Last Updated: 12th Oct, 2023
Aciana Health Technologies (“Aciana”, “we”, “us” or “our” and terms of similar meaning) provides the “Docisn Face Scanner” application (“Docisn Face Scanner”), and its websites located at www.aciana.com, to help you measure, track, and record your personal wellness status including, but not limited to heart rate, stress and blood pressure. We refer to the services provided by or through Docisn Face Scanner and the Sites as the “Services”.
Please read these Terms carefully before using the Services. By accessing or using the Services, you agree that you have read, understand, and agree to be legally bound by these Terms. You state that you possess all the necessary legal authority to accept these Terms on behalf of yourself. If you do not agree to be bound by these Terms in their entirety, you may not use the Services.
Change and Modifications
We reserve the right to, at our sole discretion, modify, discontinue, or terminate the Sites, Services or Docisn Face Scanner or to modify these Terms, at any time and without prior notice. Unless otherwise specified, any modifications to these Terms will be effective immediately upon being posted, and your continued use of the Services following any such modifications will be deemed acceptance thereof. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Services. The Terms will always show the ‘last updated’ date at the top.
If you do not agree to the modified Terms, you must stop using the Services. You can cancel your account with us without further obligation, except for any amounts that may be due for the balance of the billing period in which you cancel your account (if your billing period is monthly, we will prorate your account to the nearest month-end after cancellation).
Our Services are not intended to be used by minors. You must be at least eighteen (18) years old to use the Services. If we determine that you are under the age of eighteen (18), we will terminate your use of the Services.
If you intend to use the Services on behalf of a company, partnership, association, government or any entity or organization (“Organization”), then such use may not be undertaken pursuant to these Terms but must rather be undertaken pursuant to a Services Agreement agreed to by the Organization.
To access the Services, you are required to create a personal account by providing accurate, true, current, and complete information about yourself as prompted by the relevant registration processes (the “Registration Data”). You must promptly update your Registration Data as necessary to ensure it remains accurate, true, current, and complete.
If you provide any Registration Data that is untrue, inaccurate, not current, or incomplete, or Aciana has reasonable grounds to believe that such Registration Data is untrue, inaccurate, not current, or incomplete, Aciana has the right to suspend or terminate your access to or use of the Services.
Any account that you open with us is personal to you and you are prohibited from gifting, lending, transferring or otherwise permitting any other person to access or use your account.
You may be asked to create, or you may receive a password and username designation upon completing the registration process. Such passwords or usernames will be for exclusive and non-transferable use by you. You are responsible for safeguarding the confidentiality of the password and you are fully responsible for all activities that occur under your password or account. We are not liable for any loss or damage caused by your failure to maintain the confidentiality of your account credentials.
You agree that you will not use another person’s and entity’s information including username, password, or other account information. You also agree to notify us promptly of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to Services.
If there is an indication that you are in breach of these Terms, or that your account has been compromised, Aciana may suspend, restrict, or remove your access to the Services immediately without prior notice. Aciana may also remove your account or restrict your access to the Services if you have not accessed or utilized the Services for more than six (6) months.
Further, as a condition of using the Services, you must:
* not attempt to undermine the security or integrity of Aciana’s computing systems or networks or, where Docisn Face Scanner, the Sites or Services are hosted by a third party, that third party’s computing systems and networks.
* not use, or misuse, Docisn Face Scanner, the Sites or Services in any way which may impair their functionality, or the functionality of other systems used to deliver the Services or impair the ability of any other user to use Docisn Face Scanner, the Sites or Services.
* not attempt to gain unauthorized access to any materials other than those to which you have been given express permission to access or to the computer system on which Docisn Face Scanner, the Sites or Services are hosted.
* not use Docisn Face Scanner, the Sites or Services to transmit any files that may damage any other person’s computing devices or software, content that may be offensive, or material or data in violation of any law (including data or other material protected by copyright or trade secrets which you do not have the right to use); and
* not attempt to modify, copy, adapt, reproduce, disassemble, decompile, or reverse engineer any computer programs used to deliver the Services except as is strictly necessary to use either of them for normal operation.
Our Content and Intellectual Property
In these Terms the content and materials, including without limitation software, information, data, logos, marks, designs, images, text, graphics, buttons, domain names, meta-tags and the general ‘look and feel’, contained in or available through the Services (including, without limitation, Docisn Face Scanner and the Sites) is called “Content”.
Other than your User Content (defined below), all Content and all software available on or in respect of the Services or used to create and operate the Services (including, without limitation, Docisn Face Scanner and the Sites), and any future updates, upgrades and new versions thereof is the property of Aciana or its licensors, and is protected by Indian and international intellectual property laws, and all rights to the Services, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company
names or logos mentioned in the Services are the property of Aciana and its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Aciana.
The limited license granted to you under these Terms does not convey any rights in the Services, express or implied, or ownership in the Services or any intellectual property rights thereto. Any rights not expressly granted herein are reserved by Aciana.
Your Use of the Services
The Services provided by us are for your personal, non-commercial use only. You may not use the Services to sell a product or service, or to increase traffic to your website for commercial reasons, such as advertising sales.
You may not use the Services in any manner which could damage, disable, overburden, or impair the Services (or the network(s) connected to the Services) or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through hacking, password mining or any other means.
We may, but have no obligation to, monitor your use of the Services and/or the Content you provide (including, but not limited to, forum posts and user comments) for compliance with these Terms and/or any other rules, guidelines or policies we may establish. We may, at our sole discretion, delete or remove any Content that violates these Terms or any other rules, guidelines or policies we may establish or that we find otherwise objectionable.
In addition, we may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of us, our users and the public.
You may submit, upload, post or otherwise make available Content through the Services (“User Content”). You understand and agree that you are solely responsible for any User Content you post or provide and for any consequences thereof. The User Content you submit, post or provide will be able to be viewed by other users of the Services and through third party services and websites.
You should only provide User Content that you are comfortable sharing with others under these Terms. You agree that you have the right to submit, post or provide the User Content and that such User Content, or its use by us as contemplated by these Terms, does not violate these Terms, applicable law, or the intellectual property or other rights of others.
You retain all of your ownership rights in your User Content. However, by submitting, posting or providing User Content on or through the Services, you grant to us a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, reproduce, distribute, display, perform, and create derivative works of your User Content in connection with the Services and our (and our successor’s) business, including, without limitation, for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. You also grant each user of the Services a non-exclusive license to access your User Content through the Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Services and under these Terms.
You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Services or provide to us.
Use of Your Device
Full use of and access to the Services will be dependent on at least (among others) the following elements:
(i) supported device with Docisn properly installed.
(ii) adequate and legally compliant internet access; and
(iii)processing and analysis capabilities located at remote servers. The availability and function of such elements may influence the performance of the Services. You are responsible for ensuring the mobile device has adequate functions.
We take reliability and security seriously and put a great deal of effort into ensuring that our service operates all the time, and that it is a secure environment for your data. We use what we believe to be “best-of-class” hosting services and security technologies and services that we believe provide you with a secure and safe environment.
However, no system is perfectly secure or reliable, the Internet is an inherently insecure medium, and the reliability of hosting services, Internet intermediaries, your Internet service provider, and other service providers cannot be assured. When you use the Services, you accept these risks, and the responsibility for choosing to use a technology that does not provide perfect security or reliability.
Should you submit any comments or feedback to us, you agree that we can use, reproduce, and exploit them without any restriction and compensation to you, unless otherwise agreed between you and NuraLogix.
You may receive notifications, emails, text messages, alerts, and other electronic communications during your use of the Services for the purpose as we may need to provide you with certain notifications, such as announcement regarding service changes or policy changes. We are not responsible for any fees which may be charged by your carrier regarding these communications. Any such communications will be in accordance with applicable law requirements.
You acknowledge and agree that these Terms are not between you and the application stores where Docisn is downloaded from. You, and not NuraLogix, are solely responsible for any disputes or claims in relation to the application stores that are not connected with Docisn or your use of Docisn.
Not for Medical Purposes
OUR SERVICES ARE NOT INTENDED FOR MEDICAL PURPOSES. THE SERVICES DO NOT OFFER ANY KIND OF MEDICAL ADVICE AND ARE NOT INTENDED FOR ANY MEDICAL USE OR PURPOSES. OUR SERVICES ARE INTENDED FOR GENERAL WELLNESS ONLY.
THE ESTIMATIVE MEASUREMENTS (“MEASUREMENTS”) PROVIDED TO YOU OF PHYSIOLOGICAL AND PSYCHOLOGICAL STATES INCLUDING HEART RATE, STRESS AND BLOOD PRESSURE SHOULD NOT BE TREATED AS MEDICAL ADVICE. THE MEASUREMENTS WE PROVIDE TO YOU ARE NOT INTENDED TO BE UTILIZED FOR ANY MEDICAL PURPOSES OR TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE, AILMENT, OR INJURY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE WE ARE NOT PROVIDING ANY MEDICAL ADVICE VIA OUR SERVICES. ALL CONTENT PROVIDED BY OUR SERVICES INCLUDING THE MEASUREMENTS IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (A) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, AND (B) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS. SHOULD YOU HAVE ANY HEALTH-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. IF YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR YOUR LOCAL EMERGENCY SERVICES IMMEDIATELY. YOUR USE OF OUR SERVICES DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN NURALOGIX AND YOU.
THE MEASUREMENTS PROVIDED TO YOU ARE BASED ON INDICATORS AND STANDARDS DEVELOPED BY NURALOGIX ITSELF AND ARE ONLY FOR GENERAL WELLNESS PURPOSES, WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. WHILE WE MAKE EVERY EFFORT TO PROVIDE ACCURATE ESTIMATIVE MEASURES, WE MAKE NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR ANY ACCURACY, RELIABILITY, AVAILABILITY, SECURITY, COMPLETENESS OR CORRECT USE OF MEASUREMENTS, CONTENT AND ANY OTHER INFORMATION OR RESULTS YOU RECEIVE THROUGH THE SERVICES.
Disclaimer of warranties and damages
YOUR USE OF THE SERVICES, SOFTWARE (INCLUDING WITHOUT LIMITATION, DOCISN AND THE SITES), AND CONTENT (COLLECTIVELY, THE “NURALOGIX SOLUTION”), AND ANY THIRD-PARTY APPS IS ENTIRELY AT YOUR OWN RISK, AND EXCEPT AS DESCRIBED IN THESE TERMS, ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NURALOGIX, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR THIRD-PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY “SUPPLIERS “) DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OR CONDITION THAT THE NURALOGIX SOLUTION OR THIRD-PARTY APPS ARE OR WILL:
(i) BE FIT FOR A PARTICULAR PURPOSE,
(ii) BE OF GOOD TITLE,
(iii) BE OF MERCHANTABLE QUALITY,
(iv) MEET YOUR REQUIREMENTS,
(v) BE COMPATIBLE WITH YOUR DEVICE, OR
(vi) NOT INTERFERE WITH OR INFRINGE OR MISAPPROPRIATE ANY INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE, NURALOGIX, ITS SUBSIDIARIES AND ITS AFFILIATES AND SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED AS TO THE ACCURACY, RELIABILITY, QUALITY OF CONTENT IN OR LINKED TO THE NURALOGIX SOLUTION. NURALOGIX, ITS SUBSIDIARIES AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE NURALOGIX SOLUTION IS OR WILL BE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, DATA LOSS, ERRORS, THEFT OR DESTRUCTION.
SOME PROVINCES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM PROVINCE TO PROVINCE.
WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY IMPROPER USE OR MISUSE OF THE SERVICES (SUCH AS ANY UNAUTHORIZED MEASUREMENT OF ANY OTHER PEOPLE WITHOUT EXPLICIT CONSENT OF THE LATTER), OR USE OF THE SERVICES FOR ANY UNINTENDED PURPOSE).
These Terms will apply to your use of the Services until your access or use is terminated by either you or us. You may terminate your use of the Services at any time.
If these Terms expire or terminate for any reason, provisions relating to privacy, confidentiality, ownership and protection of intellectual property, information security, indemnities and limitations of liability, governing law and dispute resolution, effects of termination, and any rights and obligations under these Terms which by their nature should survive, will remain in effect after termination or expiration of these Terms.
Limitation of Liability; Indemnity
You waive and shall not assert any claims or allegations of any nature whatsoever against NuraLogix, its affiliates or subsidiaries, their Suppliers, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the NuraLogix Solution or any Third Party Apps, including, without limitation, any claims or allegations relating to infringement of proprietary rights, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the NuraLogix Solution or any Third Party Apps. You use the NuraLogix Solution or any Third-Party Apps at your own risk.
Without limiting the foregoing, neither NuraLogix nor any other Released Party shall be liable for any direct, special, indirect, incidental, exemplary, punitive, or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the NuraLogix Solution or any Third Party Apps, including without limitation any damages caused by or resulting from your reliance on the NuraLogix Solution or any Third Party Apps or other information obtained from NuraLogix or any other Released Party or accessible via the NuraLogix Solution or any Third Party Apps, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to NuraLogix or any other Released Party’s records, programs or services.
In no event shall the aggregate liability of NuraLogix, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the NuraLogix Solution exceed any compensation paid by you for access to or use of the NuraLogix Solution during the three months prior to the date of any claim. In no event shall NuraLogix have or incur any liability, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability or other theory, arising out of or relating to the use any Third-Party Apps.
You will indemnify and hold harmless NuraLogix and any Released Parties from and against any claims, lawsuits, demands, disputes or investigations brought by any third party, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with: (i) your access to or use or misuse of the Services, (ii) your User Content, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (iv) your violation of any law or the rights of a third-party (collectively, “Indemnified Claims”). NuraLogix reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Indemnified Claims. You agree to reasonably cooperate as requested by NuraLogix in the defense of any Indemnified Claims.
Governing Law and Dispute Resolutions
The Services are controlled by NuraLogix and operated by it from its offices in Toronto, Ontario. You and NuraLogix both benefit from establishing a predictable legal environment in regard to the Services. Therefore, you and NuraLogix explicitly agree that all disputes, claims or other matters arising from or relating to your use of the NuraLogix Solution (or any component thereof) will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) involving NuraLogix and arising out of or relating to
(i) these Terms;
(ii) the NuraLogix Solution (or any component thereof);
(iii) oral or written statements, advertisements or promotions relating to these Terms or to the NuraLogix Solution (or any component thereof); or
(iv) the relationships that result from these Terms or the NuraLogix Solution (or any component thereof) (collectively, a “Claim”), will be referred to and determined by a sole arbitrator (to the exclusion of the courts). If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Ontario.
To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
If you choose to access the Services from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify NuraLogix and the other Released Parties for your failure to comply with any such laws.