B.A.I. Technologies SA & CanRestoreHealth USER LICENSE AGREEMENT (EULA) – TERMS AND CONDITIONS
Last updated 14.02.2022
The products and apps (the “Products and Apps”) of B.A.I. Technologies SA (the “Company”) and CanRestoreHealth (the “Company”) are owned and/or distributed and operated by B.A.I. Technologies SA and CanRestoreHealth.
All references to “You”, “Your” or the “User” mean the person or persons, using the Products and Apps.
All references to the “Company”, “Us”, “Our” or “We” mean B.A.I. Technologies SA and CanRestoreHealth, companies registered under the laws of their respective jurisdictions, with B.A.I. Technologies SA having its registered address at 6900 Lugano (CH), Via S. Balestra 27, VAT Nr CHE-168.143.050, and CanRestoreHealth having its registered address at LaSalle, Ontario (hereinafter: “B.A.I. Technologies SA and CanRestoreHealth”).
Your access to and the use of the Products and Apps is conditioned on your acceptance of and compliance with these Terms and Conditions (“Terms”) which act as a legal agreement between the User and B.A.I. Technologies SA and CanRestoreHealth.
These Terms apply to all visitors, users, or others who access or use the Products and Apps.
BY ACCESSING OR USING THE PRODUCTS AND APPS YOU AGREE TO BE BOUND BY THESE TERMS, OUR PRIVACY POLICY AND OUR COOKIES POLICY. IF YOU DISAGREE WITH ANY OR PART OF THE TERMS AND/OR PART OF OUR PRIVACY AND COOKIES POLICIES, PLEASE DO NOT DOWNLOAD OR USE THE APP.
B.A.I. Technologies SA and CanRestoreHealth reserve the right, at their sole discretion, to change, modify, add, or remove portions of the Terms, at any time. It is Your responsibility to check these Terms periodically for changes. Your continued use of the Products and Apps following the posting of changes will mean that You accept and agree to the changes.
ELIGIBILITY REQUIREMENTS
You accept and acknowledge that You:
(a) Are of legal age to agree to these Terms and
(b) Have not been previously suspended or removed from using the Products and Apps.
If You are using the Products and Apps on behalf of a legal entity, You further represent and warrant that:
(i) The legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization and
(ii) You are duly authorized by such legal entity to act on its behalf.
The Products and Apps are intended for use by adults of legal age in the jurisdiction in which they reside. If B.A.I. Technologies SA or CanRestoreHealth receive notice or reasonably believe that someone under the legal age has provided them with personal information, they will promptly delete the account and all personal information that has been provided.
TERMINATION
This agreement is effective until terminated by You or B.A.I. Technologies SA and CanRestoreHealth.
B.A.I. Technologies SA and CanRestoreHealth may terminate or suspend access to the Products and Apps immediately without prior notice or liability, for any reason whatsoever, including without limitations if You breach the Terms.
All provisions of the Terms which by their nature shall survive termination including, without limitations, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
GRANT OF LICENSE
B.A.I. Technologies SA and CanRestoreHealth hereby grant You a non-exclusive license to download, execute, and display (to “Use”) the Apps within the scope of functionality set forth in the user manual (Info button on the Apps). B.A.I. Technologies SA and CanRestoreHealth hereby grant You a non-exclusive license to use the Products within the scope of functionality set forth in the information the Companies publish.
NO WARRANTY
You expressly acknowledge and agree that the Use of the App and/or of the Products is at Your sole risk.
You take responsibility for all activities that occur using the Products and Apps and accept all risks of any incorrect evaluation to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, the Products and Apps and any services performed or provided by the Products and Apps are provided “as is” and “as available”, with all faults and without warranty of any kind, and B.A.I. Technologies SA and CanRestoreHealth hereby disclaim all warranties and conditions with respect to the Products and Apps and any services, either express, implied, or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of accuracy, and of non-infringement of third-party rights.
No oral or written information or advice given by B.A.I. Technologies SA or CanRestoreHealth or its authorized representatives shall create a warranty.
LIMITATION OF LIABILITY
To the extent not prohibited by law, in no event shall B.A.I. Technologies SA or CanRestoreHealth be liable for any damages, including incidental, special indirect, or consequential damages whatsoever, as well as, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to Your Use of or inability to Use the Products and Apps, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if You have been advised of the possibility of such damages.
JURISDICTION, TERRITORIAL LIMITATIONS & SEVERABILITY
This agreement and Your Use of the Products and Apps shall be governed by and construed in accordance with the Canada Law and Swiss law, excluding its conflicts of law provisions.
ASSUMPTION OF RISK, LIMITATIONS ON LIABILITY & INDEMNITY
You accept and acknowledge that there are risks associated with the Use of the Products and Apps, including but not limited to the risk of failure of hardware, software, or Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within the Products and Apps.
You accept and acknowledge that B.A.I. Technologies SA and CanRestoreHealth will not be responsible for any communication failures, disruptions, errors, distortions, or delays You may experience when using the Products and Apps, however caused.
INDEMNITY
You agree to indemnify and hold B.A.I. Technologies SA, CanRestoreHealth, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, and affiliates harmless from any demands, loss, liability, claims, or expenses (including attorney’s fees) made against B.A.I. Technologies SA or CanRestoreHealth by any third-party due to or arising out of or in connection with Your Use of the Products and Apps.
INTELLECTUAL PROPERTY
All rights concerning the Products and Apps are the property of and/or fully licensed to B.A.I. Technologies SA and CanRestoreHealth, protected as such by national copyright laws, international treaty provisions, and applicable laws of the country in which it is being used. B.A.I. Technologies SA and CanRestoreHealth shall retain all the rights that are not specified in the Terms.
EXTERNAL SERVICES
The Products and Apps may enable access to B.A.I. Technologies SA’s and/or third-party services, websites, and content (collectively and individually “External Services”). You agree to Use the External Services at Your sole risk. B.A.I. Technologies SA and CanRestoreHealth are not responsible for examining or evaluating the content or accuracy of any third-party External Services and shall not be liable for any such third-party External Services. Data displayed by the Products and Apps or External Services, including but not limited to financial information, is for general informational purposes only and is not guaranteed by B.A.I. Technologies SA or CanRestoreHealth.
You will not Use the External Services in any manner that is inconsistent with the Terms or that infringes the intellectual property rights of B.A.I. Technologies SA or any third party.
To the extent You choose to Use such External Services, You are solely responsible for compliance with any applicable laws.
B.A.I. Technologies SA and CanRestoreHealth reserve the right to change, suspend, remove, disable, or impose access restrictions or limits on any External Services at any time without notice or liability to You.
RELATIONSHIP
Nothing in these Terms is intended to nor shall create any partnership, joint venture, agency, consultancy, or trusteeship. You and the Products and Apps being with respect to one another independent contractors.