Terms of Service
Please read the following carefully. IMPORTANT! These Terms of Service (“Terms”) govern the use and access of this website (the “Site”), our mobile application (the “App”) and our services (collectively, the “Services”) which are owned, operated and provided by EleuHealth Technologies Inc. (“Eleu Health”, “we”, “our”, “us”).
As a user of our Services (“you,” “your,” or “Client”), please read these Terms carefully before using our Site, App and Services. Any person who wishes to use our Site, App and Services must accept these Terms without change.
BY USING THE WEBSITE OR BY CLICKING TO ACCEPT THE TERMS, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS, AND OUR PRIVACY POLICY, FOUND AT [www.eleuhealth.com], INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND/OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SITE, THE APP, OR THE SERVICES.
BY USING THIS SITE, YOU REPRESENT AND WARRANT THAT YOU ARE THE LEGAL AGE OF MAJORITY UNDER APPLICABLE LAW TO FORM A BINDING CONTRACT WITH THE ELEU HEALTH AND MEET ALL OF THE FOREGOING ELIGIBILITY REQUIREMENTS. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT ACCESS OR USE THE SITE, THE APP, OR THE SERVICES. IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY, YOU MUST HAVE YOUR PARENT OR LEGAL GUARDIAN’S PERMISSION TO USE THE SITE, THE APP, OR THE SERVICES. IF YOU ARE A PARENT OR LEGAL GUARDIAN AND YOU ALLOW YOUR CHILD (OR A MINOR FOR WHOM YOU ARE RESPONSIBLE) TO USE THE SITE, THE APP, OR THE SERVICES, THEN THESE TERMS APPLY TO YOU AND YOU ARE FULLY RESPONSIBLE AND LIABLE FOR YOUR CHILD’S (OR MINOR’S) USE OF AND ACTIVITIES ON THE SITE, THE APP, AND THE SERVICES.
ELEU HEALTH DOES NOT PROVIDE ANY MEDICAL ADVICE OR COUNSELLING SERVICES VIA THE SITE, THE APP, THE SERVICES OR OTHERWISE. OUR SERVICES PROVIDE YOU WITH AN EASY WAY TO STORE AND CONTROL MEDICAL AND OTHER INFORMATION AS WELL AS PROVIDING YOU WITH TOOLS TO MONITOR AND TRACK YOUR WELL-BEING. WE MAY ALSO RECOMMEND SOME TOOLS AND EXERCISES TO HELP DECREASE STRESS LEVELS AND IMPROVE YOUR FEELING OF WELL-BEING, BUT PLEASE NOTE THAT THE INFORMATION PRESENTED ON THE APP IS EDUCATIONAL IN NATURE. THE CONTENT HAS NOT BEEN CREATED NOR IS IT BEING DELIVERED BY HEALTHCARE PROFESSIONALS. IT IS NOT MEDICAL OR PSYCHOLOGICAL ADVICE NOR SHOULD IT BE VIEWED AS TREATMENT FOR A MEDICAL OR PSYCHOLOGICAL AILMENT, AND IT SHOULD NEVER BE USED AS A SUBSTITUTE FOR SEEKING ADVICE OR TREATMENT FROM A HEALTHCARE PROFESSIONAL.
1. Modifications to terms
This paragraph is not applicable to consumers in the Province of Québec, please see the paragraph immediately below. We may change these Terms or any other policies or guidelines governing our Site, App and Services at any time in our sole discretion. Any changes will be effective upon the posting of the revisions on our Site. Your use of our Site, App and Services will be subject to the most current version of the Terms posted on our Site at the time of such use. Your continued use of our Site, App and Services after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult these Terms regularly. if you do not agree to any changes to these Terms, please immediately discontinue your use of our Site, App and Services.
For consumers in the Province of Québec: We may, from time to time amend any or each of the provisions of these Terms or any other policies or guidelines governing our Site, App and Services in relation to elements provided in the following sections and items: 4 (Your Registration Obligations) 5 (Fees and Payment Terms), 7 (Security), 9 (License Grant and Restrictions on Use), 10 (Additional Terms for Mobile Users), 11 (Reporting and Contact), 14 (Use of our Site, App and Services), 19 (Termination and Return of Data), ELEU Health Pricing Options, by sending you a written notice at least thirty (30) days before the entry into force of the amendment. Such notice, written clearly and legibly, shall exclusively contain the amended terms and their earlier version, the effective date and the notice informing you of your right to refuse the amendment and cancel your subscription, and the related Terms. If the change results in an increase of your obligations or in a reduction of our obligations, you can refuse such change and terminate your subscription, as amended, without penalty or termination fee by sending us a notice of termination within thirty (30) days of the entry into force of the amendment. Upon expiry of this period, you will be deemed to have accepted the changes and any subsequent termination will be in accordance with the terms of the Terms as amended.
In the Province of Québec, a “consumer” means a natural person, except a merchant who obtains goods or services for the purposes of his business.
2. Privacy Policy
Please click here Privacy Policy to read and review our Privacy Policy, which describes our privacy policies and practices in detail, as we may amend such policies from time to time. We advise you to check our Privacy Policy on a frequent basis for changes. You hereby consent to our use of your personal information in accordance with the terms and for the limited purposes described in our Privacy Policy. By agreeing to these Terms, you acknowledge and agree that certain information about you is subject to our Privacy Policy.
3. Intellectual Property
Eleu Health acknowledges that, as between Eleu Health and you, you own all rights, titles, and interests, including all intellectual property rights, in and to the Client data. You hereby grant to Eleu Health a non-exclusive, royalty-free, worldwide licence to reproduce, distribute, and otherwise use and display the Client data and perform all acts with respect to the Client data as may be necessary for Eleu Health to provide the Services to you, and a non-exclusive, perpetual, irrevocable, royalty-free, worldwide licence to reproduce, distribute, modify, and otherwise use and display the Client data incorporated within aggregated statistics.
You understand and agree that the Site, the App and their entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by Eleu Health, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
Eleu Health’s name, trademarks, logos and all related names, logos, product and Service names, designs, images, and slogans are trademarks of Eleu Health or its affiliates or licensors. You must not use such marks without the prior written permission of Eleu Health. Other names, logos, product and Service names, designs, images, and slogans mentioned, or which appear on this Site are the trademarks of their respective owners. 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.
You may only use the Site, the App, and the Services for your personal and non-commercial use. You shall not 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 Site or the App in any form or medium whatsoever except:
a) Your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
b) 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;
c) one single user copy may be downloaded with any proprietary notices intact, for your own personal, non-commercial use, conditional on your agreement to be bound by our end user license agreement for such downloads; and
d) in the event social media platforms; (Linkedin, Instagram, TikTok, Facebook, Youtube) are linked to certain
content on our Site or App, you may take such actions as our Site, App, and such third- party social media platforms permit.
Users are not permitted to modify copies of any materials from this Site or the App nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site or the App. You must not access or use for any commercial purposes any part of the Site, the App or any Services or materials available through the Site or the App.
If you print off, copy, or download any part of our Site in breach of these Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Site or the App or to any content on the Site or the App, and all rights not expressly granted are reserved by Eleu Health. Any use of the Site or the App not expressly permitted by these Terms is a breach of these Terms and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.
4. Your Registration Obligations
You will be required to register and/or set up an account to use certain portions of our Services or App. In order to do so, you may be provided, or required to choose, a password, username, and/or other registration information, including, but not limited to, your personal information (“Registration Information”). You agree and represent that all Registration Information provided by you is accurate and up-to-date. If any of your Registration Information changes, you must update it by using the appropriate update mechanism on our Site or App, if available. If we believe that the Registration Information that you provided is not correct, current, or complete, we reserve the right to refuse you access to our Site, Services or App. However, we have no obligation to verify the accuracy, currency completeness or usefulness of any Registration Information that you have provided to us.
5. Fees*, and Payment Terms
a) Subscription and Payment. Your subscription to the Services will continue month-to- month unless and until you cancel your membership. You agree to pay all fees or charges to your account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide us (via Moneris) with a valid credit card (Visa, MasterCard, or any other issuer accepted by Moneris) of a payment provider (“Payment Provider”), or purchase order information, as a condition to signing up for the Services. Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement, not this Agreement, to determine your rights and liabilities. By providing Eleu Health (via Moneris) with your credit card number and associated payment information, you agree that Eleu Health is authorized to immediately invoice your account for all fees and charges due and payable to Eleu Health hereunder and that no additional notice or consent is required. You agree to immediately notify Eleu Health of any change in your billing address or the credit card account used for payment here under. Eleu Health reserves the right at any time to change its prices and billing methods by e-mail notice to you and to cancel or suspend your subscription for non-payment (see “Automatic Renewal” section below).
b) Service Subscription Fees*. You will be responsible for payment of the applicable fees when you subscribe to the Services (each, a “Service Subscription Fee”), and (a “Service Commencement Date”). To view the specific details of your membership, including the monthly membership price visit eleuhealth.com and click the "Subscription Details" section on your “Account” page. Except as set forth in the Agreement, all fees for the Services are non-refundable. No contract will exist between you and Eleu Health for the Services until Eleu Health accepts your order by a confirmatory e-mail, SMS/MMS message, or other appropriate means of communication.
c) Free Trials. With the exception of jurisdictions that do not permit the free trials as offered, we may make all or part of the Services available to you on a trial basis free of charge (“Free Trial”). The Free Trial shall begin when you submit a registration to us and shall terminate on the earlier of
(i) thirty(30) days after registration or
(ii) the date you give notice you do not wish to continue with the Services. You will not receive a notice from us that your Free Trial period has ended, and the Free Trial will convert to the paid service automatically. UNLESS YOU NOTIFY US THAT YOU WANT TO CANCEL THE FREE TRIAL, YOU UNDERSTAND THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY CONVERT AND YOU AUTHORIZE US (WITHOUT NOTICE TO
YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE PERIODIC SUBSCRIPTION FEE INCLUDING ANY TAXES, USING ANY
PAYMENT METHOD YOU PROVIDED TO US. The Services are provided “as-is” and without warranty of any kind during the Free Trial, and we will not have any liability to you whatsoever in connection with your use of any such Free Trial. For combinations with other offers, restrictions may apply. Eleu reserves the right, in its absolute discretion, to determine your Free Trial eligibility. You may only register for one (1) single Free Trial.
d) Taxes. The payments required under this Section 5 do not include any sales tax that may be due in connection with the Services. If Eleu Health determines it has a legal obligation to collect sales tax from you in connection with this Agreement, Eleu Health shall collect such sales tax in addition to the payments required under this Section
5. e) Automatic Renewal. Your subscription will continue indefinitely until terminated in accordance with the Agreement. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at Eleu Health’s then-current price for such subscription. If you do not wish your Account to renew automatically, or if you want to change or terminate your subscription, please contact Eleu Health at unsubscribe@eleuhealth.com or log in to eleuhealth.com and go to the “Subscription Details” section of your “Account” page. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, unless where it is required by law, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize Eleu Health to charge your Payment Provider now, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if Eleu Health does not receive payment from your Payment Provider,
(a) you agree to pay all amounts due on your Account upon demand and/or
(b) you agree that Eleu Health may either terminate or suspend your subscription and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received). *All applicable Service and subscription fee information is set out at the bottom of these Terms.
6. Username/Password
(a) If you register or set up an account on the Site or App, you will be solely responsible for maintaining the confidentiality of any username, password, and similar information. You may not authorize others to use your username, password, or similar information. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorization, or who has access to any computer on which your account resides or is accessible.
(b) If you have reason to believe that your account is no longer secure (for example, following a loss, theft or unauthorized disclosure or use of your Registration Information), you must promptly change the affected Registration Information by using the appropriate update mechanism on the Site, if available. We will not be responsible for the unauthorized use of your profile by any other person and disclaim any and all liability that may be associated with such use.
(c) This paragraph is not applicable to consumers in the Province of Québec. Please see the paragraph that immediately follows. We have the right to cancel or suspend or terminate your account, your use or your access to the Site, Services or App, as well as remove and delete any information or Registration Information related to the Site or any one of the Services (and terminate your use thereof), for any reason whatsoever and at any time in our sole discretion, without notice and without liability to you or any other person. For consumers in the Province of Québec: If you are not in default in the performance of your obligations under these Terms, and we decide to cancel or terminate your account, your use or your access to the Site, Services or App, as well as remove and delete any information or Registration Information related to the Site or any one of the Services (and terminate your use thereof), we will notify you in writing at least 60 days before the effective date of termination or cancellation. We have the right to cancel or suspend or terminate your account, your use or your access to the Site, Services or App at any time if you are in default in the performance of your obligations under these Terms.
7. Security
You are prohibited from using any services or facilities provided in connection with our Site, Services or App to compromise security or tamper with our system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password-guessing programs, cracking tools or network probing tools) is strictly prohibited. We reserve the right to investigate suspected violations of these Terms and to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone believed to be violating these Terms. The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. The safety and security of your information also depend on you. Users are responsible for obtaining their own access to the Site. Users are required to ensure that all persons who access the Site through a user's internet connection are aware of these Terms and comply with them. It is a condition of your use of the Site that all the information you provide on the Website is correct, current, and complete. Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.
8. No Reliance
Some jurisdictions (including the Province of Québec) do not allow exclusions or limitations on implied warranties, so the following exclusions and limitations may not apply to you.
The content on our Site and the App is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our Site or the App.
Although we make reasonable efforts to update the information on our Site or the App, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Site or the App is accurate, complete, or up to date. Your use of the Site or the App is at your own risk and neither Eleu Health nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors has no/have any responsibility or liability whatsoever for your use of this Site or the App.
This Site or the App may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by the Eleu Health, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Eleu Health. Neither Eleu Health nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors has no/have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.
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9. License Grant and Restrictions on Use
(a) So long as you comply with these Terms, including payment of all applicable subscription fees, Eleu Health hereby grants to you a limited, non-exclusive, non-transferable, revocable, non-sublicensable right to download and use the App on a compatible mobile or desktop device and use the Site solely for the purposes of accessing and using the Services. You may not use our Services or App for any other purpose without our express prior written consent.
(b) The App is licensed, not sold, to you. Except as expressly provided for in these Terms, Eleu Health reserves all rights, title and interest in and to the App and Services, including all intellectual property and other proprietary rights.
(c) You may not and may not authorize any other party to:
(i) co‐brand our Services or App;
(ii) frame our Site; or
(iii) hyperlink to our Site, without the express prior written permission of an authorized representative of Eleu Health. For purposes of these Terms, “co‐branding” means to display any name, logo, trade-mark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute our Services and App or which may confuse a user as the nature of the relationship between us and any party. You agree to cease and desist causing any unauthorized co-branding and framing or hyperlinking upon notice from us and at all times you will cooperate with us following our discovery of any such illegal activity.
(d) Eleu Health may, at any time and without notice to you, suspend, disable, limit or terminate access or use of all or part of the App or the Services for any reason and without any liability to you whatsoever. While Eleu Health takes great care to ensure the App and Services are accurate, errors and/or inaccuracies may occur. Eleu Health may change or update information on the Site at any time without notice, and availability of the Services or the App. We make no representations that the App or Services are compatible with, or will function or operate with your device or equipment.
10. Additional Terms for Mobile Users
(a) Your use of our App must be in accordance with all third-party usage rules and policies that may exist from time to time (“Usage Policies”) applicable to you or your use of our App that may relate to any service provider, mobile device platform or the method you downloaded our App. You are solely responsible for determining the Usage Policies that apply to your use of the App.
(b) Your use of the App that Eleu Health provides to you designed for use on an Apple iOS-powered mobile device (an "iOS App") or an Android-powered mobile device (an “Android App”) requires usage of data services. You acknowledge and agree that you are solely responsible for any and all data fees that your wireless service carrier may charge and any other applicable fees in connection with your use of the iOS App or Android App.
(c) You must not use this App on any device that you know or have reason to believe has had its standard protections and limitations have been removed, including, but not limited to a device that has been “rooted” or “jailbroken”.
(d) The following additional terms and conditions apply with respect to any iOS App:
(i) You acknowledge that these terms are between you and EleuHealth only, and not with Apple, Inc. ("Apple").
(ii) Your use of Eleu Health's iOS App must comply with Apple's then-current App Store Terms of Service, as applicable.
(iii) Eleu Health, and not Apple, is solely responsible for our iOS App and the Services and content available thereon.
(iv) Your use of the iOS App is limited to Apple-branded products that you own or control and as permitted by the Usage Policies set forth in the applicable App Store.
(v) You acknowledge that Apple has no obligation to provide maintenance and support services whatsoever with respect to our iOS App.
(vi) To the maximum extent permitted by applicable law, Apple will have no warranty obligations, whether express or implied by law whatsoever with respect to our iOS App. To the extent not effectively disclaimed, any warranties remain with Eleu Health. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price for iOS App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Eleu Health’s sole responsibility.
(vii) You agree that Eleu Health, and not Apple, is responsible for addressing any claims by you or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to:
(i) product liability claims;
(ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these terms and any law applicable to us as a provider of the iOS App.
(viii) You agree that Eleu Health, and not Apple, shall be responsible, in the event of any third party claim that the iOS App or your possession and use of our iOS App infringes that third party’s intellectual property rights, and Eleu Health, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such third party intellectual property infringement claim.
(ix) You represent and warrant that
(i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and
(ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
(x) You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
(xi) If you have any questions, complaints or claims regarding the iOS App, please contact Eleu Health at support@eleuhealth.com.
(xii) The parties agree that Apple and Apple's subsidiaries are third-party beneficiaries to these terms as they relate to your license of Eleu Health's iOS App. Upon your acceptance of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.
(e) The following additional terms and conditions apply with respect to any Android App:
(i) You acknowledge that these terms are between you and Eleu Health only, and not with Google, Inc. ("Google").
(ii) Your use of Eleu Health's Android App must comply with Google's then-current App Store Terms of Service, as applicable.
(iii) Eleu Health, and not Google, is solely responsible for our Android App and the Services and content available thereon.
(iv) Your use of the Android App is limited to Google-branded products that you own or control and as permitted by the Usage Policies set forth in the applicable Google Play Store.
(v) You acknowledge that Google has no obligation to provide maintenance and support services whatsoever with respect to our Android App.
(vi) To the maximum extent permitted by applicable law, Google will have no warranty obligations, whether express or implied by law whatsoever with respect to our Android App. To the extent not effectively disclaimed, any warranties remain with Eleu Health. In the event of any failure of the Android App to conform to any applicable warranty, you may notify Google and Google will refund the purchase price for Android App to you and to the maximum extent permitted by applicable law, Google will have no other warranty obligation whatsoever with respect to the Android App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Eleu Health’s sole responsibility.
(vii) You agree that Eleu Health, and not Google, is responsible for addressing any claims by you or any third party relating to our Android App or your possession and/or use of our Android App, including, but not limited to (i) product liability claims; (ii) any claim that the Android App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these terms and any law applicable to us as a provider of the Android App.
(viii) You agree that Eleu Health, and not Google, shall be responsible, in the event of any third party claim that the Android App or your possession and use of our Android App infringes that third party’s intellectual property rights, and Eleu Health, not Google, will be solely responsible for the investigation, defence, settlement and discharge of any such third party intellectual property infringement claim.
(ix) You represent and warrant that
(i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and
(ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
(x) You agree to comply with all applicable third-party terms of agreement when using our Android App (e.g., you must not be in violation of your wireless data service terms of agreement when using the Android App).
(xi) If you have any questions, complaints or claims regarding the Android App, please contact Eleu Health.
(xii) The parties agree that Google and Google's subsidiaries are third-party beneficiaries of these terms as they relate to your license of Eleu Health's Android App. Upon your acceptance of these terms, Google will have the right (and will be deemed to have accepted the right) to enforce these terms against you as they relate to your license of the Android App as a third-party beneficiary thereof.
11. Reporting and Contact
(a) This Site is operated by Eleu Health
EleuHealth Technologies Inc.
1000, rue De La Gauchetière Ouest,
bureau 3700
Montréal Québec,
H3B 4W5, Canada
Telephone: +1 (514) 466 4388
(b) Should you become aware of misuse of the Site or App including libellous or defamatory conduct, you must report it to Eleu Health at privacy@eleuhealth.com
(c) All other feedback, comments, requests for technical support, and other communications relating to the Site or the App should be directed to support@eleuhealth.com
12. Geographic Restrictions
The owner of the Site and the App is based in Canada. We provide this Site and the App for use only by persons located in Canada. This Site and the App are not intended for use in any jurisdiction where its use is not permitted. If you access the Site or App from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
13. Hyperlinks
Our Services and App contain hyperlinks to other sites that are not maintained by, or related to, Eleu Health. Hyperlinks to such sites are provided solely as a convenience to you and do not imply any endorsement by Eleu Health of, any affiliation with or endorsement by the owner of the linked site. We have no control over such third party sites. We are not responsible for the availability of such external sites and no endorsement of any third party products or services is expressed or implied by any information, material or content referred to or included on or linked from or to our Services or App. Use of such third party sites, including any information, material and services in these sites, is solely at your own risk. You also understand and agree that our Privacy Policy is applicable only while you are using our Services and App. Once you are linked to another site, you should read the privacy statement of that site before disclosing any personal information.
14. Use of our Site, App and Services
(a) We expect that you will access and use our Site, App and Services in a professional, responsible and business-like manner in accordance with applicable laws.
(b) You further agree that you must use our Site, App and Services for lawful purposes only and represent and warrant that you will not use our Site, App and Services to:
(i) e-mail, provide us with or otherwise transmit any information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(ii) e-mail, provide us with or otherwise transmit any information or content that infringes, misappropriates, or otherwise violates any third party’s copyright, patent, trademark, or other proprietary right of publicity or privacy, or encourages or enables any other party to do so;
(iii) remove any proprietary notices or labels, or any promotional or advertising material, from our Site, App and Services;
(iv) e-mail, transmit or send via the Internet any unsolicited or unauthorized advertising, branding, promotional materials, commercial solicitation, political campaigning, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” contests, sweepstakes and other sales promotions, barter, or advertising or any other form of solicitation;
(v) impersonate any person or entity or misrepresent your affiliation with any other person, company or entity, including without limitation, using a false email address or misleading us as to your identity when you are on our Site or otherwise communicating with us;
(vi) upload, e-mail, send via the Internet or otherwise transmit, any software viruses or any other computer code, files or programs designed to interrupt, destroy, alter, or limit the functionality of any computer software or hardware or telecommunications equipment or that imposes an unreasonable or disproportionately large load on the Site’s infrastructure or limits the functionality of any Eleu Health or third party computer hardware, software, networks, or hardware or telecommunications equipment;
(vii) interfere or attempt to interfere with or disrupt our Site, App or Services including but not limited to our servers or networks connected to our Site, including attempting to interfere with the access of any other user, host or network, including without limitation, overloading, initiating, propagating, participating, directing or attempting any “denial of service” attacks, “spamming”, “crashing”, “flooding” or “mail-bombing” our Site or disobeying any requirements, procedures, policies or regulations of networks connected to our Site, App and Services;
(viii) direct bots, spiders, crawlers, avatars, intelligent agents or any other automated process at our computer systems or otherwise, create unreasonable load upon any of our computer hardware, network, storage, input/output or electronic control devices;
(ix) intentionally or unintentionally violate any applicable local, provincial, national or international law, rule or regulation applicable in connection with our Site, App and Services;
(x) modify, adapt, assign, copy, sublicense, translate, rent, sell, reverse engineer, decompile or disassemble any of our Services or App (except as may be expressly permitted in these Terms), including but not limited to any portion of our Site;
(xi) collect, use, disclose, store or distribute any personal information of a third party without their consent;
(xii) transmit any information or Registration Information known by you to be false, inaccurate or misleading; or
(xiii) transmit any information or Registration Information that is intimate, private or that you would not want the public to view or have access to.
(c) Without limiting the foregoing, you warrant and agree that your use of the Site or the App shall not:
(i) In any manner violate the terms of use of any third-party website that is linked to the Site, including but not limited to, any third-party social media website.
(ii) Include or contain 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 Eleu Health's sole discretion.
(iii) Involve 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.
(iv) Impersonate or attempt to impersonate Eleu Health, an Eleu Health employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).
(v) Encourage any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, may harm the ELEU Health or users of the Site or the App or expose them to liability.
(vi) Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
(vii) Promote any illegal activity, or advocate, promote, or assist any unlawful act.
(viii) Give the impression that they originate from or are endorsed by us or any other person or entity if this is not the case.
15. Disclaimer of Warranties/Limitation of Liability
(a) SOME JURISDICTIONS (INCLUDING THE PROVINCE OF QUÉBEC) DO NOT ALLOW EXCLUSIONS OR LIMITATIONS ON IMPLIED WARRANTIES, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, OR LIABILITY, SO THE BELOW EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Eleu Health represents, warrants and covenants to Client that during the Term:
(a) it has the full power and authority to license the rights to Client contemplated hereunder on the terms and conditions in this Agreement; and (b) the Services will be provided in a professional and workmanlike manner in accordance with the terms of this Agreement.
(b) You understand that we will use commercially reasonable efforts to provide our Site, App or Services but we cannot and do not guarantee or promise any specific and intended results, including but not limited to financial or commercial, from the use of our Site, App or Services. You acknowledge that any reliance on our Services and App will be at your own risk and that you must evaluate and bear all risks associated with the use of our Services and App. YOU ARE SOLELY RESPONSIBLE FOR ANY USE OF AND RESULTS FROM USING OUR SITE, APPS OR SERVICES. YOUR USE OF OUR SITE, APPS AND SERVICES IS ENTIRELY AT YOUR OWN RISK. ELEU HEALTH WILL NOT BE RESPONSIBLE FOR ANY INCORRECT INPUT BY YOU OR ANY OTHER PARTY.
(c) WE DO NOT REPRESENT OR WARRANT THAT FILES OR INFORMATION AVAILABLE FOR ACCESS OR DOWNLOADING FROM THE INTERNET, HYPERLINKED SITES, OUR SITE OR ANY FILES AND EMAILS FROM US WILL BE FREE OF VIRUSES, WORMS, MALWARE, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOUR USE OF THE INTERNET IS AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM ANY INTERNET ACCESS OR OUR SITE, SERVICES, OR APPS.
(d) YOUR USE OF OUR SITE, SERVICES AND APPS IS AT YOUR OWN RISK. OTHER THAN OUR EXPLICIT REPRESENTATIONS AND WARRANTIES OUTLINED HEREIN, OUR SITE, SERVICES AND APPS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NON- INFRINGEMENT OR THOSE ARISING OUT OF A COURSE OF DEALING,
PERFORMANCE OR USAGE OF TRADE. WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING THE AVAILABILITY APPROPRIATENESS, COMPLETENESS, ACCURACY, OR CURRENCY OF OUR SITE, SERVICES OR APPS. FOR GREATER CLARITY, WE DO NOT REPRESENT OR WARRANT THAT:
(i) OUR SITE, APPS OR SERVICES DO NOT AND WILL NOT INFRINGE, OR BE SUBJECT TO ANY INTELLECTUAL PROPERTY CLAIMS, OR A CLAIM OF INFRINGING THE TRADEMARK OR OTHER RIGHTS OF ANOTHER PARTY;
(ii) OUR SITE OR APPS WILL BE UNINTERRUPTED, FUNCTIONAL, SECURE, RELIABLE, ACCURATE, COMPLETE, CURRENT, USEFUL, SUITABLE, SECURE OR ERROR-FREE;
(iii) OUR SITE, APPS OR SERVICES WILL BE SUITABLE, ACCURATE, CORRECT, RELIABLE, COMPLETE, TIMELY, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS IN ANY WAY; (iv) ANY DEFECTS IN OUR SITE, SERVICES OR APPS WILL BE CORRECTED; AND,
(v) WE HAVE VERIFIED OR ENDORSED ANY THIRD PARTY CONTENT. OUR SITE, SERVICES AND APPS MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WE MAY MAKE CHANGES OR IMPROVEMENTS TO THE SITE, SERVICES AND APPS AT ANY TIME.
(e) IN NO EVENT SHALL ELEU HEALTH, ITS SUBSIDIARIES, ITS AFFILIATED ENTITES AS WELL AS THEIR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, THIRD PARTY PROVIDERS, AGENTS OR ADVISORS (“ASSOCIATED PERSONS”) BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF INCOME, LOSS OF PROFITS, LOSS OF ANTICIPATED SALES, LOSS OF OPPORTUNITIES, BUSINESS INTERRUPTION, FAILURE TO REALIZE UNEXPECTED SAVINGS, DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES OR OTHER ECONOMIC OR PERSONAL LOSS ARISING FROM OR IN CONNECTION WITH:
(i) YOUR USE OF OR RELIANCE ON ANY INFORMATION PROVIDED BY US ON OUR SITE, SERVICES OR APPS;
(ii) YOUR USE OF OR INABILITY TO USE OUR SITE, APPS OR SERVICES;
(iii) YOUR VIOLATIONS OF TRADEMARK INFRINGEMENT OR OTHER INTELLECTUAL PROPERTY RIGHTS;
(iv) ANY FAILURE OF PERFORMANCE OF OUR SITE, SERVICES AND APPS, WHETHER RELATED TO ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES OR LINE FAILURE;
(v) THE UNAUTHORIZED USE OF YOUR ACCOUNT AND PASSWORD BY ANY PERSON;
(vi) ANY THIRD PARTY CONTENT OR HYPERLINKED SITES;
(vii) YOUR REGISTRATION INFORMATION OR INFORMATION THAT YOU TRANSMITTED OR SHARED THROUGH OR IN CONNECTION WITH OUR SERVICES; OR
(viii) ANY OTHER MATTERS RELATING TO OUR SITE, SERVICES AND APPS, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, FUNDAMENTAL BREACH, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE, WHETHER OR NOT WE HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT YOU MIGHT INCUR SUCH DAMAGES. THE LIMITATIONS ON ELEU HEALTH’S LIABILITY OR THE LIABILITY OF ASSOCIATED PERSONS TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT ELEU HEALTH OR SUCH ASSOCIATED PERSONS HAVE BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
(f) WE DISCLAIM ANY AND ALL SUCH ABOVE REPRESENTATIONS, WARRANTIES AND CONDITIONS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
16. Indemnity
You agree at all times to defend, indemnify and hold harmless Eleu Health, its subsidiaries, its affiliated entities as well as their employees, contractors, agents, officers, directors, successors and assigns (the “Indemnified Parties”) from and against any claims, losses, judgements, actions, proceedings, damages, costs and expenses (including without limitation, reasonable legal and other fees and disbursements) incurred by any of the foregoing parties due to or resulting from your use or misuse of our Site, Services or App, or from your violation of these Terms, including your failure to appropriately obtain consent from a third party. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of our Site, Services and App, including but not limited to trademark infringement or other intellectual property claims from third parties.
17. Governing Law; Jurisdiction
This provision is not applicable to consumers in the Province of Québec, where the matter will be subject to the courts of the Province of Québec. These Terms and any action related thereto or related to our Site, Services or App shall be governed, controlled, interpreted and defined by and under the laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any principles of conflicts of laws. The United Nations Convention on the International Sale of Goods is explicitly excluded from this agreement. You agree that any action at law or in equity arising out of or relating to these Terms or your use of our Site, Services or App will be filed only in a court located in Toronto, Ontario, Canada, and you hereby irrevocably and unconditionally consent and submit to the non-exclusive jurisdiction of such courts for the purpose of any such action. Your use of our Site, Services and App is void where prohibited by laws in jurisdictions to which you are otherwise subject, and you agree not to visit or use our Site, Services or App in any such circumstances.
18. Termination and Return of Data
You acknowledge and agree that these Terms shall remain in effect for so long as you use our Site, Services or App. You agree that this agreement can only be terminated by you once you have stopped using our Site, Services or App. We reserve the right to suspend or terminate your use of our Site, Services or App and remove and discard any information or Registration Information related to you and your use of our Site, Services or App at any time, for any reason, with or without cause, if we believe that you are violating these Terms in any way. If you wish to terminate your account, you may choose to cease use of the Site or to send us a notification. If you are dissatisfied with our Site, Services or App, including these Terms, your sole remedy is to discontinue using our Site, Services or App by ceasing to use the Site and App, which includes ceasing to use the Services. Upon written request by Client, we will make Client data (“Client Data”) available through the Service on a limited basis solely for purpose of Client retrieving such data for a period of up to thirty (30) days after such request is received by Eleu Health. After such period, Eleu Health will have no obligation to maintain or provide any Client Data and will thereafter, unless legally prohibited, delete all such information; provided however, Eleu Health or its subcontractors will not be required to remove copies of Client Data from its backup media and servers until such time as the backup copies are scheduled to be deleted, provided further that in all cases v Health will continue to protect the Client Data in accordance with this Agreement.
19. Entire Agreement
These Terms and any of our other legal notices, policies and guidelines linked to these Terms constitute the entire agreement between you and Eleu Health relating to your use of our Site, Services and App and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter and the Terms may not be amended or modified except in writing or by making such amendments or modifications available on our Site.
20. No Agency; Third Party Beneficiary
We are not your agent, fiduciary, trustee, or other representative. Nothing expressed or mentioned in or implied from these Terms is intended or will be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to these Terms. These Terms and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of you, Eleu Health and the Associated Persons.
21. Assignment
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder without our prior written consent. Eleu Health may assign these Terms and the rights and obligations granted hereunder without your consent.
22. Severability
If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
23. No Waiver
We will not be considered to have waived any of our rights or remedies described in these Terms unless the waiver is in writing and signed by us. No delay or omission by us in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Our failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms.
24. Headings
The headings used in these Terms are included for convenience only and have no legal or contractual effect and shall not affect the construction or interpretation of these Terms.
25. Language
The parties acknowledge that they have required that these Terms and all related documents be prepared in English.
Les parties reconnaissent avoir exigé que les présentes modalités et tous les documents connexes soient rédigés en anglais.
26. Last Modified
These Terms and Conditions were last modified on June 30th, 2023.
