TERMS & CONDITIONS

Last update: June 7 2023

These terms and conditions, including any additional terms, conditions and policies referenced herein (collectively the "Terms of Use", "Terms") govern your access to and use of the Cedulify application (the "Application") and website https://www.cedulify.com (the "Site"), the services offered therein, and the content, information and tools available therein (collectively the "Services").

The Services are operated by Cedulify Inc ("Cedulify"). The terms "we", "us" and "our" refer to Cedulify. The terms "you", "your" or "user" refer to you, as a user of our Services.

By using the Services or any updates thereto, you indicate that you agree to be bound by all of the Terms. If you do not agree to all of the terms of our Terms, please do not access our Services.

Any new features added to our Services in the future will also be subject to these Terms. 

APPLICATION PRESENTATION

The Application is an intelligent assistant and virtual coach to harmonious living, customized for the web and mobile devices with Apple and Android operating systems. It provides tools to users to improve the well-being and balance of their daily lives.

PROTECTION OF PERSONAL INFORMATION

The submission of your personal information through your use of our Services is governed by our Privacy Policy. Click here to view our Privacy Policy.

LICENCE

Cedulify hereby grants you a royalty-free, non-exclusive, non-transferable, revocable license to use the Services (including the Application) for non-commercial purposes, subject to these Terms.

USE OF OUR SERVICES

Users who wish to use our Services will be asked to open a user account. 

By using our Services, you agree to provide us with accurate, complete and up-to-date information. You agree to promptly update your account and the information contained therein. You agree and understand that you are responsible for maintaining the confidentiality of your account password.

You further agree to notify us of any unauthorized use of your account at the following email address: contact@cedulify.com.

We will not be liable for any costs, damages or expenses incurred as a result of your failure to maintain the confidentiality of the password associated with your account.

Subject to compliance with these Terms (including any other applicable terms), we grant you limited, non-exclusive, revocable permission to make private, non-commercial use of our Services. Such access shall remain in effect until terminated by either you or Cedulify. You agree not to redistribute or transfer the Services.

The Services and the Application are licensed to you and are not sold or transferred to you. Cedulify and its licensors retain ownership of all copies of the Application and Services, even after they have been installed on your devices.

It is your responsibility to make the necessary updates to the Application when they become available. You will be notified when an update is available. We do not guarantee the support or performance of the Services under an earlier version of the Application. 

PROHIBITED CONDUCT

You are prohibited from using our Services:

(a) for illegal purposes; 

(b) to incite third parties to perform or participate in illegal acts;

(c) violate any regional ordinance or any international, federal, provincial or state law, rule or regulation;

(d) to upload, post, transmit, distribute or otherwise reproduce any content in a way that would infringe our or third parties' intellectual property rights;

(e) harass, abuse, insult, hurt, defame, slander, denigrate, intimidate or discriminate against any person on the basis of gender, sexual orientation, religion, ethnicity, race, age, origin or disability;

(f) publish, transmit or otherwise distribute any material that contains a virus, Trojan horse, worm or other harmful or disruptive component;

(g) collect or track personal information about others, pretend to be someone else, or submit false or misleading information;

(h) to send spam, phish, hijack a domain, extort information, browse, explore or analyze the Web (or any other resource);

(i) for obscene or immoral purposes; or

(j) to undermine or circumvent the security measures of our Services, any other website or the Internet.

We reserve the right, at our sole discretion, without prior notice, to terminate the Terms if we believe that you have failed to comply with these Terms, if we consider your conduct on our Services to be unacceptable, or for any reason whatsoever.

To use or access our Services, you must have reached the age of majority in the jurisdiction in which you reside.

FEES AND REIMBURSEMENT POLICY

When you use our Services to make purchases, you agree to promptly pay all charges incurred for such purchases. Purchases are subject to our Purchase Policy. Please take the time to read it before making any transaction on our Services.

USER SUGGESTIONS

We are always pleased when our users contact us and allow us to learn more about how we can improve our Services. Any comments, criticisms, ideas or suggestions provided to us regarding how we can improve the Site ("Comments") will be our sole and exclusive property. By leaving any Comments, you irrevocably assign to us all of your right, title and interest in and to such Comments, and waive any moral rights you may have in and to such Comments. We reserve the right to remove any Comments and to use them in any way without any obligation to you. You also waive any claim against Cedulify related to our use of the Comments.

THIRD PARTY LINKS

Some content available through our Services may include material from third parties. Some links may direct you to sites whose owners are not affiliated with Cedulify. We do not control and are not responsible for the content of these sites. We assume no responsibility for any content, website, product, service or other material found on these sites. Please take the time to contact the relevant third parties if you have any concerns about the links or content on these sites.

CEDULIFY INTELLECTUAL PROPERTY

Copyright: We are either the owners of the intellectual property rights in the content of our Services, including text, documents, videos, images or authorized by the owners of the intellectual property rights in such content, to use the content on our Services. All images, videos, content and other materials of which our Services are composed are also copyrighted works, and we (subject to the rights of our licensors under applicable agreements and arrangements) have all rights in them (except for rights in User Content, as defined in these Terms). You must comply with all other copyright notices or restrictions on our Services. You may not reproduce, distribute or transmit the copyrighted materials in our Services without our prior permission. 

Trademarks: All trademarks and logos included on our Services are the property of Cedulify or our licensors. You may not use them without our express prior written consent.

If you believe that your work has been illegally uploaded to or incorporated into our Services, you may contact us at contact@cedulify.com.

USER-PUBLISHED CONTENT

Content uploaded to our Services by users ("User Content") is the property of its owners. It is the responsibility of users to verify that they have the necessary permissions to publish User Content on our Services.

By uploading User Content to our Services, you represent and warrant that you own or have obtained all necessary rights, licenses, permissions or authority to use and/or upload User Content to our Services and that its presence on our Services (a) does not or will not infringe any third party's proprietary or intellectual property rights, any commitment of confidentiality, or any other right to a third party; and (b) does not violate any law or regulation. We therefore invite users of our Services to report any violations arising from User Content by contacting us at the following address: contact@cedulify.com

By uploading User Content to our Services, you agree to grant Cedulify a non-exclusive, royalty-free, worldwide license for as long as your user account on our Services is active to use the User Content only to the extent necessary to provide you with the Services and the functionality of the Application. You agree that Cedulify may use User Content in accordance with our Privacy Policy.

USING THE APPLICATION

Our Application is available on the web as well as on all devices using Apple or Android operating systems.  

In connection with the use of Apple® devices, your use of the Application is subject to Apple Inc. rules, including the terms and conditions set forth in the App Store Terms and Conditions of Use available at: https://www.apple.com/ca/fr/legal/internet-services/itunes/cafr/terms.html, the applicable provisions of which are incorporated into the Terms by this reference.

In connection with the use of Android® devices, your use of the Application is subject to the usage rules established by Google Inc. including the terms set forth in the Google Play Store Terms and Conditions of Use available at https://play.google.com/intl/fr_ca/about/play-terms/, the applicable provisions of which are incorporated into the Terms by this reference.
You acknowledge and agree that the availability of the Application is dependent on platforms provided by a third party: Apple or Google (the "Third Party Providers"). Notwithstanding the generality of the foregoing, you acknowledge that these Terms are between you and Cedulify only. No contractual relationship exists between you and the Third Party Providers.  As such, Cedulify is solely responsible for the Application and the Services and for any and all claims, regardless of their nature, that may arise in connection therewith. You acknowledge and agree that Third Party Providers have no obligation whatsoever to provide you with maintenance and support services with respect to the Application.

You acknowledge and agree that Third Party Providers have no warranty obligations with respect to the Application and any claims, losses, liabilities, damages, costs or expenses attributable to the breach of any warranty set forth in these Terms. If the Application fails to conform to any applicable warranty, Cedulify shall have full responsibility for all claims, losses, liabilities, damages, costs and expenses attributable to the breach of any warranty. Please note that, to the extent permitted by applicable law, Cedulify has disclaimed all warranties.

You acknowledge and agree that Third Party Providers are not responsible for settling any claim relating to the Application or your possession and/or use of the Application, including, without limitation: i) a product liability claim; ii) a claim that the Application does not comply with any applicable statutory or regulatory requirement; and iii) a claim under consumer protection, privacy or similar legislation, including a claim in connection with the use of the Application with HealthKit and HomeKit.

You acknowledge and agree that Third Party Providers shall not be liable for any third party infringement claim that the Application or your possession or use of the Application infringes the intellectual property rights of any third party. If a third party claims that the Application or the user's possession and use of the Application infringes the intellectual property rights of a third party, Cedulify, and not the Third Party Providers, shall be solely responsible for investigating, disputing and settling any such intellectual property infringement claim.

You acknowledge and agree that the Third Party Suppliers, and their affiliates, are third-party beneficiaries of these Terms and that, upon your acceptance of these Terms, they shall have the right (and shall be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

You represent and warrant that you are not located in a country subject to a U.S. government embargo or that has been designated by the U.S. government as a terrorist supporting country and that you are not on a U.S. government list of prohibited or restricted parties.

EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY

We do not warrant or represent that your use of our Services will be uninterrupted, timely, secure or error-free.

You agree that, from time to time, we may discontinue our Services for indefinite periods or limit access to them without notice to you.

You expressly agree that your use of, or inability to use, our Services is at your sole risk. We assume no responsibility for any loss or damage of any kind resulting from your use of our Services or the content available on them. We do not warrant the quality, accuracy or completeness of any statements or information on our Services. All information, statements and services available on our Services are provided "as is" without warranty or condition of any kind.

You agree that your use of our Services is at your sole risk. To the extent permitted by law, Cedulify assumes no responsibility for the costs of loss of data, damage to or repair or replacement of property, materials or equipment or any other damages resulting from your use or inability to use our Services or any content therein.

When you obtain Coaching Services through Cedulify, we do not guarantee that any results will be obtained as a result of these Services, which are purely informative and not customized to your own situation. You understand and agree that Cedulify is not and shall not be liable for any action or inaction on the part of the coaches offering these Services, for any direct or indirect results or damages that may arise, directly or indirectly, from the coaching services offered through Cedulify.

COMPENSATION

You agree to indemnify, defend and hold harmless Cedulify, our affiliates, subsidiaries, partners, officers, directors, employees and suppliers, from and against any and all claims and costs, legal or otherwise (including reasonable attorneys' fees), made by any third party due to or arising out of your breach of these Terms or your use of our Services.

PROFESSIONAL SERVICES

By using our Services, you understand and agree that they are not therapy services, services for obtaining a medical or other type of diagnosis, or services for preventing or treating any medical condition.

The Services are not a substitute for psychotherapy, psychoanalysis, mental health care, addiction treatment or any other advice given by professionals in the field of health or any other profession, as defined by the Professional Code. It is your responsibility to seek such professional advice if necessary.

CHANGES TO OUR SERVICES

We reserve the right, at our sole discretion, to modify or discontinue our Services, or any content, services, or information contained therein.

It is your responsibility to visit our Services regularly to see if any changes have been made.

We will not be liable to you or any third party for any modification, suspension or discontinuance of our Services.

APPLICABLE LAW

The Terms, as well as any separate agreement through which we provide our Services to you, are governed by the laws applicable in Quebec, without giving effect to any principles of conflicts of laws.

SETTLEMENT OF DISPUTES

Any dispute or difference between you and Cedulify shall be submitted exclusively to the competent court in the judicial district of Longueuil.

CONTACT

If you have any questions about our Terms and Conditions, please send them to the following address:

Cedulify Inc.

891 Rue Hyacinthe Hudon

Boucherville, QC, J4B 7E3, Canada

contact@cedulify.com