Terms & Conditions
Effective as of April 02, 2022
If you do not agree with this TOU you are not granted permission to access or otherwise use the App and you must exit the App immediately.
The information contained in the App is provided for educational and informational purposes only and should not be considered health advice, diagnosis or treatment. Please contact your health care provider to discuss your health needs, and call 911 for all health emergencies.
All references to “images” herein include still images, video and audio recordings, and any combination of the foregoing.
YOU MUST NOT USE THIS APP IN ANY MANNER THAT COULD RESULT IN INFORMATION OR IMAGES FROM WHICH A CHILD MAY BE IDENTIFIED BEING TRANSMITTED, OR IN ANY MANNER WHATSOEVER THAT COULD RESULT IN HARM TO A CHILD. YOU SHALL ONLY PROVIDE INFORMATION OR IMAGES PERTAINING TO A CHILD FOR WHOM YOU ARE THE PARENT OR LEGAL GUARDIAN.
Some information provided to you by the App will be based upon the Submissions that you provide and you agree that you bear full and entire responsibility for such Submissions and the accuracy and utility thereof for purposes of the App.
You agree that it is solely your responsibility to ensure that your access to and use of the App complies with the laws of your jurisdiction. We make no representation that information on the App or any product or service provided via the App is appropriate or available for use outside Canada or the US.
We reserve the right at any time and from time-to-time to modify, edit and update this TOU and any of our policies. You should review this TOU and all policies regularly to make sure that you are aware of any changes. Your access to use of the App on and after the date on which we post the revised terms constitutes your acceptance of the TOU as revised as well as of any revised policies.
You are responsible for all software, hardware, services (such as Internet service), and equipment necessary to access and use the App, including all related expenses, if any.
1. License Grant.
This TOU provides to you a personal, revocable, limited, non-exclusive, non-sublicensable, and non-transferable license to use the App conditioned on your continued compliance with this TOU, all other Company policies and requirements for the App, and all applicable laws and regulations.
Except as expressly provided herein, Company does not grant any other express or implied right to you or any other person. Accordingly, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, reverse engineer, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use the App in any manner not expressly permitted herein. Moreover, you shall not, nor shall you permit any third party or person to, disable, circumvent, or otherwise avoid any security device, mechanism, protocol, or procedure implemented by Company for use of the App.
3. No Medical Advice:
The information and materials available on this App are provided for consumer information and educational purposes only, and are not intended to provide specific advice, including any health or legal advice. This App does not replace regular medical examinations by a doctor or other health care professional. You should always consult with a doctor regarding your own personal health circumstances and that of any child under your care. You should never disregard, avoid or delay obtaining advice from your doctor or other health care provider for you or any child under your care because of any content of this App. If you have or suspect that you or any child under your care has a medical problem or condition you should contact a qualified health care professional. In the case of an emergency you should call for emergency medical help immediately.
The App is not a medical device, nor is it approved for any other health application by any regulator, including the Health Canada or the Therapeutic Products Directorate under the Food and Drug Regulations, the Medical Devices Regulations or the Food and Drugs Act.
THE APP IS NOT INTENDED TO CONSTITUTE OR BE A SUBSTITUTE FOR MEDICAL OR PROFESSIONAL ADVICE AND SHOULD NOT BE RELIED UPON IN ANY SUCH REGARD. YOU SHOULD ALWAYS CONSULT A HEALTHCARE PROFESSIONAL REGARDING ANY HEALTH RELATED CONTENT ON THIS APP. THE INFORMATION IN THIS APP DOES NOT CREATE ANY HEALTHCARE PROVIDER/PATIENT RELATIONSHIP BETWEEN YOU AND THE COMPANY OR BETWEEN ANY CHILD AND THE COMPANY. NO ADVICE OR INFORMATION OF ANY KIND, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE CONTENT OR THE APP SHALL CREATE ANY WARRANTY.
4. User Obligations
You represent that you are at least the legal age of majority (in your province, territory, or locality of residence) and will, at all times, provide true, accurate, current, and complete information (for which you have all necessary rights, permission(s), or authority) when submitting information through the App, including, without limitation, when you provide information via a website or app registration or submission form. In addition, you access the App of your own volition and are responsible for compliance with all applicable laws, rules, and regulations with respect to your use of the App. If you access the App on behalf of any organization, your organization shall be bound to this TOU and liable for any breach by you. You represent that you have all rights, power, and authority to agree to this TOU on behalf of your organization
Company will permit you to provide certain information to the Company through the App, as requested or otherwise permitted to be provided by the App, such as images (e.g., of the child, of the parent or guardian, of the child’s head, ear, skin, throat, etc.), sound recordings (e.g., records of the child in video and/or audio format), and/or other information (each a “Submission” and collectively the “Submissions”). You agree you will not upload, post, display, or transmit any Submission(s) if such Submission(s), part thereof, or the act of making the Submission(s), would be considered: (i) to be useable to identify a child; (ii) relating to a child for whom you are not the parent or legal guardian; (iii) defamatory, abusive, or violative; (iv) to diminish, infringe, misappropriate or violate of any intellectual property or other property or proprietary rights of any third party; (v) child pornography or degrading to or bullying of a child or otherwise constitutes a harm to a child or a failure to protect a child from harm; or (vi) unlawful in any other way. Company is not responsible for screening, policing, editing, or monitoring your or another user’s Submissions and encourages all of its users to use reasonable discretion and caution in evaluating or reviewing any Submission(s). Nevertheless, if you violate this TOU, Company may, in its sole discretion, take whatever action is necessary to protect Company’s legal or equitable rights, or otherwise enforce the terms of this TOU. Moreover, it is a policy of the Company to take appropriate actions under applicable intellectual property and privacy laws and all other applicable laws. If you become aware of Submissions that violate these rules regarding acceptable behavior or content, you may contact the Company as provided herein.
7. Permission to Use Submissions.
By using this App to transmit, provide, distribute, or display a Submission(s), you automatically grant Company and any of its current or future parents, subsidiaries, successor and assigns, as well as any current or future corporations, business entities, trusts, commonly-owned corporations, as well as any other entity owning, owned by, controlling, controlled by or under common control or ownership of an entity (whether legally, beneficially, by agreement or through stock ownership or other equity interest, directly or indirectly) and their permitted successors and assigns, with or without attribution, a royalty-free, perpetual, irrevocable, non-exclusive right and license to itself or any other party to use, act upon, make, have manufactured, sell, offer for sale, import, reproduce, modify, publish, create derivative works from, distribute and display such Submission(s) (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. Submissions may be used by the Company to improve or otherwise modify any of its products or services, including the App, artificial intelligence products, algorithms, websites, software, or any other products or services of the Company. You also acknowledge that such Submissions (in the form received or provided by you) are non-confidential for all purposes and that the Company owes no obligation of confidentiality, attribution, or approval, and has no control over the extent to which any idea or information may be used by any other party or person. You will receive no compensation for any Submission(s) and hereby waive any right to enforce any intellectual property or proprietary right against Company and its parent, affiliates, and subsidiaries as a result of or on the basis of any use or exploitation of any Submission, or incorporation of any Submission into any Company product or service. You recognize that we have the right to use (and to allow third parties to use) such Submission(s) in connection with the operation of the App and Company business generally, including without limitation for our advertising and marketing purposes, and to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat, and create derivative works based on such Submission(s). Company may or may not publish your name in connection with such Submission(s) at our sole discretion. We may use such Submission(s) in any media, now known or hereafter developed. We are under no obligation to post or use any such Submission(s), and we may remove any such Submission(s) at any time in our sole discretion. You acknowledge and agree that we may have similar content already under consideration or development, and we will own all right, title, and interest in and to what we create or develop without use of such Submission(s). You agree not to provide us with any Submission(s) or programs that contain viruses, Trojan horses or tools that have the effect of compromising the security of the App or other Apps.
8. Prohibited Uses:
You agree not to do any of the following:
- Download, copy, or re-transmit any or all of the App without, or in violation of, a written license or agreement with Company;
- Use the App in any manner that could disable, overburden, damage or impair the App or interfere with any other party’s use of the App including their ability to engage in real time activities through the App;
- Use any robot, spider, other automatic device process or means, or similar data gathering, data mining, or extraction methods to access the App for any purpose including monitoring or copying any of the material on the App;
- Use any manual process to monitor or copy any of the material on the App or for any other unauthorized purpose without the prior written consent of Company;
- Use any device, software or routine that interferes with the proper working of the web/Internet;
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the web/Internet or the server on which the App is hosted;
- Attack the App via a denial-of-service attack or a distributed denial-of-service attack;
- Attempt to interfere with the proper working of the App, including but not limited to through hacking, ransoming, or other attacks upon the services provided by and function of the App;
- Use the App to fraudulently misrepresent yourself, impersonate another person, engage in false advertising; to defraud or defame any person, or to engage or otherwise participate in any ponzi scheme, pyramid scheme, chain letter, unsolicited bulk or commercial emails, or to collect any personal or personally identifiable information from any user of the App with that person’s knowledge or consent;
- Distribute the content of the App for any purpose including without limitation compiling an internal database, redistributing or reproduction of the content by the press or media, or through any commercial network, cable or satellite system;
- Create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise;
- Post any content or Submissions, including any messages, ads, data, images, text illustrations, articles, photographs, or audio or video clips that might be considered by a reasonable person to be obscene or that contain racial, ethnic, religious slurs or derogatory epithets, or that advocate violence or hate, is threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, harassing in nature, profane or indecent material of any kind including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or violate any local, state, provincial, territorial, federal or other law, infringe any person’s privacy or personal information, identify or make it easy to identify a child, or any child or other person’s present or future location, that contain language that is otherwise deemed offensive by Company, or that contains software viruses, corrupted data, cancel bots, commercial solicitations, or mass mailings or any form of “spam”;
- Use the App in any manner that promotes and/or enables illegal or unlawful activities;
- Permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of Company or its licensors or allow any third-party to access the content;
- Use the App other than for its intended purpose, or in any manner not expressly permitted in this TOU;
- Remove any copyright, trademark, or other proprietary rights notice from the App or any content thereof;
- Create a database by downloading and saving content from the App,
- Delete or revise any content on the App;
- Transmit, disclose, collect or store personal information about others; or
- Attempt to defeat any security measures that we take to protect the App.
Such unauthorized use is a material breach of these terms, and may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.
Company will not be responsible for any damages you or any third-party may suffer as a result of the submission, transmission, storage or receipt of confidential or proprietary information that you make or that you expressly or implicitly authorize Company to make, or for any errors or any changes made to any submitted, transmitted, stored or received information. You are solely responsible for the retrieval and use of the content of the App. You should apply your own judgment in making any use of any content, including, without limitation, the use of the information as the basis for any conclusions.
COMPANY ASSUMES NO OBLIGATION TO UPDATE THE CONTENT ON THE APP. THE CONTENT ON THE APP MAY BE CHANGED WITHOUT NOTICE TO YOU. COMPANY IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE. COMPANY DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE APP. ACCESSING THE CONTENT FROM TERRITORIES WHERE IT MAY BE ILLEGAL IS PROHIBITED.
10. Confidentiality & Security :
THERE IS NO GUARANTEE THAT INFORMATION OR PERSONAL INFORMATION ON THE APP OR ON THE INTERNET, OR SUBMISSIONS TO THE APP OR THROUGH THE INTERNET WILL BE MAINTAINED CONFIDENTIAL AND SECURE. THE USE OF THE APP AND THE CONTENT IS AT YOUR OWN RISK AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE CONTENT, YOUR USE OF THE APP OR THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF YOUR INFORMATION, SUBMISSIONS, OR PERSONAL INFORMATION.
You agree at all times to indemnify, defend and hold harmless Company, its agents, suppliers, affiliates, third parties engaged by Company, third parties that assist Company, and their respective parent companies, directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by Company directly or indirectly in respect of: (i) any information, Submissions, or any other content you provide on or through the App or which is sent to Company by email or other correspondence, or any activities you engage in through the App in any capacity; (ii) any third party claims or other claims whatsoever, including but not limited to any intellectual property infringement claims, other infringement of rights claims, or privacy or personal information claims, that relate to any information, Submissions or any other content you provide on or through the App, or any activity or omission relating to the App by you; (iii) your use or misuse of the Submissions or any other content, or the App; or (iv) any breach by you of any terms of this TOU or any negligence or wilful misconduct whether by action or omission.
Company accepts credit card payments via the App. In some instances we may engage third party service providers to receive and process payments on our behalf, such as app stores, or other third party service providers. You agree to pay all taxes relating to any payment to the Company, and that you will not initiate any chargebacks to Company unless otherwise pre-authorized by Company in writing. You understand and agree that you will be responsible for and required to pay for any costs associated with any chargebacks that you have initiated against the Company. Company reserves the right at any time to modify the fees charged for the products and services offered through the App.
13. Copyright Infringement:
If you believe that any content on the App infringes your copyright, you may request that it be removed. This request must bear a signature of the copyright owner and must comply with the following, or with the requirements of applicable law in the relevant jurisdiction: (a) identify the allegedly infringing content; (b) indicate where on the App the infringing content is located; (c) provide your name and contact information; (d) state that you have a good faith belief that the content is infringing; (e) state that the information in your claim is accurate; and (f) indicate that “under penalty of perjury” you are the lawful copyright owner. Our contact for copyright issues relating to the App is: email@example.com
14. Compliance with Investigations:
Company will cooperate with any investigation by any federal, provincial, or local body or any court or tribunal legitimately exercising its rights. Such cooperation may occur without any notice being provided to you.
15. Representations and Warranties.
With respect to the Submission(s), you acknowledge and agree that you are solely responsible for rights clearance and accuracy, and you hereby represent and warrant that you own all rights, title, and interest in the Submission(s) or have the full right, power and authority to grant the rights granted herein, free and clear of any claims, liens, encumbrances, or violations of any other agreement. You also represent and warrant that you are not aware of any investigation, claim, or litigation involving the Submission(s); the Submission(s) does not violate or infringe the rights of any other party (or person) or the laws or regulations of any government or judicial authority; the Submission(s) does not identify any child or cause harm to any child in any manner whatsoever; and the Submission(s) is accurate to the best of your knowledge. You also represent that you have taken all necessary action to enter into, execute, and perform under this TOU both on your behalf and on behalf of any organization pursuant to which you use the App or provide any Submission(s).
You may be required to register to use the App. Each registration is for a single user only, unless otherwise expressly agreed upon by Company. Registration for access to and use of the App may also require access credentials, such as a user name and a password, or adherence to other particular access requirements as designated by Company in its sole discretion from time to time. You hereby agree to consider your access credentials, such as a username and password, as confidential information and not to disclose such information to any third party without the prior express written consent of Company, which may be withheld in its sole discretion. You shall immediately notify the Company if you suspect or become aware of any loss or theft of your password or any unauthorized use of your user name and password. Company will not be liable for any loss or damage arising from your failure (whether inadvertent or intentional) to comply with these obligations.
17. Proprietary Rights.
18. Links to Third-Parties.
Company may provide links, in its sole discretion, to other Internet Apps or networks (including social media networks for your convenience in locating or accessing related information and/or services), or provide third party content in the App. Such content is owned by third parties, and such links are to other Apps or networks that are maintained by third parties over which Company exercises no control. This TOU is not applicable to third party links, websites or networks, as those are governed by the policies of such third party owners thereof, and we suggest that you review the applicable policies before engaging in use of any such third party link, website or network. Your correspondence or any other dealings with third parties are solely between you and such third party.
COMPANY DOES NOT REPRESENT OR WARRANT THAT THE APP WILL OPERATE ERROR-FREE OR ON AN UNINTERRUPTED BASIS. APP IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND COMPANY HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE APP. MOREOVER, COMPANY EXPRESSLY DISCLAIMS RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY PROVIDED CONTENT, MATERIALS, LINKS, WEBSITES, NETWORKS, PROGRAMS, PRODUCTS, AND SERVICES SET FORTH, DESCRIBED ON, OR ACCESSED THROUGH THE APP, AND YOU AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH DEALINGS BETWEEN YOU AND A THIRD PARTY.
20. Limitation of Liability.
COMPANY SHALL NOT BE RESPONSIBLE FOR ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND COMPANY’S CONTROL. MOREOVER, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE APP OR FOR ANY INFORMATION, WEBSITE, NETWORK, PRODUCT, SERVICES OR MATERIALS AVAILABLE THROUGH THE APP, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, TOTAL LIABILITY OF COMPANY FOR ANY REASON WHATSOEVER RELATED TO USE OF THE APP SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR USE OF THE APP (DURING THE LAST TWELVE (12) MONTHS) OR TEN DOLLARS (CDN$10.00), WHICHEVER IS GREATER.
21. Governing Law.
This TOU has been made in and will be construed and enforced solely in accordance with the laws of the Province of Quebec, Canada. Any dispute will be resolved by arbitration, with the losing party to pay all costs and fees.
22. Enforcing Security on the App.
Company reserves the right to view, monitor, and record your activity on the App without notice or permission from you. Any information obtained by monitoring, reviewing, or recording may be provided to: (i) law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the App; (ii) government agencies as required for any disclosures required by or under applicable law; and (iii) other parties as required for Company to comply with any court orders or subpoenas involving requests for such information.
23. Injunctive Relief.
You acknowledge that any breach, whether threatened or actual, of this TOU, including, without limitation, with respect to unauthorized use of Company proprietary rights or assets, will cause irreparable injury to Company, such injury would not be quantifiable in monetary damages, and Company would not have an adequate remedy at law. You therefore agree that Company shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU. Accordingly, you hereby waive any requirement that Company post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Company to enforce any provision of this TOU.
24. Term & Termination.
This TOU will take effect (or re-take effect) at the moment you begin downloading, accessing, or using the App, whichever is earliest. Company reserves the right at any time and on any grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this TOU, to deny your access to the App or to any portion thereof in order to protect its name and goodwill, its business, and/or others, and this TOU will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without prior notice and may impact (and prohibit) submission of any information and Submissions. You may also terminate this TOU at any time by ceasing to use the App, but all applicable provisions of this TOU will survive termination, as identified below, and each re-access or use of the App will reapply this TOU (then in effect) to you. Upon termination, you must destroy all copies of any aspect of the App in your possession. The provisions concerning Company’s proprietary rights, Submissions, disclaimers of warranty, limitations of liability, waiver and severability, entire agreement, injunctive relief, and governing law will survive the termination of this TOU for any reason, as will any other provision that by its nature survives termination.
25. Waiver & Severability.
Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by Company of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this TOU shall continue in effect.
26. Entire Agreement.
We expressly exclude the UN Convention on Contracts for the International Sale of Goods, and the International Sale of Goods Act Ontario as amended, replaced or re-enacted from time to time. You agree to waive any right you may have to: (i) a trial by jury; and (ii) commence or participate in any class action against Company related to the App, the App content, any Company services or products, or this Agreement and, where, applicable, you also agree to opt out of any class proceedings against Company, its agents, or its licensors. We have required that this Agreement and all documents relating thereto be drawn-up in English. Nous avons demandé que cette convention ainsi que TOUs les documents qui s’y rattachent soient rédigés en anglais.
The division of this TOU into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this TOU. In this TOU, words importing the singular number include the plural and vice versa; words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations.
This TOU shall insure to the benefit of and be binding upon each of Company and you, and Company’s and your respective successors and permitted assigns. You acknowledge having read this TOU before accepting it and having the authority to accept this TOU.
30. App Experience:
31. Contact Us:
If you have any questions about the App or this TOU, please contact Company at the following email address: firstname.lastname@example.org