Terms & Waiver

[cs_content][cs_element_section _id=”1″ ][cs_element_layout_row _id=”2″ ][cs_element_layout_column _id=”3″ ][cs_element_text _id=”4″ ][cs_content_seo]Terms & Conditions
Last updated: 5 March 2021
1. Legal Agreement
The following terms and conditions (“Terms and Conditions”) for the use of our website located at https://trycycledata.com (our “Website”), our clinical portal located at the URL provided to you by TryCycle, if applicable, (“Clinical Portal”) and our mobile application, “TryCycle App” (“App”), together with any documents and/or additional terms they expressly incorporate by reference, including our Privacy Policy, constitute a legal agreement (“Agreement”) between you and TryCycle Data Systems Inc. (“TryCycle”/“us”/”our”/”we”), which is the owner and operator of the Website, Clinical Portal and App. By using or downloading our Website, Clinical Portal or App, you agree to be legally bound by this Agreement. If you do not accept the terms of this Agreement, you must not use or download our Website, Clinical Portal or App.
TryCycle may revise this Agreement at any time without notice. Use of our Website, Clinical Portal or App after such changes are posted, will indicate your acceptance of the revised terms. Unless stated otherwise, any new features that may be added to our Website, Clinical Portal or App, from time to time, will be subject to these Terms and Conditions. You should visit this page periodically to review the then-current Terms and Conditions.
AGE REQUIREMENT: By downloading or using our App, you represent and warrant that you are at least 18 years of age or, if you are under the age of 18 (“Minor User”), you represent and warrant that your parent or legal guardian consents to your downloading and use of this App, and agrees to be bound by this Agreement and to be responsible for your use of our App.
NOTICE TO PARENTS AND LEGAL GUARDIANS: If you consent to a Minor User downloading and using our App, you represent and warrant that you are such Minor User’s parent or legal guardian, that you consent to such Minor User’s use of our App, and that you agree to be bound by these Terms and Conditions and our Privacy Policy on behalf of such Minor User, including without limitation, being liable for all use of our App by such Minor User.
2. Description of our App
Our App must be prescribed to a patient by their health care provider in order to access it. Our App allows patients who are in treatment for substance use, opioid addiction, depression, anxiety, and/or other health conditions to check-in, self-evaluate and submit personal assessments and written or verbal diary entries directly into our App, at a frequency defined by the patient’s health care provider(s). Our App is connected to our Clinical Portal, which allows health care providers to monitor behaviours and warning signs of relapse and other health issues. TryCycle’s software gathers real-time behavioural input from each patient, applies predictive analytics, and returns a calculated result to each patient’s health care provider to be used as an add-on to such patient’s existing support and treatment program.
3. Use and Security of our Website, Clinical Portal and App
Our Website, Clinical Portal and App are secured through encryption technologies, and your App and Clinical Portal account, as applicable, will be password protected. All personally identifiable information and personal health information, as defined in the Personal Health Information Protection Act (Ontario) and in our Privacy Policy, collected through our Website, Clinical Portal and App will be held in the strictest confidence by TryCycle to the extent permitted by law and in accordance with our Privacy Policy and information practices. Other than as outlined in our Privacy Policy, TryCycle will not use, transfer, sell or disclose your personally identifiable information or personal health information to anyone. By downloading and using our Website, Clinical Portal or App, you consent to the collection, use and disclosure of your personal information and personal health information by TryCycle as described in this Section 3 and in our Privacy Policy. If you wish to withdraw your consent, TryCyle will assist you with removing or disabling the App from your device upon request.
Unless otherwise explicitly stated herein or in our Privacy Policy, any non-personal information or material, including but not limited to any submissions or posts in public areas of our Website or App (“User Submissions”) or suggestions, reviews, comments or feedback sent to TryCycle related to any aspect of our Website, Clinical Portal or App (“Feedback”), will be deemed NOT to be confidential. By making User Submissions or by sending such Feedback to TryCycle, you grant TryCycle an unrestricted, irrevocable licence to use, reproduce, display, perform, modify, transmit and distribute such User Submissions and Feedback, and you agree that TryCycle is free to use any ideas, inventions, concepts, know-how or techniques you send to TryCycle for any purpose. You agree that you waive your moral rights to be identified as the author of such User Submissions and Feedback and that TryCycle may modify your User Submissions and Feedback. However, TryCycle will not release your name or otherwise publicize the fact that you made User Submissions or submitted Feedback or other information or materials unless you grant TryCycle permission to do so or TryCycle is required to do so by law.
To protect the integrity of our Website, Clinical Portal, App and services, TryCycle reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing our Website, Clinical Portal, App and services.
4. Intellectual Property Rights and Ownership
Our Website, Clinical Portal, App and the information they contain are the property of TryCycle or its licensors and are protected from unauthorized copying and dissemination by copyright law, trademark law, patent law, industrial design law, and other intellectual property laws. Subject to these Terms and Conditions, TryCycle grants to you a revocable, non-transferable, non-exclusive licence to download, install, and use one copy of our App on a mobile device or other supported device that you own or control for your personal, non-commercial use (the “Licence”). The App is hereby licensed to you and not sold. Source code as well as any other information pertaining to the logic, design, or structure of the App, including the object or executable code form thereof, is specifically excluded from the Licence granted hereunder.
Title to our Website, Clinical Portal and App, and all documentation and material whatsoever related thereto, shall at all times remain with TryCycle, and all intellectual property rights of whatever nature with respect thereto shall be and remain the exclusive property of TryCycle. Nothing in this Agreement gives you a right to use TryCycle’s names, trademarks, logos, domain names, and other distinctive brand features without prior written consent from TryCycle. Any future release, update, or other addition to functionality of our Website, Clinical Portal or App shall be subject to the terms of this Agreement. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
5. Rules of Conduct
It is a condition of your use of our Website, Clinical Portal and App that you use our Website, Clinical Portal and App only for lawful purposes and in accordance with this Agreement and that you do not:
(a) attempt to circumvent and violate the security of our Website, Clinical Portal and App, including, without limitation:
(i) accessing content and data that is not intended for you;
(ii) attempting to breach or breaching the security and/or authentication measures which are not authorized;
(iii) restricting, disrupting or disabling service to users, hosts, servers or networks;
(iv) illicitly reproducing TCP/IP packet header;
(v) disrupting network services and otherwise disrupting our Website, Clinical Portal or App owner’s ability to monitor our Website, Clinical Portal or App;
(vi) using any robot, spider or other automatic device, process or means to access our Website, Clinical Portal or App for any purpose, including monitoring or copying any of the material on our Website, Clinical Portal or App;
(vii) introducing any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful; (h) attacking our Website, Clinical Portal or App via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and
(viii) otherwise attempting to interfere with the proper working of our Website, Clinical Portal or App.
(b) access or use for any commercial purposes any part of our Website, Clinical Portal or App or any services or materials available through our Website, Clinical Portal or App;
(c) directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, Clinical Portal or App, in any form or medium whatsoever nor delete or alter any copyright, trademark or other proprietary rights or notices from copies of materials from our Website, Clinical Portal or App except:
(i) Your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
(ii) A reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication or distribution of any kind on any medium whatsoever;
(iii) One single User copy may be downloaded with any proprietary notices intact, for your own personal, non-commercial use; and
(iv) In the event that social media are linked to certain content on our Website, Clinical Portal or App, you may take such actions as our Website, Clinical Portal, App and such third-party social media platforms permit.
(d) use our Website, Clinical Portal or App or make User Submissions that:
(i) Are for any purposes other than logging and submitting your data to and communicating with your authorized health care providers;
(ii) In any manner violates any applicable federal, provincial, local or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy;
(iii) In any manner, violates the terms of use of any third-party website that is linked to our Website, Clinical Portal or App, including but not limited to, any third-party social media website;
(iv) Includes or contains any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory or discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in TryCycle’s sole discretion;
(v) Involves stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations or code;
(vi) Involves, provides or contributes any false, inaccurate or misleading information;
(vii) Includes sending, knowingly receiving, uploading, downloading, using or reusing any material that does not comply with these Terms and Conditions;
(viii) Impersonates or attempts to impersonate TryCycle, a TryCycle employee, volunteer, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
(ix) Transmits, or procures the sending of, any advertisements or promotions without our prior written consent, sales or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter or advertising or any other similar solicitation;
(x) Encourages any other conduct that restricts or inhibits anyone’s use or enjoyment of our Website, Clinical Portal or App, or which, as determined by us, may harm TryCycle or users of our Website, Clinical Portal or App or may expose TryCycle or other users to liability;
(xi) Causes annoyance, inconvenience or needless anxiety or be likely to upset, embarrass or alarm any other person;
(xii) Promotes any illegal activity, or advocates, promotes or assists any unlawful act; or
(xiii) Gives the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.
6. Free Trials
For our non-patient, clinician/health care professional customers, if you choose to use a free trial of our Clinical Portal and/or App, TryCycle will make such free trial service available to you on a trial basis, free of charge, until the earlier of (a) the end of the free trial period for which you agreed to use such free trial service, (b) the start date of any future subscription for our Clinical Portal and App purchased by you for such service, or (c) termination of the free trial service by TryCycle in its sole discretion. A free trial period may be extended upon mutual agreement by TryCycle and you. All Terms and Conditions herein apply to such free trial.
You agree that during the term of your free trial service, you will not input into our Clinical Portal or App any patient personally identifiable information or personal health information, as defined in the Personal Health Information Protection Act (Ontario) and in our Privacy Policy. For more information related to the privacy of information input into our free trial service Clinical Portal platform, please see our Privacy Policy.
7. Medical Emergency
Our website and App are not intended for use during immediate medical emergencies or to provide immediate aid in such circumstances. If you are experiencing a medical emergency, please contact your local emergency services or seek professional medical help. Any content on our Website or App, or that is otherwise obtained from TryCycle is provided for general information purposes only; it is not intended to amount to advice, including medical advice, on which you should rely. Our services do not include the provision by TryCycle of health care services, mental health services or any other professional services, and TryCycle does not recommend or endorse any health care professionals. We advise you to always seek the advice of a physician or other regulated health professional if you have or suspect that you have a medical problem or condition. Never disregard, avoid or delay obtaining medical advice from your physician or other regulated health professional because of something you have read on our Website, our App, third-party websites or otherwise obtained from us. You are solely responsible for making decisions with respect to your health care providers and treatment.
8. Disclaimer
Our Website, Clinical Portal and App are provided “as is”. While TryCycle endeavors to provide accurate, current and timely information, TryCycle makes no representation, warranties or covenants of any kind, express or implied, statutory or otherwise, regarding our Website, Clinical Portal or App including, without limitation, no representation, warranty or covenant that: (i) our Website, Clinical Portal or App and their contents will be accurate, complete, current, reliable, timely, of merchantable quality or suitable for a particular purpose; (ii) the operation of our Website, Clinical portal or App will be uninterrupted or error free; (iii) our Website, Clinical Portal or App shall process date and time-related data without causing any processing interruptions, abnormal termination or without processing or manipulating any time-related data; (iv) our App will not disappear or be erased from your device; (v) our Website, Clinical Portal or App will be free from material defects or that defects or errors, whether human or computer errors, in our Website, Clinical Portal or App will be corrected; (vi) our Website, Clinical Portal or App will be free from viruses or harmful components that may damage or infect your device or other property; and that (vii) communications to or from our Website, Clinical Portal or App will be secure and/or not interrupted.
Transmission of information via the Internet is not completely secure. Although TryCycle does its best to protect your information, TryCycle cannot guarantee the security of your information transmitted to our Website, Clinical Portal or App. Neither TryCycle nor its officers, directors, employees, agents, licensors and their respective successors and assigns assume no liability resulting from the release of any information or material contained in or entered in our Clinical Portal or App. You acknowledge and agree that your access to and use of our Website, Clinical Portal and App is at your own risk.
9. Limitation of Liability
In no event shall TryCycle or its officers, directors, employees, agents, licensors, and their respective successors and assigns be liable for damages of any kind, including, without limitations, any direct, indirect, special, punitive, incidental, exemplary, consequential or other damages of any kind, including, without limitation, any loss or damages in the nature of or relating to medical or personal injury; wrongful death; inaccurate information; lost business; or any other loss incurred in connection with your or your health care provider’s use, misuse or reliance upon our Website, Clinical Portal or App (including the free trial version of our Clinical Portal and App); your or your health care provider’s inability to use our Website, Clinical Portal or App; or the medical care you receive, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if TryCycle knew of or ought to have known of the possibility of such damages.
To the fullest extent provided by law, TryCycle will not be liable for any loss or damage caused by denial-of-service attack, distributed denial-of-service attack, overloading, flooding, mailbombing or crashing, viruses, trojan horses, worms, logic bombs, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our Website, Clinical Portal or App or to your downloading of any material posted thereon or on any website linked to our Website or App.
TryCycle disclaims any and all liability for the acts, omissions, conduct or content provided by any third-party user of our Website, Clinical Portal or App (including the free trial version of our Clinical Portal and App); any advertiser or sponsor of our Website, Clinical Portal or App; any health care providers; and any third-party licensors. Under no circumstances shall TryCycle or its officers, directors, employees, agents, licensors, or their respective successors and assigns be liable for any injury, loss, damage of any kind (including direct, indirect, special, punitive, incidental, or consequential damages), or expense arising in any fashion whatsoever from the acts, omissions, conduct, content provided by or statements and opinions expressed by any third-party, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if TryCycle knew of or ought to have known of the possibility of such damages.
10. Indemnity
You agree to indemnify, defend, and hold harmless TryCycle and its officers, directors, employees, agents, licensors, subsidiaries, affiliates, and their respective successors and assigns, from and against any and all claims, actions, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from: (i) your breach of any of these Terms and Conditions; (ii) your or (your health care provider’s) download, use, or misuse of, or reliance upon, or inability to access or use our Website, Clinical Portal or App (including the free trial version of our Clinical Portal and App); (iii) your use or access of any linked websites, such as third-party websites; (iv) any User Submissions, content, materials, posting or information on our Website, Clinical Portal or App (including the free trial version of our Clinical Portal and App); (v) unauthorized access to or alteration of your account, login credentials, transmissions or data, including your or your health care provider’s failure to keep passwords, account details and any personal Information or personal health information secure and confidential; (vi) statements or conduct of any third-party; (vii) changes to our Website, Clinical Portal or App; (viii) outcomes in your treatment or engagement with your health care providers; (ix) inaccuracy of the information you or your health care provider enters or allow someone else to enter into our Clinical Portal or App; or (x) misuse of information transmitted to or by your health care providers or otherwise.
11. Modifications to our Website, Clinical Portal and App
TryCycle reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, our Website, Clinical Portal or App or any part thereof, with or without notice to you. TryCycle shall not be liable to you or to any third party for any modifications, suspension or discontinuance of our Website, Clinical portal or App or any part thereof. If TryCycle becomes involved in a merger, acquisition, or a sale of some or all of its assets, TryCycle reserves the right to re-brand or relocate its services.
12. Termination
TryCycle may, in its sole discretion, cancel or terminate your right to use our Website, Clinical Portal or App or any part of thereof at any time without notice. Cause for such termination may include, but is not limited to: (a) breaches or violations of this Agreement or any other agreement that you may have with TryCycle; (b) requests by law enforcement or other government agencies; (c) a request by you; (d) discontinuance or material modification to our Website, Clinical Portal or App or any part thereof; (e) unexpected technical, security, or legal issues or problems; and/or (f) participation by you, directly or indirectly, in fraudulent or illegal activities.
In the event of termination, you are no longer authorized to download our Website, Clinical Portal or App or the part of the Clinical Portal or App affected by such cancellation or termination. The restrictions imposed on you with respect to the disclaimers and limitations of liabilities set out in this Agreement shall survive termination of this Agreement. TryCycle shall not be liable to you or to anyone else for such termination. Any termination by TryCycle of this Agreement and your right to use our Website, Clinical Portal and App shall be in addition to any and all other rights and remedies that TryCycle may have.
13. Use Prohibited where Contrary to Law
Use of our Website, Clinical Portal or App is unauthorized in any jurisdiction where the Website, Clinical Portal or App may violate any laws or regulations. You agree not to access or use our Website, Clinical portal or App in such jurisdictions. You agree that you are responsible for compliance with all applicable laws and regulations. Any contravention of this provision, or any provision of this Agreement, is entirely at your own risk.
14. Anti-Spam Legislation
Canada enacted legislation regulating certain activities that discourages reliance on electronic means of carrying out commercial activities (“Anti-Spam Legislation”). The Anti-Spam Legislation prohibits the sending to an electronic address of a commercial electronic message (an electronic message that, having regard to the content of the message, the hyperlinks in the message to content on a website or other database, or the contact information contained in the message, it would be reasonable to conclude has as one of its purposes to encourage participation in a commercial activity, or “CEM”), unless the person to whom the message is sent has consented to receiving it, whether the consent is expressed or implied, the message is in a form that identifies the person who sent the message and the person – if different – on whose behalf it is sent, provides information enabling the person to whom the message is sent to readily contact such person, and sets out an unsubscribe mechanism. By downloading, accessing, and/or using our App, you agree that you are entering into a commercial relationship with TryCycle, that you are granting TryCycle (and our App) access to your personal information, and that you are impliedly authorizing and do otherwise hereby authorize TryCycle to send you CEMs relating to our App or TryCycle, whether such CEMs are sent to you through our App, at an electronic mail account or an instant messaging account. You also agree to allow TryCycle to occasionally provide you with a CEM on behalf of TryCycle that you can forward to your contacts if you so choose. In all such circumstances, TryCycle will be identified in the CEM, appropriate contact information of CEM will be provided, and an unsubscribe mechanism will be set out wherever possible.
The Anti-Spam Legislation also provides that a person must not, in the course of a commercial activity, install or cause to be installed a computer program on any other person’s computer system (i.e. any device that contains computer programs or other data and performs logic and control, and that may perform any other function) or, having installed or caused to be installed a computer program, cause an electronic message to be sent from that computer system, unless the person has obtained the express consent of the owner or an authorized user of the computer system. By downloading, accessing, and/or using our App, you expressly authorize and do otherwise hereby expressly authorize TryCycle to install or cause to be installed a computer program on your computer system in order for our App to operate (whether such computer system is a computer, mobile device, tablet, network, etc.), and that you expressly authorize and do otherwise hereby expressly authorize an electronic message relating to the App to be sent from your computer system. If you wish to withdraw your consent, TryCycle will, upon request, assist you in removing or disabling the App from your computer system and/or assist you in causing the electronic messages to cease being sent from your computer system as soon as practicable.
15. Governing Law
Our Website, Clinical Portal, App and these Terms and Conditions shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of law or your place of residence. You agree and hereby submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to all matters relating to your access and use of our Website, Clinical Portal and App, to these Terms and Conditions, as well as any dispute that may arise therefrom.
16. Relationship of the Parties hereto
No partnership, joint venture, agency or employment relationship is created as a result of this Agreement, and neither party to this Agreement has any authority of any kind to bind the other in any such respect.
17. Force Majeure
TryCycle and its officers, directors, employees, agents, content providers, customers and suppliers shall not be liable or responsible to you, nor be deemed to have defaulted or breached the Agreement for any failure or delay in fulfilling or performing any of these Terms and Conditions or in providing our services when and to the extent that such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of TryCycle and its officers, directors, employees, agents, content providers, customers and suppliers, including but not limited to, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities, terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, governmental emergency orders or restrictions, lock-outs, strikes or other labour disputes, restraints or delays affecting carriers or inability or delay in obtaining suppose of adequate or suitable materials, materials or telecommunication breakdown, 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 or power outage. Notwithstanding the foregoing, this agreement shall continue in full force and effect.
18. Severability
If any provision of this Agreement is determined to be invalid or unenforceable, in whole or in part, by any court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
19. Waiver
Any consent by TryCycle, either express or implied, to, or waiver of, a breach of this Agreement shall not constitute a consent to, or waiver of, any other or subsequent breach. No provision in this Agreement may be amended or waived except in writing.
20. Benefit of the Agreement
This Agreement shall enure to the benefit of TryCycle and its successors and assigns, and shall be binding on you, your heirs, executors, administrators, successors and permitted assigns. You may not assign this Agreement or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without the prior written consent of TryCycle.
21. Entire Agreement
These Terms and Conditions and our Privacy Policy constitute the entire Agreement between you and TryCycle relating to your download and use of our Website, Clinical Portal and App. This Agreement supersedes and invalidates all prior representations, warranties, understandings, and agreements between you and TryCycle relating to the subject matter of this Agreement.
22. Contact Us
Notices under and questions or comments regarding this Agreement or our Website, Clinical Portal or App should be directed to Geoff Schaadt at info@nulltrycycledata.com or by regular mail to one of the addresses below:
United States
TryCycle Data Systems Inc.University of ConnecticutTechnology Incubation Program BuildingRoom R1844400 Farmington AveFarmington, CT 06032
Canada
TryCycle Data Systems Inc.1296 Carling AveSuite 300Ottawa, ON K1Z 7K8\n\n[/cs_content_seo][/cs_element_layout_column][/cs_element_layout_row][/cs_element_section][/cs_content]