Welcome to MyHuddle! These Terms of Service ("Terms") govern your access to and use of the MyHuddle application ("App") and any related services provided by Modern Caregiving Solutions (“MCS,” ”we," "us," or "our"). By creating an account, accessing, or using the App, you agree to be bound by these Terms. If you do not agree to all of these Terms, please do not use the App.

General Provisions

• This app is not a medical device or a medical record, MCS is not liable for any inaccurate information that is inputted that results in harm to a care recipient - utilize this App at your own risk.

• Downloading this App or using the services offered by MCS does not constitute a patient/provider relationship.

• When cancelling your subscription, please note that cancelation will occur immediately - please cancel on the last day of your plan if you would like to download your data or keep using the App.

1. Account Registration

1.1 Eligibility

• Age Requirement: You must be at least 18 years old to register for an account and use the App. If you are under 18, you may use the App only with the involvement and consent of a parent or legal guardian or a substitute decision-maker acting on your behalf.

• Substitute Decision-Makers: Authorized substitute decision-makers may create and manage accounts on behalf of individuals who cannot do so themselves.

1.2 Account Information

• Accuracy of Information: You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

• Confidentiality: You are responsible for maintaining the confidentiality of your account login credentials and are fully responsible for all activities that occur under your account.

• Unauthorized Access: You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

2. User Conduct and Acceptable Use

2.1 Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Illegal Content: Posting or transmitting content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.

• Intellectual Property Infringement: Posting content that infringes on any intellectual property rights of others.

• Malware and Hacking: Transmitting any viruses, malware, or other malicious code; attempting to disrupt or interfere with the App's functionality.

• Unauthorized Access: Attempting to gain unauthorized access to the App, other user accounts, or computer systems or networks connected to the App.

• Impersonation: Misrepresenting your affiliation with a person or entity; impersonating any person or entity.

• Data Mining: Using any automated means, including robots, spiders, or data mining tools, to access, scrape, or index the App.

• Spamming and Phishing: Sending unsolicited messages, advertisements, or promotions; engaging in phishing activities.

2.2 Compliance with Laws

You agree to comply with all applicable local, provincial, national, and international laws and regulations in connection with your use of the App.

3. Medical Disclaimer

• Not a Patient: Downloading or using the App does not constitute entering a provider-patient relationship with any health provider associated with MyHuddle or MCS.

• No Medical Advice: The App is intended for communication and coordination among family members and/or caregivers. It does not provide medical advice, diagnosis, or treatment.

• Not a Medical Record: MyHuddle does not serve as a medical record. The App should not be used as a substitute for official medical records or documentation required by healthcare professionals. Do not rely on the App for storing or retrieving medical records.

• Not a Health Information Custodian: MCS is not a health information custodian, and you are not required to input your health information to use the App. The use of health information within the App is entirely optional, and you control what information you choose to share.

• Consult Professionals: Always seek the advice of qualified healthcare professionals regarding any medical conditions or concerns.

4. Privacy

• Privacy Policy: Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

• Consent: By using the App, you consent to the collection, use, and sharing of your information as described in the Privacy Policy.

• Cookies and Similar Technologies: We use cookies and similar technologies to enhance your experience. For detailed information on how we use cookies, please refer to our Privacy Policy.

5. Intellectual Property Rights

5.1 Our Content

• Ownership: The App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio) are owned by Modern Caregiving Solutions, its licensors, or other providers of such material.

• Protection: These materials are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

5.2 Limited License

• Usage Rights: We grant you a limited, non-exclusive, non-transferable license to access and use the App for your personal, non-commercial use.

• Restrictions: You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our App, except as authorized by these Terms.

6. Third-Party Services and Links

• External Links: The App may contain links to third-party websites or services that are not owned or controlled by Modern Caregiving Solutions.

• No Endorsement: Inclusion of any linked website or service on the App does not imply approval or endorsement by us.

• User Responsibility: You access third-party websites or services at your own risk, and you should review their terms and privacy policies.

7. Subscription and Payment Terms

7.1 Fees

• Subscription Services: Certain features of the App may require payment of subscription fees.

• Pricing: All fees are in US dollars unless otherwise specified. We reserve the right to change our fees at any time upon notice to you.

7.2 Payment

• Billing Information: You must provide current, complete, and accurate billing information.

• Authorization: By providing payment information, you authorize us to charge the applicable fees to your designated payment method.

7.3 Automatic Renewal

• Renewal Terms: Subscriptions will automatically renew at the end of each term unless cancelled before renewal.

• Cancellation: You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of the current billing period.

7.4 Refunds

• No Refunds: All fees are non-refundable unless required by law or stated otherwise in these Terms.

8. Modification and Termination of Services

8.1 Modifications

• Right to Modify: We reserve the right to modify or discontinue the App or any features or portions thereof without prior notice.

• Notification: We will endeavor to provide reasonable notice of significant changes to the App.

8.2 Termination

• By Us: We may suspend or terminate your access to the App, at our sole discretion, for any reason, including violation of these Terms.

• By You: You may terminate your account at any time per section 9 of these Terms.

• Effect of Termination: Upon termination, all rights granted to you under these Terms will cease, and you must cease all use of the App.

9. Data Access and Account Deletion

9.1 Data Access and Portability

• Right to Access: You have the right to request access to the personal data we hold about you. You may request a copy of your data by contacting us at privacy@myhuddle.ca.

• Data Portability: Upon request, we will provide your personal data in a structured, commonly used, and machine-readable format.

• Verification: To protect your privacy and security, we may take reasonable steps to verify your identity before providing copies of your personal data.

• Timeframe: We will respond to your data access request within 60 (sixty) days, in accordance with applicable laws.

9.2 Account Deletion

• Deleting Your Account: You may delete your MyHuddle account at any time through your account settings or by submitting a request to privacy@myhuddle.ca.

• Effect of Deletion:
  ◦ Data Removal: Upon deletion of your account, we will deactivate your account and remove your personal data from our active databases.
  ◦ Residual Data: Some information may remain in our backup systems for a limited period due to technical constraints or for legal compliance.
  ◦ Shared Content: Content that you have shared with others may remain visible to those users even after your account has been deleted.

• Legal Obligations: We may retain certain information as required by law, such as for tax, legal reporting, and auditing obligations.

• Reactivation: Account deletion is permanent. If you wish to use the App again, you will need to create a new account.

9.3 How to Request Data Access or Deletion

• Submitting a Request: To exercise your rights under this section, please contact us at:
  ◦ Email: privacy@myhuddle.ca.
  ◦ Subject Line: "Data Access Request" or "Account Deletion Request"

• Information to Include: Please provide sufficient information for us to verify your identity and locate your data, such as your full name, email address associated with the account, and a clear description of your request.

• Assistance: If you need help downloading your data or deleting your account, please contact our support team at support@myhuddle.ca.

9.4 International Users

• Data Transfer: By accessing or using the App, you acknowledge that your personal data may be stored and processed in Canada where our servers are located.

• Compliance: We will ensure that transfers of personal data to a third country or an international organization are subject to appropriate safeguards as described in our Privacy Policy.

10. Disclaimers

10.1 General Disclaimer

• "As Is" Basis: The App is provided on an "as is" and "as available" basis without warranties of any kind.

• No Warranties: We disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

10.2 No Guarantee

• Service Availability: We do not guarantee that the App will be uninterrupted, secure, or error-free.

• Accuracy: We do not warrant the accuracy, completeness, or usefulness of any information provided through the App.

11. Limitation of Liability

• Exclusion of Damages: To the fullest extent permitted by law, Modern Caregiving Solutions and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses.

• Maximum Liability: In no event shall Modern Caregiving Solutions' total liability to you exceed the amount paid by you, if any, for accessing the App during the twelve (12) months preceding the claim.

12. Indemnification

• Your Agreement: You agree to indemnify, defend, and hold harmless Modern Caregiving Solutions, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to your violation of these Terms or your use of the App.

• Notification and Cooperation: We will promptly notify you of any such claim and provide reasonable assistance, at your expense, in defending any such claim.

13. Governing Law and Dispute Resolution

13.1 Governing Law

• Applicable Law: These Terms shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to its conflict of law principles.

13.2 Dispute Resolution

• Arbitration: Any dispute arising out of or relating to these Terms or the App shall be resolved through binding arbitration.

• Location: The arbitration shall take place in Alberta, Canada.

• Exceptions: Notwithstanding the foregoing, either party may seek injunctive relief in a court of competent jurisdiction for any alleged infringement of intellectual property or other proprietary rights.

14. Miscellaneous

14.1 Severability

• Invalid Provisions: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.

14.2 Entire Agreement

• Complete Understanding: These Terms, along with the Privacy Policy, constitute the entire agreement between you and Modern Caregiving Solutions regarding the App and supersede all prior agreements.

14.3 Waiver

• No Waiver: Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

14.4 Assignment

• By Us: We may assign or transfer our rights and obligations under these Terms without restriction.

• By You: You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

14.5 Force Majeure

• No Liability: We shall not be liable for any failure to perform due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, or accidents.

15. Changes to the Terms

• Right to Modify: We reserve the right to amend these Terms at any time.

• Notice of Changes: We will notify you of any material changes by posting the new Terms on the App and updating the "Effective Date."

• Acceptance of Changes: Your continued use of the App after any such changes constitutes your acceptance of the new Terms.

16. Contact Information

If you have any questions or concerns about these Terms or the App, please contact us at privacy@myhuddle.ca.