Terms & Waiver

PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.BY CLICKING ON THE “ACCEPT” BUTTON YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, LEAVE THE APPLICATION.

By clicking the “ACCEPT” button and by continuing to use this application, you understand and agree to the following terms:

  1. TryCycle is NOT INTENDED FOR IMMEDIATE MEDICAL EMERGENCIES OR TO PROVIDE IMMEDIATE AID IN SUCH A SITUATON.
  2. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY PLEASE CONTACT YOUR LOCAL EMERGENCY SERVICES OR DIRECTLY SEEK PROFESSIONAL MEDICAL HELP.
  3. TryCycle does not provide medical services of any kind and does not recommend or endorse any health professional or care providers.
  4. The services, resources and tools provided by TryCycle are only intended to act as a supplemental tool for the ongoing management of healthcare and wellbeing.
  5. Use of TryCycle is subject to a further Terms of Use Agreement.

TERMS OF USE

By downloading any version of TryCycle (Software, Mobile or Web Applications) you acknowledge that you have read these Terms of Use Agreement and agree to be legally bound by all terms in this agreement.

If you do not agree to these Terms of Use and/or are not eligible or authorized to agree to these Terms of use, you are not authorized to use TryCycle Software, applications or services.

Access to and usage of the TryCycle Software, Mobile or Web Applications (herein referred to as “Software”) by Clients, Providers and other users (hereafter the “User” or “You”) is subject to acceptance of these Terms of Use. These Terms of Use are deemed to include the Privacy Policy, and all conditions, policies and operating procedures that are referred to herein or which may otherwise be published by TryCycle from time to time.

YOU UNDERSTAND, ACCEPT AND AGREE THAT TRYCYCLE DATA SYSTEMS INC. AND TRYCYCLE SOFTWARE DOES NOT PROVIDE HEALTHCARE SERVICES OF ANY NATURE.

1. Purpose of TryCycle Software

TryCycle provides software which gathers real-time behavioural input from Clients, applies predictive analytics, and returns a calculated result to their health/care provider (herein referred to as the “Provider”) to be used as an add-on to their existing support and treatment program.

2. Identity and Account

By registering, you confirm and/or agree that:

  • You are above 18 years of age, or have the authorization of a parent or guardian to accept these terms of use.
  • You are not impersonating any other person and are using your actual identity.
  • Your username and password are unique to you, and you agree not to disclose or share your username and password to or with any third party. You are responsible for keeping your password confidential and for notifying us immediately if your password has been hacked or stolen.
  • You also agree that you will be solely responsible for any activities conducted on or through TryCycle Data Systems Inc. with your account regardless of whether or not you are the individual who undertakes such activities. This includes any unauthorized access and/or use of your account. You hereby release and hold harmless TryCycle Data Systems Inc. from any and all claims and causes of action arising out of or resulting from a third party’s unauthorized use of your account.
  • You are responsible for all activities that occur in your account and you agree to notify TryCycle Data Systems Inc. immediately of any unauthorised use of your account. TryCycle Data Systems Inc. is in no way responsible for any loss that you may incur as a result of any unauthorised use of your user account and password.

3. Software Use

While using TryCycle Software, Mobile or Web Applications, and services, you acknowledge and agree that:

  • You should seek immediate professional medical attention in medical emergencies or critical care situations and not attempt to use the Software in such situations.
  • TryCycle Software should be not used for any purposes other than submitting your behavioural data and inputs, to your authorized Provider(s).
  • TryCycle Data Systems Inc. and its Software does not provide medical services of any kind. TryCycle Data Systems Inc. does not recommend or endorse any Health Professionals. You are solely responsible for making decisions on your choice of health providers.
  • Your access or use of TryCycle Software does not create in any way, a relationship that may be confidential or privileged or of any kind that would obligate TryCycle Data Systems Inc. to fulfil any duties towards meeting your health needs.
  • The accuracy, integrity, and completeness of the personal health information you enter or allow to enter on your behalf is your responsibility, and TryCycle Data Systems Inc. assumes no liability for it. TryCycle Data Systems Inc. is also not liable for any use or misuse of information transmitted or received by a Health Professional to whom you have chosen to submit data via the Software, Mobile or Web Applications.
  • TryCycle Data Systems Inc. is constantly updating the Software in order to provide the best possible experience for its users. Users acknowledge and agree that the form and nature of the services provided by the software may change from time to time, features may be added, improved or changed without prior notice as per the demands of changing technology, domain and the best interests of the users.
  • You shall not use Software provided by TryCycle Data Systems Inc. for any purposes other than those intended by TryCycle Data Systems Inc. and as determined by TryCycle Data Systems Inc. at its sole discretion.
  • TryCycle Data Systems Inc. reserves the right to modify and/or discontinue its services at any time, for any reason and without notice and to terminate your password and account for any reason, including violation of this agreement. On such termination, you shall have no more claims on your personal data stored on TryCycle Data Systems Inc. We will not be responsible for providing this data in any form to your or to any third party service or provider after such termination.
  • The users acknowledge and agree that TryCycle Data Systems Inc. may stop (permanently or temporarily) providing the Software (or any features within) as well as any other services at TryCycle Data Systems Inc.’s sole discretion, without prior notice. In case TryCycle Data Systems Inc. becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, TryCycle Data Systems Inc. reserves the right to re-brand or relocate the Services.
  • Any information submitted on TryCycle Data Systems Inc., including personally identifiable information contained therein, are made voluntarily and are subject to TryCycle Data Systems Inc.’s Privacy Policy. You are responsible for the information you submit and agree to defend (at your sole expense), indemnify and hold TryCycle Data Systems Inc. harmless from any damages, losses, costs, or expenses which TryCycle Data Systems Inc. may incur as a result of information you post.

4. Prohibited Uses

You understand and agree that:

    < li>You may not use any robot, spider, scraper or other automated means to access the Site or Services for any purpose without our written permission. Violation of this policy may result in termination of your access to the site, deactivation or deletion of your registration and all related information and files you have stored on the site.
  • You shall not attempt to circumvent any security measure put in place for uses of TryCycle Software or attempt to gain unauthorized access to any services, user accounts, or computer systems or networks owned and/or controlled by TryCycle Data Systems Inc., through hacking, password mining or any other means.
  • You shall not upload or submit any data or information containing viruses or any computer code, corrupt files or programs engineered or intended to disrupt or destroy the functionality of any software, hardware, telecommunications, networks, servers or other equipment.
  • You shall not attempt to access, access or obtain information regarding any account other than your own, by any means whatsoever.
  • You may not use the Software or any related services in any manner that could damage, disable, overload, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the site and services.
  • If you are a competitor service, you shall not use this service as a user to study and copy features and services provided by TryCycle Data Systems Inc.'s Software, Web or Mobile Applications, or any of their related services, technology, or offerings.

5. Use of Information

  • Your use of this platform to engage with your Provider is at your sole risk only. TryCycle Data Systems Inc. shall not be responsible for any undesirable outcomes in your engagement with your Provider.
  • Data submitted by you via the TryCycle Software will be accessible by your authorized Provider, for the purpose identified by your Provider.
  • Non-personalized system analysis of non-identifiable patient data may be done as part of application service development to enable better healthcare outcomes. However the identity of individual users will remain completely anonymous in such analysis.
  • By using the services of TryCycle Data Systems Inc., you unconditionally agree to receive certain essential automated SMS, mobile and email notifications relevant to system events from the Software to the mobile number and email address you provided during registration, irrespective of whether you have subscribed to any Do-Not-Disturb (DND) services. Notification preference settings will be provided to allow turning off of non-essential/informative-only notifications.

6. Data

You acknowledge and agree that:

  • The Software securely stores all data, including communications, usage data including but not limited to location, device type, operating system, browser, date-time and context usage, in a secure cloud infrastructure. All transmissions are encrypted.
  • By using the Software you authorize the copying, transfer and disclosure of your behavioural data to the Provider(s) that you have authorized. Your authorized Provider(s) have access to view your data.
  • By using the Software, all users authorize TryCycle Data Systems Inc. to perform anonymized analytical procedures on all data, in a manner that does not disclose or distinguish the identity of any user, to develop analytics with non-identifiable data, to thus be able to improve and extend the TryCycle Platform and Apps services based on such analytics. As a user you also authorize TryCycle Data Systems Inc. to publish such non-identifiable analytics derived from non-identifiable platform user data to promote the Software and its use.
  • By using the Software you agree to storage of your data in secure cloud infrastructure located anywhere in North America.
  • All user data is covered by the TryCycle Data Systems Inc.’s Privacy Policy, the terms of which are incorporated into this Terms of Use Agreement.
  • Pursuant to the Privacy Policy, information about Users, including personal information, may be disclosed as part of any merger, acquisition, debt financing, sale of company assets, as well as in the event of an insolvency, bankruptcy or receivership in which personal information could be transferred to third parties as one of TryCycle Data Systems Inc.’S business assets. In such an event, TryCycle Data Systems Inc. will attempt to notify you before your personal information is transferred.

7. Intellectual Property, Copyright and Trademarks

You understand and accept that:

  • TryCycle Data Systems Inc., the TryCycle Platform and Apps, all related services, applications, and website, including all content and information, visual designs and branding created by and for TryCycle Data Systems Inc., and all intellectual property rights embodied therein, are the property of TryCycle Data Systems Inc. and are protected by trademarks, copyrights, patents, proprietory rights and IP laws.
  • TryCycle and any related trademarks are the trademarks of TryCycle Data Systems Inc. TryCycle Data Systems Inc. does not grant and rights to copy, use, modify, reproduce, adapt, distribute or create derived works of any part of its TryCycle Platform, Apps, content, website and design. Any reproduction of the contents, in whole or in part, regardless of the procedure or the medium used, shall require the express prior written authorisation of TryCycle Data Systems Inc. Attempting to use or access the TryCycle Platform, Apps, services and website for any purposes other than intended as per these Terms of Use is prohibited. TryCycle Data Systems Inc. reserves the right at any time in its sole discretion to block and terminate users violating these terms, in addition to taking legal action where necessary.

8. Limited Warranty

  • To the extent allowed by applicable law, implied warranties on the software and services are provided without any warranty of any kind, and TryCycle Data Systems Inc. hereby disclaims all express or implied warranties, including without limitation warranties of merchantability, fitness for a particular purpose, quality, performance, accuracy, reliability, loss or corruption of data, business interruption or any other commercial damages or losses, arising out of or related to the software. TryCycle Data Systems Inc. makes no warranty that the services will be available and accessible uninterrupted or error-free or otherwise meet your expectations. This disclaimer of warranty constitutes an essential part of this agreement.
  • TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

9. Limitation of Liability

THE USERS EXPRESSLY UNDERSTAND AND AGREE THAT TRYCYCLE DATA SYSTEMS INC. AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TRYCYCLE DATA SYSTEMS INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY CHANGES WHICH TRYCYCLE DATA SYSTEMS INC. MAY MAKE TO THE SERVICES (v) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;(vi) ANY OTHER MATTER RELATING TO THE SERVICE. THE LIMITATIONS ON TRYCYCLE DATA SYSTEMS INC.’S LIABILITY TO THE USER SHALL APPLY WHETHER OR NOT TRYCYCLE DATA SYSTEMS INC. HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

THE LIMITATIONS ON TRYCYCLE DATA SYSTEMS INC.’S LIABILITY TO THE USER SHALL APPLY WHETHER OR NOT TRYCYCLE DATA SYSTEMS INC. HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

10. Indemnification and Release

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS TRYCYCLE DATA SYSTEMS INC., AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO LAWYERS’ FEES) ARISING FROM YOUR USE OF, ACCESS TO, AND PARTICIPATION IN SERVICES PROVIDED BY THE WEBSITE; YOUR VIOLATION OF ANY PROVISION OF THE TERMS OF USE, INCLUDING THE PRIVACY POLICY; YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, PROPRIETARY, INTELLECTUAL PROPERTY; OR ANY CLAIM THAT YOUR SUBMITTED CONTENT HAS CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THE TERMS OF SERVICE AND YOUR TERMINATION OF YOUR ACCOUNT.

11. Termination

These Terms of Use take effect from the time you start using TryCycle Data Systems Inc.’s Software, Mobile or Web Applications, and services in any capacity, until it is terminated by you and/or TryCycle Data Systems Inc. as follows:

  • TryCycle Data Systems Inc. reserves the right to modify and/or discontinue its services at any time, for any reason and without notice including but not limited to violation of this agreement. You may also terminate your account with TryCycle Data Systems Inc. at any time for any reason by informing TryCycle Data Systems Inc.
  • On such termination, you shall have no more claims on your personal data stored with TryCycle Data Systems Inc. TryCycle Data Systems Inc. will not be responsible for providing this data in any form to your or to any third party service or provider.
  • On termination of your account, you will no longer be able to use your account or services of the platform. Any obligations you may have prior to effective date of termination must be met. TryCycle Data Systems Inc. also retains the right to pursue any action to remedy breach of these Terms of Use. TryCycle Data Systems Inc. retains the right to use your anonymized non-identifiable data in cohort analytics. All applicable sections of this Terms of Use shall survive.

12. Jurisdiction and Governing Law

These terms shall be governed by and construed in accordance with the laws of Ontario and Canada without reference to conflict of laws principles, and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Ontario, Canada. These Terms of Use and associated policies shall be admissible in all legal proceedings. Use of the TryCycle platform and its services is not authorized in any territory of jurisdiction that does not give effect to all provisions of these Terms of Use, including this section.

13. Release for Force Majeure

TryCycle Data Systems Inc. and its officers, directors, employees, agents, content providers, customers and suppliers shall be absolved from any claim of damages resulting from any cause(s) over which TryCycle Data Systems Inc., or they, do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labour problems, wars, or governmental restrictions.

14. General Provisions

  • This Agreement and agreements and policies incorporated by reference hereto contain the entire agreement and understanding of the parties with respect to the subject matter thereof, and supersedes all prior written and oral understandings of the parties with respect to the subject matter thereof.
  • You may not assign or sub-license any of the rights and obligations under this Agreement without prior written consent of TryCycle Data Systems Inc.
  • Any notices in this regard need to be delivered in written format and acknowledged as received. TryCycle Data Systems Inc. may subcontract its responsibilities under this Agreement, without your consent to a third party considered by TryCycle Data Systems Inc. in good faith to be of equal standing and integrity provided that material provisions of this Agreement shall be reflected in any agreement entered into between TryCycle Data Systems Inc. and such third party.
  • No partnership, joint venture, agency or employment relationship is created as a result of these Terms of Use, and neither party has any authority of any kind to bind the other in any respect. If, for any reason any provision of this Agreement is held invalid or otherwise unenforceable, such invalidity or unenforceability shall not affect the remainder of this Agreement, and this Agreement shall continue in full force and effect to the fullest extent allowed by law. The parties knowingly and expressly consent to the foregoing terms and conditions.

15. Restriction on Access to TryCycle Data Systems Inc.

In order to protect the integrity of the website, TryCycle Data Systems Inc. reserves the right at any time in its sole discretion to block Users from certain IP addresses from accessing its Software, Mobile or Web Applications, or services.

Last updated: July 5, 2018