to affiliated entities, or to other third parties across borders and from your country or jurisdiction of domicile to other countries or jurisdictions.

If you are located in the European Union or other regions with laws restricting transferring and location of storage of data, please note that we will comply with laws applicable to us.

If applicable to you, pursuant to the EU Data Protection Laws, Aifred shall act as a processor or subprocessor, and not a controller with respect to any Personally Identifiable Data collected on behalf of our Users. If you are a User who uses our services and you collect personal information on citizens within the [European Economic Area] , we ask that you contact privacy@aifredhealth.com to request a Data Processing Addendum (“ DPA ”). This DPA implements the GDPR’s Article 28 terms for processors and also incorporates the European Commission’s Standard Contractual Clauses (processors) of 2010 (also known as “model processor clauses” or “SCC 2010”) to facilitate the lawful transfer of Personally Identifiable Data from the European Union to outside of the European Union, where necessary and as required.

    1. How We Protect Your Information

Aifred is concerned with protecting your privacy and data, and therefore we use industry-standard technologies when transferring and receiving User data exchanged between Aifred and third parties (eg. companies that host the Application’s server) to help ensure its security. The Application has security measures in place designed to protect the loss, misuse and alteration of the information under Aifred’s control. The Application’s servers are backed up regularly and protected by security systems. NOTWITHSTANDING THE FOREGOING, WE DO NOT ENSURE OR GUARANTEE THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO US OR GUARANTEE THAT YOUR INFORMATION ON OUR SERVERS OR DATABASES MAY NOT BE ACCESSED, DISCLOSED, ALTERED OR DESTROYED BY UNAUTHORIZED BREACH of any of our industry standard physical, technical or managerial safeguards. If you have any questions about security on Aifred Systems, you can contact us at privacy@aifredhealth.com .

    1. Cookies

“ Cookies” are small pieces of information that are stored by your browser on your computer’s hard drive. Cookies, by themselves, do not tell us your e-mail address or other Personally Identifiable Data unless you choose to provide this information to us by, for example, registering for an account using the Aifred Systems. However, once you choose to provide the Aifred Systems with Personally Identifiable Data , this information may be linked to the data stored in the cookie. We use cookies to understand usage and to improve the content and service of the Aifred Systems. We also may use cookies to offer you products or services, including those offered by third parties. You have many choices with regard to the management of cookies on your computer. Most major browsers allow you to block or delete cookies from your system. To learn more about your ability to manage cookies, please consult the privacy features in your browser.

    1. Links

Aifred Systems may create links to other web sites. Aifred will make a reasonable effort to link only to sites that meet similar standards for maintaining each individual’s right to privacy. However, many other sites that are not associated or authorized by Aifred may have links leading to our site. Aifred cannot control these links and Aifred is not responsible for any content appearing on these sites.

    1. Children’s Privacy

Unless otherwise specified by the laws of the jurisdiction where you live, if you are under the age of 18 you should use the Application ONLY with the consent and the involvement of a parent or guardian.

We do not knowingly collect any Personally Identifiable Data from anyone who we know to be under the age of 13. If we discover that a person under the age of 13 has provided us with any Personally Identifiable Data , we will use commercially reasonable efforts to delete such person’s Personally Identifiable Data from all Aifred Systems.

    1. Contacts

If you have any questions about this Privacy Policy, the Application or our practices, or wish to request access, changes or deletion of information we have about you, you can contact support@aifredhealth.com .

    1. Opt-Out

The Application provides users the opportunity to opt-out of receiving communications from Aifred, except transactional correspondence. To opt-out of receiving our communications, you can: (i) send email to support@aifredhealth.com ; (ii) use the appropriate settings in the end user application; or (iii) click the unsubscribe link in any electronic communication you receive from us.

  1. OTHER DISCLAIMERs: NO WARRANTIES, NO RESPONSIBILITY; indemnification

    1. No Warranties

AIFRED PROVIDES THE AIFRED SYSTEMS “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AIFRED MAKES NO WARRANTY OR REPRESENTATION REGARDING THE AIFRED SYSTEMS, INCLUDING THAT THE AIFRED SYSTEMS WILL MEET YOUR REQUIREMENTS OR WILL WORK IN COMBINATION WITH ANY HARDWARE OR SOFTWARE PROVIDED BY THIRD PARTIES, THAT THE SERVICE WILL BE UNINTERRUPTED, WITHOUT PROBLEMS, BUGS OR ERROR FREE, OR THAT ALL ERRORS IN THE AIFRED SYSTEMS WILL BE CORRECTED. AIFRED SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT OR MATERIALS POSTED ON THE AIFRED SYSTEMS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AIFRED DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS.

    1. Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL AIFRED, ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND OTHER REPRESENTATIVES, HAVE ANY LIABILITY OF ANY KIND, ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION WITH THE USE, PERFORMANCE, FAILURE, INTERRUPTION OR UNAUTHORIZED BREACH OF THE AIFRED SYSTEMS, INCLUDING ANY LIABILITY FOR DAMAGES OF ANY KIND (INCLUDING INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF, OR UNAUTHORIZED ACCESS TO, OR DISCLOSURE OF INFORMATION OR DATA OR OTHER FINANCIAL LOSS) WHETHER BASED IN CONTRACT, EXTRA-CONTRACTUAL LIABILITY OR TORT (INCLUDING NEGLIGENCE, ERRORS OR OMISSIONS) OR STRICT LIABILITY, AND WHETHER FORESEEABLE OR NOT, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IF YOUR USE OF THE AIFRED SYSTEMS RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF YOUR EQUIPMENT OR DATA, YOU AGREE TO ASSUME ANY COSTS IN CONNECTION THEREWITH.

    1. Indemnification

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS AIFRED, ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND OTHER REPRESENTATIVES, FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE AIFRED SYSTEMS OR ANY BREACH OR VIOLATION BY YOU OF THESE TERMS AND CONDITIONS.

  1. miscellaneous MATTERS

    1. Amendments

Aifred may amend these Terms and Conditions (including, for avoidance of doubt, the Privacy Policy) or any section of these Terms and Conditions, in whole or in part, at any time. Each such amendment (i) will be communicated to you at least 30 days before its coming into force; (ii) set out the new section only, or an amended section along with the section as it read formerly; (iii) set out the date the amendment comes into force; and (iv) if the amendment entails an increase in your obligations or a reduction in Aifred’s obligations, give you the right to refuse any amendment and terminate your account, without cost, penalty or cancellation indemnity by sending Aifred a notice to that effect no later than 30 days after the amendment comes into force.

In order to send such a notice, click on the “ I Do Not Accept ” button when the amendment is communicated to you. Refusing an amendment entails the termination of these Terms and Conditions, the automatic deactivation of your account and denial of access to the Aifred Systems.

    1. Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with Aifred, or in any way relating to your use of the Application, resides in the courts of the Province of Quebec, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Province of Quebec, district of Montreal, in connection with any such dispute, including any claim involving Aifred, its affiliates, shareholders, directors, officers, employees, agents or other representatives. These Terms and Conditions are governed by the laws of the Province of Quebec, without regard to its conflict of laws principles.

    1. Severability

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

    1. Assignment

You shall not assign or otherwise transfer these Terms and Conditions or any of your rights or obligations hereunder to any third party without the prior written consent of Aifred which consent is within Aifred’s sole discretion. No assignment or delegation by you shall relieve or release you from any of your obligations under this Agreement. Aifred shall be allowed to assign these Terms and Conditions to any third party without requiring your consent.

    1. Successors and Assigns

These Terms and Conditions shall be binding upon, inure to the benefit of, and be enforceable by Aifred and its successors and assigns.

    1. Waivers

No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

    1. Language

The parties have expressly requested that these Terms and Conditions be drawn up in English and that all modifications thereof can be made in this language.

    1. Entire Agreement

These Terms and Conditions constitute the entire agreement between you and Aifred with respect to the use of the Aifred Systems, and supersedes and replaces any prior agreements between Aifred and you regarding the Aifred Systems. By clicking on “I Accept” button below, you consent and agree to these Terms and Conditions and acknowledge that you have read and understood them.

Date of last update : July 25 2019.