This is an agreement between NeurAlly Care, owner and operator of the website and the KEENSPIRE application (the "Application") (together the "Services") and you ("you"), a user of the Services ("User"). By using the Services, you acknowledge and agree to these terms of use (the "Terms of Use") as well as the NeurAlly Care Privacy Policy. NeurAlly Care is committed to processing personal information in accordance with applicable data protection laws, including Law 25 (Quebec), the GDPR (European Union) where applicable, as well as any applicable equivalent legislation. When required, our practices may also align with certain recognized standards regarding the protection of health data. The Services are only accessible to Users who can legally enter into contracts, as provided by applicable laws. By using the Services, you represent and warrant that you have reached the legal age of your place of residence to enter into a contract or that you have obtained the prior consent of a parental authority to use the Services.
MODIFICATION OF TERMS OF USE NeurAlly Care reserves the right, at its sole discretion, to change or modify these Terms of Use or any part of these Terms of Use at any time by informing you in advance by any reasonable means. The modifications will take effect on the indicated date and will apply to your use of the Services from that moment.
USE OF SERVICES
3.1. Access and use of the Services. During the term of this agreement, NeurAlly Care grants you a limited, non-exclusive, and non-transferable right to access and use the Services, for lawful use, in accordance with these Terms of Use ("Permitted Purposes").
3.2. Access to the Application. To access the Application, you must have a mobile device and/or access to the internet. The Application can be downloaded for a 7-day trial period from the "Apple Store" and "Google Play Store" platforms; the terms of the platforms regarding this trial period also apply in such a situation, as well as on our Website. Once the trial period is over, you will need to purchase a subscription to access the Application and its features. You agree that it is your full and entire responsibility to ensure that the mobile device or device you use has sufficient capabilities to launch and use the Application according to the specifications listed on the platforms, if applicable.
3.3. Application Updates. You understand and agree that NeurAlly Care may from time to time and at its sole discretion develop and provide updates to the application, which updates may include upgrades, bug fixes, patches, or other error corrections and/or new features ("Updates"). Updates may also modify or delete in their entirety certain features and functionality of the Application. You agree that NeurAlly Care has no obligation to provide updates or to continue to provide or enable particular features or functionalities. Depending on the settings of your mobile device, when it is connected to the Internet:
You must download and install all Updates when they are available. You agree that the Application or some of its features may not function properly if you do not update it. You further agree that all Updates will be deemed part of the Application and will be subject to all terms and conditions of this document.
3.4. Artificial Intelligence, diagnostics, and advice. KEENSPIRE is an Application designed to facilitate children's skill development (such as emotional management, focus, and autonomy). The Application uses a machine learning engine to personalize the child's paths and synthesize a portrait based on observations. Please note that this information and these recommendations are provided solely for educational and resource purposes. This information does not replace, nor is it a substitute for, professional medical advice, diagnosis, or treatment. Always seek the advice of a physician or other qualified healthcare provider, duly licensed to practice medicine or general healthcare in your jurisdiction, with any questions you may have regarding the information obtained from our Services, and regarding any medical condition you think may be relevant. Never disregard professional medical advice or delay in seeking it because of information obtained through our Services. Always consult your doctor or another qualified healthcare provider before modifying any treatment or medication for your child.
3.5. Medical provider. NeurAlly Care is not a licensed medical or healthcare provider and has no expertise in diagnosing, examining, or treating health conditions of any kind. By using our Services, you acknowledge that the syntheses or advice provided are for informational purposes only and NeurAlly Care cannot be held liable in this regard.
3.6. Restrictions. You may not i) use the Services for purposes other than the Permitted Purposes, ii) copy, distribute, or disclose all or any part of the Services in any medium, including by means of any web scraping tool or technique, automated or not, iii) use any automated system, including crawlers and offline readers, to access the Services, iv) transmit, through the Services, spam, chain letters, or any other form of unsolicited email, v) attempt to interfere with the servers of the Services, compromise the integrity or security of their system, or decipher any transmissions to or from them, vi) take any action that, at NeurAlly Care's sole discretion, imposes or may impose an unreasonable or disproportionately large load on the infrastructure of the Services, vii) upload invalid data, viruses, worms, or other malicious software through the Services, viii) collect, extract, or harvest any personally identifiable information from the Services, ix) impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity, x) interfere with the proper working of the Services, xi) access any content on the Services through any technology or means other than those provided or authorized by the Services, xii) bypass the measures NeurAlly Care may use to prevent or restrict access to the Services, including features that prevent or restrict use or copying of any content on the Services or enforce limitations on use of the Services or the content therein, xiii) modify, disassemble, decompile, reverse engineer, adapt, or create derivative works from the Services, or xiv) otherwise use the Services in violation of any applicable law.
3.7. Investigations and prosecutions. NeurAlly Care will have the right to investigate and prosecute any violations of the Terms of Use to the fullest extent permitted by law.
YOUR ACCOUNT
4.1. Account Creation. Certain features of the Services require the creation of a User account. When creating a User account, you agree to provide NeurAlly Care with true, accurate, and complete information about yourself as prompted by the registration process, and to update it as necessary to keep it accurate at all times. You must also choose a unique and secure password. In the event of a violation of this paragraph 4.1, NeurAlly Care may terminate your right to use the Services, at its sole discretion.
4.2. Account Responsibility. You are entirely responsible for ensuring and maintaining the confidentiality of your password. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify NeurAlly Care immediately of any unauthorized use of your account or any other breach of security.
4.3. Account Security. NeurAlly Care cannot guarantee that unauthorized third parties will never be able to defeat the Services' security measures or make improper use of information on the Services that you have provided to NeurAlly Care that identifies you ("Personal Information"). You acknowledge that you provide your Personal Information at your own risk.
4.4. Use of other accounts. You are prohibited from using anyone else's account at any time, except with the permission of the account holder as their authorized agent.
4.5. Account Interruption. You may terminate or suspend your account for any reason, at your sole discretion and without notice, without liability to NeurAlly Care.
TERMINATION
5.1. Termination by NeurAlly Care. NeurAlly Care may suspend or terminate your access to the Services, with or without notice, particularly in the event of a violation of these Terms of Use, fraudulent or abusive use of the Services, or when required for legal or security reasons. When required by applicable law, reasonable prior notice will be provided.
5.2. Termination by the User. The user may terminate their subscription at any time. In such an event, NeurAlly Care guarantees access to the Services until the end of the current billing period.
5.3. Survival of provisions. The provisions herein which by their nature should survive will survive such termination, including the provisions relating to intellectual property, confidentiality, disclaimer of warranties, limitation of liability, and indemnification. Termination of your access to and use of the Application or the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to NeurAlly Care or any third party.
6. PRICING, PAYMENT METHOD, AND SUBSCRIPTION
6.1. Currency. If the currency of your purchase is not expressly indicated, the prices are in Canadian dollars.
6.2. Subscription on the Apple Store or Google Play Store. Subscribing to a plan from the Apple Store or the Google Play Store (the "Platforms"), as well as any cancellation or refund, is subject to the terms of use and privacy policy of those Platforms. By using these Platforms, you agree to be bound by the specific conditions of these Platforms.
6.3. Purchases on our Website and third-party providers. The KEENSPIRE application is offered as a Premium subscription. This subscription can be purchased individually or provided to you through your employer or insurer. If you subscribe individually via our Website, NeurAlly Care uses the third-party service provider Stripe to process online payments. Payment processing will be subject to Stripe's terms of use and privacy policy. By making an online purchase, you agree to be bound by Stripe's terms of service.
6.4. Application Subscription. Our Services include a Subscription to our Application. The Subscription will remain in effect until it is canceled or terminated in accordance with these Terms of Use, and the terms of use of the Platforms where applicable, or until the expiration of your last payment period.
6.5. Subscription Cancellation. You may cancel your Subscription at any time via the Platforms or by contacting us at contact@neurallycare.com.
6.6. Trial Period. When you register individually for the first time, you are granted a 7-day free trial period, or as specified during registration, which allows you to access the Application during this trial period starting from the moment you activate this trial by creating your account. By registering for the 7-day free trial and creating your account, you acknowledge and accept these Terms of Use.
PAYMENTS AND REFUNDS
7.1. Purchases via the Apple App Store and Google Play Store. Purchases made via the Apple App Store or Google Play Store are processed by these respective platforms. The applicable payment, billing, cancellation, and refund terms are those defined by Apple and Google. Any refund request must be addressed directly to the relevant platform. We have no control over these decisions.
7.2. Purchases made via our site (Stripe or other third-party providers). Purchases made directly via our site are processed by secure third-party payment providers (notably Stripe). Unless otherwise required by mandatory law, purchases of digital services or content are non-refundable once access is provided or the service has begun. A refund may be granted on a case-by-case basis in the event of a technical problem substantially preventing access to the service.
7.3. Immediate access and waiver. By proceeding with the purchase, you expressly request the immediate execution of the service and acknowledge that it begins upon confirmation of your purchase. To the extent permitted by applicable law, you acknowledge losing your right of withdrawal once the service is fully executed or access is provided.
7.4. Subscriptions. Subscriptions are automatically renewed unless canceled before the renewal date. Subscriptions purchased via the App Store or Google Play Store must be managed directly through these platforms. Subscriptions purchased via our site can be canceled at any time through your account. Unless otherwise provided by law, no refunds will be issued for a subscription period that has already begun.
INTELLECTUAL PROPERTY
8.1. Trademarks. All trademarks (including words, phrases, and logos) used by NeurAlly Care to distinguish, or to be capable of distinguishing, its own goods or services from those of others, belong to NeurAlly Care. NeurAlly Care's trademarks may not be used, reproduced, or imitated, in whole or in part, without the prior written permission of NeurAlly Care.
8.2. Copyright. All original works reproduced or published on the Services are protected by copyright. The copyright owner in each work reserves all rights related thereto. You acknowledge that it is an infringement for any person to do, without the consent of the copyright owner, any act that, under applicable laws, only such owner has the right to do.
8.3. Other rights. The Services, or any part thereof, may be protected by industrial designs or patents. NeurAlly Care reserves all rights to the Services not expressly granted. You agree not to use, copy, or distribute any content of the Services other than to the extent permitted.
8.4. Feedback. NeurAlly Care is free to use, profit from, disclose, publish, keep secret, or otherwise exploit any comment, suggestion, or other idea aimed at improving or modifying the Services or any other NeurAlly Care product or service in any way ("Feedback"), without any compensation or attribution to the User or any person originating this Feedback.
8.5. Documentation. NeurAlly Care will, from time to time, provide the User with documentation, online or in any physical form, describing the features, operation, and use of the Services (the "Documentation"). The User understands and agrees that they may reproduce and use the Documentation only as necessary to support their use of the Services.
USER CONTENT
9.1. Content License. By submitting profile information, details about your child's or children's development, observations, text, or any other content on the Application or on our Services ("User Content"), you grant NeurAlly Care a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, and transferable license to do anything that, under applicable law, only the copyright owner would otherwise be permitted to do in order to provide and improve the Services, whether for commercial or non-commercial purposes, subject to the NeurAlly Care privacy policy.
9.2. Netiquette. At all times, when you submit User Content, you agree not to make any statement that could be considered, at NeurAlly Care's sole discretion, to be (i) abusive, defamatory, hateful, racist, xenophobic, homophobic, or sexist (or any use of discriminatory language), (ii) involving vulgar, obscene, or malicious language, and (iii) disclosing personal information or confidential information of others.
9.3. Responsibility for User Content. You hereby acknowledge and agree that you are solely responsible for any User Content you post on the Services. Consequently, you represent and warrant that (i) you are either the sole and exclusive owner of the User Content submitted to the Services, or you have all rights, licenses, consents, and releases necessary to grant rights to NeurAlly Care regarding such User Content, and (ii) neither the User Content, nor its submission or transmission, nor the use of the User Content by NeurAlly Care infringes, misappropriates, or will violate a third party's rights, including intellectual property rights and rights of publicity or privacy, or result in the violation of any applicable law or regulation, Canadian or foreign.
CONFIDENTIAL INFORMATION
10.1. Definition. For the purposes of this Section 10, "Confidential Information" means any material, non-public information relating to NeurAlly Care (including any trade secret), written or oral, whether or not marked as confidential.
10.2. Obligation of confidentiality. The User must keep confidential all NeurAlly Care Confidential Information disclosed or made available to them, directly or indirectly, by any means of communication or observation.
10.3. Limited Purposes. The User may only use the Confidential Information for the purposes of their use of the Services.
10.4. Non-disclosure. The User may not disclose Confidential Information to a third party, except to the extent that such disclosure:
10.5. Notice. The User must notify NeurAlly Care promptly and in a timely manner if the User is required by law to disclose any Confidential Information or becomes aware of any unauthorized disclosure of Confidential Information.
ELECTRONIC COMMUNICATIONS When you provide NeurAlly Care with your email address through the Services, you expressly consent to NeurAlly Care storing your email address in its databases or using this email address in its mailing lists to communicate with you to (i) conduct surveys or verifications regarding the Services, in particular regarding their features, user-friendliness, and your appreciation thereof, (ii) share information and news relating to NeurAlly Care, or (iii) for any other reason relating to the Services or User security.
HYPERLINKS The Services may contain hyperlinks to external Internet sites, which cause you to leave the Services (the "External Sites"). You acknowledge and agree that NeurAlly Care is not responsible for the availability of these External Sites or for the accuracy of the Content, products, or services available on these External Sites. Hyperlinks to External Sites do not imply any approval or endorsement by NeurAlly Care of such External Sites. You acknowledge that you assume all risks arising from your use of the External Sites. By using the Services, you expressly release NeurAlly Care from any liability arising from your use of any External Site.
DISCLAIMER OF WARRANTIES
13.1. No Warranty for the Services. The Services are provided to you "as is," without any warranty. To the fullest extent permitted by applicable laws, NeurAlly Care disclaims all warranties, express or implied, including warranties of non-infringement, accuracy, freedom from error, or content accuracy. NeurAlly Care may update the Services without prior notice to Users. Although NeurAlly Care makes every effort to ensure that the information presented on the Services is complete and accurate, NeurAlly Care cannot guarantee that such information is free of errors, omissions, and inaccuracies.
13.2. No Warranty for the Application. NeurAlly Care does not guarantee the absence of bugs, inaccuracies, errors, or other harmful elements. The Application is dependent on mobile and internet networks to function, as well as on iOS and Android operating systems. NeurAlly Care disclaims any liability in the event of network unavailability or issues related to the iOS and Android operating systems. No right to compensation is granted under this paragraph. NeurAlly Care reserves the right to cease, without notice, without compensation, and at its sole discretion, permanently or temporarily, the provision of all or part of the Application's features.
LIMITATION OF LIABILITY
14.1. Limitation of Liability for the Services. You acknowledge and agree that you assume all risks arising from your access to or use of the Services, whether such use is lawful or unlawful. To the maximum extent permitted by applicable law, in no event shall NeurAlly Care, its affiliates, directors, employees, agents, licensors, or successors and assigns, be liable for damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in an action in contract, tort, or otherwise, arising directly or indirectly from the use or performance of the Services, including any damage caused by or resulting from a User's reliance on any information obtained from the Services, or resulting from mistakes, omissions, interruptions, deletion of files or emails, errors, defects, viruses, delays in operation or transmission, or any failure of performance.
14.2. Limitation of Liability for the Application. NeurAlly Care is committed to implementing all necessary means to best ensure access to the Application. You are solely responsible for your login credentials. You agree to keep them confidential and not transmit them to third parties. Generally, you agree and acknowledge that your use of the Application, including the information you distribute, is done under your sole and entire responsibility. NeurAlly Care cannot be held liable and cannot be required to compensate you for any direct or indirect harm resulting from the unavailability of the Application. In this regard, NeurAlly Care cannot be held liable for any damage resulting from the loss, alteration, or fraudulent use of data, the accidental transmission of viruses or other harmful elements, or the attitude or behavior of a third party. It incurs no liability due to (i) the inability to access the Application, (ii) improper use of the Application, (iii) internet network saturation, (iv) potential malfunctions on the mobile devices used by you, (v) in the event of force majeure or an event beyond its control.
INDEMNIFICATION By using the Services, you agree to defend, indemnify, and hold harmless NeurAlly Care, its subsidiaries and affiliated companies, and their respective officers, agents, directors, employees, licensors, and assigns, from any claim, demand, damage, obligation, loss, liability, cost, debt, or expense (including legal fees and disbursements) and any amount paid for a settlement arising from or related to your use of the Services, or your violation of the Terms of Use or the rights of third parties. NeurAlly Care may assume the exclusive defense and control of any matter for which you have agreed to indemnify NeurAlly Care, and you agree to assist and cooperate with NeurAlly Care in the defense or settlement of any dispute.
DISPUTES
16.1. Claim Procedure. For any dispute arising out of or related to this agreement, you agree, first and foremost, to contact NeurAlly Care to attempt to resolve the dispute informally. To the fullest extent permitted by applicable law, any dispute arising out of these Terms of Use will first be subject to an attempted amicable resolution. If no agreement is reached, the dispute may be submitted to mediation, and then, if necessary, to arbitration in accordance with the laws applicable in the relevant jurisdiction. However, no provision herein limits the mandatory rights available to a consumer under applicable laws, including the right to bring matters before competent courts or to participate in a class action when such rights cannot be validly excluded.
16.2. Class Action. Except in circumstances where applicable laws prohibit restrictions on a party's right to bring a class action, all claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless the parties agree otherwise, the arbitrator may not consolidate more than one person's claims.
16.3. Injunction. Nothing in this section prevents the parties from seeking provisional measures or a safeguard order, such as an injunction or any other equitable relief, from a court of competent jurisdiction, before or during arbitration proceedings.
GOVERNING LAW This agreement is governed by and construed in accordance with the laws in force in the Province of Quebec, without regard to conflict of law principles. Your conduct may also be subject to other local, national, or state laws.
GENERAL
18.1. Entire Agreement. These Terms of Use and the Privacy Policy supersede any prior agreement between you and NeurAlly Care and constitute the entire agreement between you and NeurAlly Care.
18.2. Modification. NeurAlly Care reserves the right to modify this document at any time and for any reason. NeurAlly Care will post the most current version of this document at https://getkeenspire.com/fr/. You are responsible for complying with the posted updates to the document. Your continued use of the Services after the posting of the modified version of this document indicates your full and complete acceptance of it.
18.3. Assignment. You may not assign or transfer these Terms of Use and the Privacy Policy or any other rights or obligations relating thereto.
18.4. Waiver. The failure or delay by NeurAlly Care in exercising any right, remedy, power, or privilege under these Terms of Use does not constitute a waiver of such rights, remedies, powers, or privileges. To be valid, a waiver must be in writing and signed by NeurAlly Care. A written waiver of a default shall not be construed as a waiver of any other default or default of the same nature that may occur in the future.
18.5. Invalidity or Unenforceability. Even if one or more provisions of this agreement or the Privacy Policy are declared invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability will not affect the validity or enforceability of the remaining provisions of this agreement or the Privacy Policy; this agreement or the Privacy Policy will then be interpreted as if the invalid or unenforceable provision had never been part of this agreement or the Privacy Policy.
CONTACT US NeurAlly Care appreciates your comments and questions, which can be sent to contact@neurallycare.com. For any questions regarding the protection of your personal information or to exercise your rights, you can contact our Privacy Officer at: protection@neurallycare.com.
