READYorNot™ WEBSITE AND APP TERMS OF USE

The READYorNotTM e-Health Mobile Application (the "App") and the READYorNot™ e-Health website (the "Site") are owned by and operated for The Research Institute of the McGill University Health Centre and its Partners (the "Research Institute", "we" or "us"). The App is software that may be used on a mobile device, or through the Site. The App and the Site are collectively referred to as the "Services".

PLEASE CAREFULLY READ THESE TERMS OF USE ("TERMS") BEFORE USING THE SERVICES OR INSTALLING THE APP. THESE TERMS ARE A BINDING CONTRACT THAT GOVERNS USE OF THE SERVICES, EXEMPTS THE RESEARCH INSTITUTE AND ITS PARTNERS AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR LIABILITY AND CONTAINS OTHER IMPORTANT PROVISIONS.

BY CLICKING THE "AGREE/ACCEPT" BUTTON OR INSTALLING OR USING THE APP, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THESE TERMS. IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS, DO NOT INSTALL OR USE THE APP OR SITE. UNAUTHORIZED INSTALLATION OR USE OF THE SITE OR APP IS STRICTLY PROHIBITED.

The Services are intended to be used by young people between 15 and 17 years of age who are participating in a clinical study conducted by the Research Institute and its partners. You may only use the Site and download and use the App where we provide you with a unique identifier code. If you are under 18, you must have the consent of your parent or legal guardian to use the Services and accept these Terms.

WHAT ARE THE SERVICES?

The Services aim to educate and empower youth as they prepare for transition from pediatric to adult care. The App uses a gaming approach in the form of a "Journey in the City" with a mentor who helps the user to navigate to various buildings, and sequentially introduces various educational sections to enhance education and medical information management as well as social skills to enable self-management in preparation for adult health care systems. It supplies a virtual coach, and skill-based achievement challenges, through a training schedule.

The general advice and recommendations provided by the Services are not intended and should never be used to replace or substitute the advice of your physicians or other qualified healthcare professionals. You should consult your own healthcare professional, who is the best source of information regarding your health-related questions. The Services do not monitor the side effects of any treatment. If you experience any side effects, you should contact your own healthcare professional. SHOULD YOU HAVE A MEDICAL CONDITION, PROMPTLY SEE YOUR OWN MEDICAL DOCTOR OR HEALTH CARE PROVIDER. WE DO NOT OFFER PERSONALIZED MEDICAL DIAGNOSIS OR PATIENT-SPECIFIC TREATMENT ADVICE.

YOUR DATA AND PRIVACY

The Research Institute through the Services collects certain information in accordance with the Privacy Policy https://myready.app/privacy. We will only collect your personal information in accordance with the Privacy Policy. By agreeing to these Terms, you also agree to the terms of the Privacy Policy.

To ensure you get the best possible experience from your use of the Services, you may opt in to allow us and our partners to use and share your personal data that you supply through the Services, and to receive push notifications via your smartphone for helpful information, such as explaining new functions in the Services.

APP LICENSE TERMS

1. You may download and use the App, and access the Site, free of charge, apart from any data charges that may apply with your telecom or internet service provider. You cannot buy or order anything via the Services.

2. Subject to these Terms, the Research Institute hereby grants to you a non-exclusive, personal, non-sublicensable, non-transferable, restricted and limited license to use the Services, and download and install the object-code (machine-readable) version of the App on a supported mobile device and use that installed copy of the App, solely for your own personal, non-commercial purposes (the "License"). The License is limited to the intellectual property rights in the Services owned by the Research Institute and its licensors, and does not include or relate to any other intellectual property rights.

3. You may not: (a) use the Services in any manner or for any purpose except as expressly permitted by these Terms; (b) transfer possession of the App to any other person; (c) copy or reproduce the App, except to the extent required to install the App in order to use the App in accordance with these Terms; (d) copy or reproduce any content on the Site, except for your personal use in accordance with these Terms; (e) license, sublicense, sell, rent, transfer, assign, distribute or otherwise give or make available or permit access or use of the Services to or for the benefit of any other person; (f) except as and only to the extent expressly permitted by these Terms or applicable law, modify or create derivative works from or based on the Services, or reverse engineer, disassemble, decompile, convert into human readable format, or otherwise attempt to access or derive the source code of the App; or (g) alter, attempt to circumvent, destroy, obscure, conceal, modify, or remove any notices, proprietary codes or locks, means of identification, rights management information, technological protection measures, or agreements on, in or in relation to, the Services. You will protect the Services against unauthorized access, distribution or use. You will remove the App from your mobile device before you transfer ownership or control of your mobile device to any other person.

4. You will comply with all applicable restrictions, requirements and rules that govern applications downloaded through the application store through which you obtained the App (for example, the Apple App Store or Google Play Store). If you download and use the iOS version of the App, you, the end-user of the App, acknowledge that these Terms are entered into by and between the Research Institute and you and not with Apple Inc. Notwithstanding the foregoing, you acknowledge that Apple Inc. and its subsidiaries are third party beneficiaries of these Terms and that Apple Inc. has the right (and is deemed to have accepted the right) to enforce these Terms. You acknowledge that Apple Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the App. You acknowledge that you have reviewed the App Store Terms and Conditions (currently located at www.apple.com/legal/itunes/canada/terms.html#APPS). These Terms incorporate by reference the Licensed Application End User License Agreement ("LAEULA") published by Apple Inc. (currently located online at www.apple.com/ legal/itunes/appstore/dev/stdeula). For purposes of these Terms, the App is considered the "Licensed Application" as defined in the LAEULA and the Research Institute is considered the "Application Provider" as defined in the LAEULA. If any terms of these Terms conflict with the terms of the LAEULA, the terms of these Terms will control. You further acknowledge and agree that in no event will Apple Inc. be responsible for any claims relating to the App (including a third party claim that the App infringes that third party’s intellectual property rights) or your use or possession of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. For other mobile operating systems, additional terms may apply to your downloading, installation and use of the App, as set out in your agreement with the app store or other download facility that you use.

5. Updates/Upgrades: The Research Institute is not obligated to issue updates or new versions or releases to or of the Services, but we may in our discretion do so and each of those updates, versions or releases of the Services may have different features and functionalities than previous versions of the Services. These Terms apply to each update or new version or release to or of the Services unless we indicate that the update or new version or release is subject to a different agreement.

6. Technical Support: The Research Institute is not obligated to provide technical support regarding the Services, but we may in our discretion do so. Your use of our technical support regarding the Services is governed by these Terms.

7. Usage Information/Feedback: If you give to the Research Institute information or data (including diagnostic and Services analytics data) regarding your use of the Services, or feedback (including any ideas or suggestions for corrections, enhancements or improvements) regarding any of those items, then the Research Institute and its successors, assigns and licensees may use the information and feedback for any and all purposes (including to support, maintain and improve the Services) without providing any compensation or attribution to you or any other person.

8. Ownership: The Research Institute and its licensors own and retain all right, title and interest (including copyright and other intellectual property rights), throughout the world in, to and associated with the Services. Except for the License, you will not acquire any right, title or interest in, to or associated with the Services pursuant to these Terms or otherwise. All rights not expressly granted under these Terms are reserved to the Research Institute and its suppliers and licensors.

9. Termination: These Terms are effective during the term of the Research Institute’s clinical project with you, unless earlier terminated. You may terminate these Terms at any time by uninstalling the App from your devices, and ceasing to use the Services. These Terms will terminate immediately and automatically, without any notice to or from the Research Institute, if you breach these Terms. The Research Institute in its discretion may terminate these Terms upon notice to you in its discretion at any time. Upon termination of these Terms, the License will immediately terminate and you will immediately cease using the Services and permanently uninstall the App from each of your mobile devices. Notwithstanding any other provision of these Terms, the following provisions of these Terms, and all other provisions necessary to their interpretation or enforcement, will survive the termination of these Terms and will remain in full force and effect and be binding upon the Parties as applicable: sections 7, 8, 9, 10, 11 and 13.

10. DISCLAIMERS:

(a) GENERAL DISCLAIMER: YOU INSTALL THE APP AND USE THE SERVICES AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF ANY NATURE OR KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY INCLUDING ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF OR RELATING TO FITNESS FOR A PARTICULAR PURPOSE; MERCHANTABILITY; NON-INFRINGEMENT; LACK OF VIRUSES OR OTHER HARMFUL CODE; AND QUALITY; ALL OF WHICH ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING, THE RESEARCH INSTITUTE DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES WILL BE COMPATIBLE OR OPERATE WITH ANY COMPUTER OR DEVICE, THIRD PARTY SOFTWARE OR SERVICES.

11. LIABILITY EXCLUSIONS/LIMITATIONS AND INDEMNITY:

(a) LIABILITY EXCLUSIONS/LIMITATIONS: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (I) IN NO EVENT WILL THE RESEARCH INSTITUTE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY PERSONAL INJURY OR ANY DAMAGE OR LOSS OF ANY NATURE OR KIND WHATSOEVER (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS, LOSS OF PROFIT, LOSS OF DATA OR INFORMATION, LOSS OF USE, LOSS OF PRIVACY) OR ANY LIABILITY ARISING FROM, CONNECTED WITH, OR RELATING TO THE SERVICES OR ANY RELATED MATTER; AND (II) IF NOTWITHSTANDING THE FOREGOING THE RESEARCH INSTITUTE IS LIABLE TO YOU OR ANY OTHER PERSON, THEN IN NO EVENT WILL THE RESEARCH INSTITUTE’S TOTAL AGGREGATE LIABILITY ARISING FROM, CONNECTED WITH, OR RELATING TO THE SERVICES OR ANY RELATED MATTER EVER EXCEED THE AMOUNT OF CDN$5.00. THIS SECTION 11(a) APPLIES TO LOSS, DAMAGE AND LIABILITY HOWEVER CAUSED AND UNDER ANY THEORY OF LAW (INCLUDING CONTRACT, TORT, STRICT LIABILITY, AND STATUTORY LIABILITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING FUNDAMENTAL BREACH OR GROSS NEGLIGENCE) BY THE RESEARCH INSTITUTE OR ANY PERSON FOR WHOM THE RESEARCH INSTITUTE IS RESPONSIBLE. THE LAWS IN SOME JURISDICTIONS PROHIBIT OR LIMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES, AND SO THE DISCLAIMERS AND LIABILITY EXCLUSIONS AND LIMITATIONS IN THESE TERMS MIGHT NOT APPLY TO YOU.

(b) INDEMNITY: YOU WILL DEFEND, INDEMNIFY AND HOLD HARMLESS THE RESEARCH INSTITUTE FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, COSTS, EXPENSES (INCLUDING LEGAL FEES), CLAIMS, COMPLAINTS, DEMANDS, ACTIONS, SUITS, PROCEEDINGS, OBLIGATIONS AND LIABILITIES (INCLUDING LEGAL FEES AND EXPENSES AND SETTLEMENT PAYMENTS) ARISING FROM, CONNECTED WITH OR RELATING TO YOUR USE OF THE SERVICES, OR YOUR NEGLIGENCE, MISCONDUCT OR BREACH OF THESE TERMS. NOTWITHSTANDING THE FOREGOING, THE RESEARCH INSTITUTE RETAINS THE RIGHT TO PARTICIPATE IN THE DEFENSE OF AND SETTLEMENT NEGOTIATIONS RELATING TO ANY THIRD PARTY CLAIM, COMPLAINT, DEMAND, ACTION, SUIT OR PROCEEDING WITH COUNSEL OF THEIR OWN SELECTION AT THEIR SOLE COST AND EXPENSE.

(c) DEFINITION: IN THIS SECTION 11, THE "RESEARCH INSTITUTE" MEANS THE RESEARCH INSTITUTE AND EACH OF THE RESEARCH INSTITUTE’S AFFILIATES, LICENSORS, SUPPLIERS AND SERVICE PARTNERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SHAREHOLDERS, DISTRIBUTORS, AND REPRESENTATIVES, JOINTLY AND SOLIDARILY.

12. Links: Links to any third party websites and services in the Services do not constitute endorsement of that website or of any products, services or other materials on that website. We do not assume any liability or responsibility whatsoever for their contents. You should review the privacy policies and terms of use of such third party websites and services, as we are not responsible for them.

13. General Matters:

(a) Governing Law: These Terms, the relationship between you and the Research Institute, and all related matters will be governed by, and construed and interpreted solely in accordance with, the laws of the Province of Québec, and applicable federal laws of Canada.

(b) Miscellaneous: No consent or waiver by the Research Institute to or of any breach of these Terms by you will be effective unless in writing and signed by the Research Institute or will be deemed or construed to be a consent to or waiver of a continuing breach or any other breach by you. The Research Institute’s rights and remedies under these Terms are cumulative and not exhaustive or exclusive of any other rights or remedies to which the Research Institute may be lawfully entitled under these Terms or at law, and the Research Institute will be entitled to pursue any and all of its rights and remedies concurrently, consecutively and alternatively. If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid or unenforceable for any reason, then the provision will be deemed severed from these Terms and the remaining provisions will continue in full force and effect without being impaired or invalidated in any way, unless as a result of the severance these Terms would fail in its essential purpose. You may not assign these Terms or any of your rights (including the License) or obligations under these Terms. The Research Institute in its discretion may assign these Terms or any of the Research Institute’s rights and obligations under these Terms. The provisions of these Terms will enure to the benefit of and be binding upon you and Research Institute and your respective successors, permitted assigns and personal representatives.

Entire Agreement/Governing Language: These Terms set forth the entire agreement between you and the Research Institute regarding the subject matter of these Terms, and supersedes all prior or contemporaneous communications, representations, negotiations, discussions, agreements, or understandings, whether oral or written, with respect to the subject matter of these Terms. These Terms may not be modified, except by a written agreement that expressly states that it is an amendment to these Terms and is signed by the Research Institute. Subject to applicable law, any translation of these Terms provided by the Research Institute is for convenience only, and if there is a conflict or inconsistency between the English version and the French version then the English version of these Terms will take priority and govern.

(c) Contact Information: In the event of any question, complaint or concern regarding these Terms or the Services, or for more information, please contact us by email to info@myreadychd.app.

This Policy was last updated on July 1st, 2021.

Should you have any question or concern, please write to info@myreadychd.app or contact the Research Assistant assigned to you!