THE BRAINBOT APPLICATION (“BRAINBOT APP”)DOES NOT PROVIDE MEDICAL ADVICE. THE CONTENTS OF THE BRAINBOT APP, SUCH ASTEXT, GRAPHICS, IMAGES, AND OTHER MATERIALS CREATED BY BRAINBOT OR OBTAINEDFROM BRAINBOT'S LICENSORS, AND OTHER MATERIALS CONTAINED ON THE BRAINBOT APP(COLLECTIVELY, "CONTENT") ARE FOR INFORMATIONAL PURPOSES ONLY. THEBRAINBOT APP IS INTENDED ONLY FOR USE BY THE END USER FOR PERSONAL USE ANDSHOULD NOT BE USED BY ANY OTHER USER. THE CONTENT IS NOT INTENDED TO BE ASUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYSSEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANYQUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARDPROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOUHAVE READ ON THE BRAINBOT APP.
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOURDOCTOR OR 911 IMMEDIATELY. BRAINBOTPROVIDES GENERAL INFORMATION AND CANNOT GUARANTEE THE APPROPRIATENESS OF USEFOR ANY PARTICULAR USER OF ANY SPECIFIC TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE APP. RELIANCE ON ANY INFORMATION PROVIDED BY BRAINBOT,BRAINBOT EMPLOYEES, OTHERS APPEARING ON THE APP AT THE INVITATION OF BRAINBOT,OR OTHER VISITORS TO THE APP IS SOLELY AT YOUR OWN RISK.
PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THE BRAINBOT APP. BY USING THE BRAINBOT APP, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS.
These terms govern your use of any mobile application maintained by Brainbot Inc. including the Brainbot App and any other website and applications that we currently offer or may offer in the future (collectively, the “Services”).
The Services are intended for Canadian residents who are over 18 years of age only (including by persons over 18 years of age for the benefit of persons under 18 years of age, provided the user is the parent or legal guardian of the person under 18 years of age). By accessing the Services you represent that you are at least 18 years of age and you agree to use the Services in accordance with all applicable local, provincial, national or international laws and regulations.
As between you and Brainbot, we own the Services, all the software used to provide the Services, and all of the written or other content on the Services, including text, images, graphics, email and health and wellness information and other content and services offered through the Services (the “Content”), as well as any and all improvements, updates and modifications which we make to the Content from time to time. The Services and the Content is only for your personal, non-commercial, or educational purposes. You may not in any way distribute or re-sell the Services or the Brainbot App. You may not copy, distribute, publish or make any commercial use of any Content. You are permitted to print or download, for the purpose of displaying, copies of the Content, provided: (i) such copies are kept in your sole possession or control; (ii) you reproduce and include the whole of any proprietary notices, including copyright and trademark notices on the copies; (iii) you do not publish, sell, transfer, reproduce, distribute, modify, display, prepare derivative works based on, re-post, transmit or otherwise use the Content for any purpose whatsoever; and (iv) you acknowledge that unauthorized use of the Content, would result in damages to us, which could not be adequately compensated for in damages by monetary award. Notwithstanding the above, You are permitted to share Content with your Doctor or other health practitioners for the sole purpose of aiding your medical treatment. Accordingly, in the event of any such breach, in addition to all other remedies available at law or in equity, we are entitled as a matter of right to apply to a court of competent jurisdiction for relief by way of restraining order, injunction, decree or otherwise, as may be appropriate to ensure compliance with these Terms.
You may not use, frame or utilize framing techniques to enclose any of our trademarks, logos or other proprietary information without our express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing our name, trademarks, or product names without our express written consent.
If you download the Brainbot App, you agree and acknowledge that the Brainbot App may download and install upgrades, updates and additional features from us in order to improve, enhance and further develop the Brainbot App.
You own the content and information that you: (i) provide to us through the Services; or (ii) authorize us to collect on your behalf from one or more third parties; including technical information regarding your use of the Services and including any ideas, suggestions and feedback you provide to us (collectively, “User Content”). You hereby grant us a worldwide, irrevocable, fully paid-up, royalty-free license to use, store, modify, reproduce, aggregate with other information, distribute, communicate, publish, publicly perform, display and create derivative works from, the User Content and to sublicense (through multiple layers) all of the foregoing according to our Privacy Policy. You also hereby waive, and agree to cause all authors to waive, in favour of us and all of our licensees, all moral rights (or other inalienable rights) in the User Content. This license and waiver continues in respect of pre-existing User Content even if you stop using our Services.
While using the Services, you agree not to: (i) interfere with other users' use of the Services; (ii) transmit any files which may contain viruses, or other contaminating or destructive properties; (iii) post or transmit material for advertising or commercial purposes; (iv) impersonate, or misrepresent your affiliation with, any person or entity; (v) post or transmit any content which may injure, disparage or constitute defamation or libel of any third party; or (vi) post or transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that constitutes or encourages criminal conduct or that violates any law.
Brainbot reserves the right to take any steps it deems necessary to prevent or restrain any unauthorized or prohibited access or use of the Services, including without limitation, taking legal action, or suspending or terminating your access without notice.
To the extent you access links to other websites (“Third Party Sites”) or use any third party components, such use is governed by the applicable terms between the third party provider and the user. Third Party Sites are not under our control and we are not responsible for anything on Third Party Sites. Please review the terms and conditions and privacy policies, if any, of Third Party Sites.
We do not endorse the products or services of anyone else, including any third party products or services mentioned or referred to in or through any information, comments or material in, or linked from or to the Services. References to any such products or services are not endorsements or approval of such products or services.
Because some websites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in Third Party Sites and you hereby irrevocably waive any claim against us with respect to Third Party Sites.
IT IS SOLELY UP TO YOU TO DETERMINE IF THE BRAINBOT APP IS APPROPRIATE FOR YOUR USE – PLEASE REVIEW THE MEDICAL DISCLAIMER IN SECTION 1 ABOVE. THE SERVICES OR ANY OTHER CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRAINBOT EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR COLLATERAL, INCLUDING WITHOUT LIMITATION ANY WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
BRAINBOT MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THESE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; THAT MESSAGES OR REQUESTS WILL BE DELIVERED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU ARE RESPONSIBLE FOR VERIFYING ANY CONTENT BEFORE RELYING ON IT. FOR GREATER CERTAINTY, YOU AGREE THAT ALL RISK ASSOCIATED WITH THE USE OF, OR RELIANCE ON, ANY PERSONAL INFORMATION OR CONTENT OF THE SERVICES, RESTS WITH YOU. YOU FURTHER AGREE THAT BRAINBOT (INCLUDING THE BRAINBOT AFFILIATES) AND EACH OF THEIR RESPECTIVE AGENTS, REPRESENTATIVES AND THIRD PARTY SERVICE PROVIDERS OR ANY BRAINBOT OPERATOR WILL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR IN CONNECTION WITH YOUR USE OF, OR RELIANCE ON, ANY CONTENT OR THE SERVICES.
EXCEPT FOR DIRECT DAMAGES LIMITED AS PROVIDED BELOW, IN NO EVENT WILL BRAINBOT (INCLUDING THE BRAINBOT AFFILIATES) AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND THIRD PARTY SERVICE PROVIDERS OR ANY BRAINBOT OPERATOR BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT (OTHER THAN AS BELOW), INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES, ANY WEBSITES LINKED TO THE SERVICES, THE CONTENT OF THE SERVICES OR THE PERSONAL INFORMATION ACCESSIBLE ON THE SITE OR THROUGH THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL BRAINBOT OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON THE PERSONAL INFORMATION ACCESSIBLE OR CONTENT PROVIDED THROUGH THE SERVICES. BRAINBOT’S ENTIRE LIABILITY WILL BE LIMITED TO DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED THE AMOUNT OF FEES PAID BY YOU TO BRAINBOT IN THE SIX MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
You agree to defend, indemnify and hold harmless each of Brainbot, its affiliates and officers, directors, employees, agents, representatives of the foregoing and all service providers of the foregoing, including all third parties mentioned on or in any way involved in providing any of the Services, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of these Terms; (b) your access to, use of or reliance upon the Services, your personal information that is accessible through the Services, or the Content of the Services; or (c) your infringement of any intellectual property or privacy rights of any person.
We reserve the right to change any aspect of the Services, including adding or removing functionality, and the right to refuse or remove any Content, whatever the source, at any time without any notice or liability to you and in our sole discretion. We may terminate, restrict, or suspend your use of the Services at any time, without notice or reason.
Any disputes arising from your use of the Services shall be governed exclusively by the laws of the Province of Ontario and the laws of Canada applicable in the Province of Ontario. You agree not to raise conflict of laws principles in an attempt to defeat the application of these laws and you expressly consent to the exclusive forum, jurisdiction and venue of the courts of Ontario.
You will do all such further acts and execute or deliver such documents as we may reasonably require from time to time for the purpose of giving effect to these Terms (including protecting, confirming and enforcing the license provided to us above).
These Terms, including the Privacy Policy, constitute the entire agreement between the parties with respect to the Services. It supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, with respect to the Services.
If any provision of these Terms is found to be unlawful, void or unenforceable, then such provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions. The language in these Terms will not be interpreted strictly for or against any party. We may assign, transfer or otherwise dispose of our rights and obligations under these Terms, in whole or in part, at any time without notice. You may not assign, transfer, or otherwise dispose of any rights or obligations under these Terms, in whole or in part. Any attempted assignment, delegation, or transfer in violation of the foregoing will be null and void. The section titles are for convenience only and have no legal or contractual effect.
If you have any questions about these Terms, please contact Brainbot Inc. at info@brainbot.co. You can also contact Brainbot Inc. by phone at (647) 457-1887.
