BRAINFIT™ TERMS OF USE
Last Update October 23, 2022.
GENERAL INFORMATION
These Terms of Use are a binding contract between you and Women's Brain Health Initiative ("WBHI" or "we," "us," or "our") about your use of this mobile application, BrainFit™ Free Habit Tracker ("BrainFit™" or "app"). Please read these Terms of Use ("Terms") carefully.
By using BrainFit™, you signify your agreement to be bound by these Terms and our Privacy Policy, which can be found at wbhi.org (“Privacy Policy"). If you do not agree to these Terms or our Privacy Policy, you may not use BrainFit™.
Persons under the age of 13, or any higher age of majority rules in the jurisdiction in which they reside, may not access or use our website.
Unauthorized copying, reproduction, republishing, uploading, downloading, posting, transmitting, or otherwise exploiting any material displayed on this website is prohibited.
We may change these Terms at any time by posting a new version on BrainFit™. The latest version will become effective on the date it is posted, which will be listed at the top of the page as the new Effective Date. Your continued use of BrainFit™ after we post a new or amended version of our Terms constitutes your agreement to be bound by the changed Terms.
DISCLAIMER: THIS APP DOES NOT PROVIDE MEDICAL ADVICE
BrainFit™ helps users develop, measure, and maintain healthy habits and behaviours that contribute to wellness and brain health by focusing on WBHI's "Six Pillars of Brain Health" as described at wbhi.org.
Neither BrainFit™ nor WBHI provides medical advice.
Information, including but not limited to text, graphics, images, and other material contained on BrainFit™, is for informational purposes only. No such material is a substitute for professional medical advice, diagnosis, and treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition or treatment and before undertaking a new wellness or health care regimen, and never disregard professional medical advice or delay in seeking it because of something you have read on this website.
WBHI does not represent or warrant that any particular treatment is safe, appropriate, or effective for you.
ACCESS
While not a requirement to access the Content on BrainFit™, you may wish to establish an account ("Account") to enable us to communicate effectively with each other. Your Account and right to access and use BrainFit™ is personal to you and is not transferable by you to any other person or entity. Upon registration, you will provide a username and password. You are entirely responsible for maintaining the confidentiality of your user ID and password and for any and all activities that occur under your Account. You may not use the Account of any other user. You agree to immediately notify WBHI of any unauthorized use of your password or username or any other security breach.
You must provide accurate and complete information and keep your Account information updated. All personal information associated with your Account or your use of BrainFit™ is collected, used, and disclosed in accordance with our Privacy Policy.
By creating an Account, you expressly consent to the use of: (a) electronic means to complete these terms and to provide you with any notices given pursuant to these terms; and (b) electronic records to store information related to these terms or your use of BrainFit™.
We reserve the right to deny you access to BrainFit™ or any part thereof, in order to maintain or restore security or performance of BrainFit™. We may also do so if we reasonably believe you are in breach of these Terms, or your Account has been or may be being used or may be used by an unauthorized person.
You also agree to immediately notify us if you learn of a security breach or other illegal activity in connection with BrainFit™.
LIMITATION OF LIABILITY
You acknowledge and agree that WBHI and WBHI's members, directors, officers, employees, counsel, agents, representatives, sponsors, licensors, successors, and assigns will have no liability whatsoever, whether in contract, tort (including negligence) or any other theory of liability, and whether or not the possibility of such damages or losses has been notified to us, in connection with or arising from your use of BrainFit™. Your only right, recourse or remedy with respect to any problems or dissatisfaction with BrainFit™ is to immediately cease use of the app. We shall not be liable to you, whether in contract, tort (including negligence), extra-contractually or any other theory of liability, and whether or not the possibility of such damages or losses has been notified to us, for:
any indirect, special, incidental, or consequential damages; or
any loss of income, business, actual or anticipated profits, opportunity, goodwill or reputation (whether direct or indirect);
any personal injury or death;
any damage to or corruption of data (whether direct or indirect);
any claim, damage, or loss (whether direct or indirect) arising from or relating to your inability to use BrainFit™ or
any claim, damage, or loss (whether direct or indirect) arising from or relating to:
any product or service provided by a third party under their own Terms of service;
any third-party technology; or
any third-party website.
Some jurisdictions do not allow the limitations of damages or exclusions of liability for any personal injury or death or incidental, consequential, or similar damages, including Quebec. Accordingly, some of the above limitations may not apply to you.
INDEMNITY & RELEASE
To the full extent permitted by applicable law, you agree to defend, indemnify, and hold harmless WBHI and WBHI's members, directors, officers, employees, counsel, agents, representatives, sponsors, licensors, successors, and assigns (collectively, Indemnified Parties) from and against any claims, actions or demands, including without limitation legal fees, arising, or resulting from your use of BrainFit™ or your breach of the Terms. We will provide notice to you promptly of any such claim, suit, or proceeding and may choose in our sole discretion to assist you, at your expense, in defending any such claim, suit or proceeding. In particular, you agree to defend, indemnify and hold harmless the indemnified parties from any claim arising from any injury, including but not limited to bodily harm or death, to you or any third party that may result from the use of or reliance on BrainFit™.
To the extent permitted by law, you agree to release and discharge WBHI and any third party that may from time to time participate in BrainFit™ (whether as a participant or in an administrative, operational or other capacity), and each of their respective directors, officers, employees, counsel, agents, representatives, successors and assigns, from any loss, liability, claim, demand, damage or expense asserted by any person or entity relating in any way to your use of BrainFit™.
LEGAL – Copyrights, Trademarks, Disclaimers
BrainFit™, including all software, algorithms, protocols, and interfaces associated therewith, and all intellectual property associated with BrainFit™ (such as copyrights, inventions, patents, trademarks, trade secrets, and industrial designs) are owned by WBHI. Nothing in these Terms confers upon you any ownership interest in any aspect of the app or any intellectual property right associated with the app.
Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent.
Provided you adhere to all of these Terms, WBHI grants you a non-exclusive, limited, non-transferable, freely revocable license to use BrainFit™ for your personal, non-commercial use only. WBHI may terminate this license at its sole discretion, at any time, for any reason or no reason. Any unauthorized use of the Services will violate these Terms and may violate applicable laws. WBHI reserves all of its rights in respect of such violations, including its rights to pursue any available legal or equitable remedy or recourse and seek recovery from you for the expense of so doing.
MOBILE NETWORK
You must provide, at your own expense, the equipment, internet connections, devices, and service plans to access and use BrainFit™. If you access BrainFit™ through a mobile network, your network or roaming provider's messaging, data and other rates and fees may apply. You are solely responsible for any costs you incur to access BrainFit™ from your device. Downloading, installing, or using BrainFit™ may be prohibited or restricted by your network provider and not all functionality of BrainFit™ may work with your network provider or device. WBHI makes no representation that BrainFit™ can be accessed on all devices or wireless service plans. WBHI makes no representation that BrainFit™ is available in all languages or that BrainFit™ is appropriate or available for use in any particular location.
MODIFYING & TERMINATING THE APP
We are continually changing and improving BrainFit™. We may add or remove functionalities or features, and we may suspend or stop all or part of BrainFit™ altogether.
You may terminate your Account at any time and for any reason by cancelling your account on the app and deleting the app from your device. Upon any termination by you, your Account will no longer be accessible.
We may suspend or terminate your right to use BrainFit™ at any time, in the event that you breach these Terms, for any reason, or for no reason at all, in our sole discretion and without prior notice. After such termination, WBHI will have no further obligation to provide BrainFit™. Upon termination of your right to use BrainFit™ or our termination of BrainFit™ to you, all licenses and other rights granted to you by these Terms will immediately terminate.
Despite anything to the contrary, all of your covenants, agreements, representations, and warranties made in these Terms will survive termination and remain in full force and effect.
NON-SOLICITATION POLICY
In your communications with us or use of BrainFit™, please keep in mind that we do not seek any unsolicited ideas or materials for products or services or even suggested improvements to products or services (collectively, "Unsolicited Ideas and Materials"). We will be free to use or copy all or a portion of any Unsolicited Ideas and Materials you provide to us, including any ideas, inventions, concepts, techniques, or know-how disclosed, for any purposes, without payment of any amount to you.
SECURITY
BrainFit™, like other consumer technologies and technologies, may not be 100% secure overall. By accepting these Terms, you acknowledge and accept that BrainFit™ and any information you download or offer to share by means of BrainFit™, may be exposed to unauthorized access, interception, corruption, damage, or misuse, and cannot be regarded as 100% secure. You accept all responsibility for such security risks and any damage resulting from their use. Further, you are solely responsible for securing your mobile device from unauthorized access, including by such means as using complex password protection and, for Android users, enabling device encryption in your settings. You agree that BrainFit™ shall not be liable for unauthorized access to your mobile device or BrainFit™ data.
CONSENT AND USE OF DATA
You agree that we may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to BrainFit™. We may use this information in accordance with our Privacy Policy.
TERMINATION
Your rights under these Terms will terminate immediately and automatically without any notice from WBHI if you fail to comply with any of the Terms and conditions of these Terms. You understand that WBHI, in its sole discretion, may modify or discontinue or suspend your right to access any of our services or use of any BrainFit™ at any time. Further, WBHI, with or without any reason, may at any time suspend or terminate any license hereunder and disable BrainFit™ or any of its component features. You agree that WBHI shall not be liable to you or any third party for any termination or disabling of BrainFit™. Promptly upon expiration or termination of these Terms, you must cease all use of BrainFit™ and destroy all copies of BrainFit™ in your possession or control. Termination will not limit any of WBHI 's other rights or remedies at law or in equity.
DISCLAIMER OF WARRANTY
To the extent this is permitted by Applicable law, BrainFit™ is provided on an "As is," "With all faults," and "As available" basis, and you use them at your sole risk. Subject to Applicable Law, WBHI, on behalf of itself and its affiliates, licensors, distributors, vendors, agents, and suppliers, expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty arising under the Applicable law, usage of trade, course of conduct or otherwise. Without limitation, WBHI makes no warranty that BrainFit™ will meet your requirements, that it will be uninterrupted, timely, secure, or error-free, that the results obtained from using BrainFit™ will be effective or satisfactory, or that the quality of BrainFit™ will meet your expectations. WBHI assumes no liability or responsibility for any property damage of any nature whatsoever resulting from your access to and use of BrainFit™; any unauthorized access to or use of our secure servers, and/or any and all personal information and/or financial information stored therein; any interruption or cessation of transmission to or from BrainFit™ or servers; any bugs, viruses, trojan horses, or the like which may be transmitted to or through BrainFit™ by any third party; or any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via BrainFit™.
The entire risk arising out of the use or performance of BrainFit™ remains solely with you.
WBHI expressly disclaims all warranties relating to products and/or services provided by third-party partners.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
This disclaimer of warranty constitutes an essential part of this agreement.
BRAINFIT™ MISCELLANEOUS TERMS
No failure or delay by WBHI in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms. If any provision of these Terms shall be found unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
You agree that any cause of action arising from or related to BrainFit™ must commence within three (3) years after the cause of action occurs. Otherwise, such cause of action is permanently barred.
SUPPLEMENTAL TERMS FOR APPLE STORE BUYERS
To the extent permitted by Applicable law (and without limiting the above rights, remedies, and obligations except to the extent expressly in conflict with additional Terms below), the following additional Terms shall apply to your use of BrainFit™ as per the used platform:
Apple App Store
By accessing BrainFit™ through a device made by Apple, Inc. ("Apple"), you expressly acknowledge and agree that:
These Terms are between WBHI and you; Apple is not a party to these Terms.
The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install BrainFit™ on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules outlined in Apple's App Store Terms of Service.
Apple is not responsible for BrainFit™ or the Content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to BrainFit™.
In the event of any failure of BrainFit™ to conform to any Applicable warranty, you may notify Apple, and Apple will refund the purchase price for BrainFit™, if any, to you. To the maximum extent permitted by Applicable law, Apple will have no other warranty obligation whatsoever with respect to BrainFit™.
Apple is not responsible for addressing any claims by you or a third party relating to BrainFit™ or your possession or use of BrainFit™, including without limitation (a) product liability claims; (b) any claim that BrainFit™ fails to conform to any Applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
In the event of any third-party claim that BrainFit™ or your possession and use of BrainFit™ infringes such third party's intellectual property rights, Apple is not responsible for the investigation, defence, settlement, or discharge of such intellectual property infringement claim.
You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or the U.S. Government has designated that as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of the Terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary hereof.
WBHI expressly authorizes the use of BrainFit™ by multiple users through Family Sharing or any similar functionality provided by Apple.
GENERAL PROVISIONS
Notices: All notices and other communications to WBHI under these Terms must be in writing and must be delivered either by email or by internationally recognized courier service to the contact information set out below under "Contact Us." When you contact us or register for an Account, you consent to receive communications from us electronically related to your Account and your use of the app. You agree that any such communication via email shall constitute legal written communication in compliance with any and all legal notice requirements (to the fullest extent possible by law).
Waiver: If you do not comply with these Terms, and we do not take action right away, this does not mean that we are waiving or giving up any rights that we may have (including, but not limited to, taking action in the future). You agree that you will only sue us as an individual. You agree that you will not file a class action or participate in a class action.
Severability: Any provision of these Terms which is unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable, such provision in any other jurisdiction.
Assignment: These Terms and any rights, licenses and privileges granted by these Terms may not be transferred or assigned by you but may be assigned or transferred by WBHI without restriction and without notice to you.
Entire Agreement: The Terms, including the Privacy Policy, are the entire and exclusive agreement between WBHI and you regarding the app. These Terms supersede and replace any prior agreements, whether oral or in writing, between WBHI and you regarding BrainFit™.
Interpretation: These Terms shall endure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns. The division of these Terms into paragraphs or other subdivisions and the insertion of headings are for convenience of reference only and do not affect the construction or interpretation of these Terms.
Governing Law: These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and of the laws of Canada applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Toronto, Province of Ontario, Canada.
Language of Agreement: The parties have agreed that this contract and all related documents be drafted in English. Les parties aux présentes ont demandé et convenu que le présent contrat et tout document y afférent soient rédigés en anglais.
CONTACT US
If you have any questions or comments, please contact us by
Email:
brainfit@wbhi.org
Mail:
Women’s Brain Health Initiative
900-30 St. Clair Ave W'
Toronto, ON M4V 3A1
BrainFit™-Free Habit Tracker is a habit tracking mobile app designed to increase awareness of dementia and brain disease, reduce stigma, and support you to protect and optimize your brain health. © 2022. Women's Brain Health Initiative. All Rights Reserved.