TERMS OF SERVICE

These terms of service ("Terms") govern the use of Acadia University's chuisle mo chroí mobile app and associated materials such as documentation and content (each and collectively, "App") developed by Acadia University ("Acadia", "we", "us", "our"), a post-secondary educational institution located at 15 University Avenue, Wolfville, Nova Scotia, B4P 2R6. The purpose of the App is to collect responses to a writing exercise for research participants in the Pulse of My Heart: Exploring a Writing Exercise for Parents with Early-Onset Cancer research project ("Research Project") at Acadia.

By accessing or otherwise using the App, you agree to abide by all terms, conditions, and referenced policies contained in these Terms of Service ("Terms") and all relevant laws. Please read these Terms carefully before using the App as these Terms create a binding agreement between you and Acadia.

BEFORE YOU ACCESS OR USE THE APP, YOU MUST BE AUTHORIZED TO ACCEPT THESE TERMS AND CONDITIONS. THIS APP IS NOT INTENDED FOR USE BY ANYONE UNDER THE AGE OF 18. IF YOU ARE UNDER 18, YOU ARE NOT PERMITTED TO USE THIS APP.

If you do not understand how these Terms apply to your access to or use of the App, or if you think that your access to or use of the App would be in violation of these Terms, please stop here and do not access or use the App.

 

I. App, Data & Privacy

These Terms govern the use of the App downloaded from the Apple Store (Apple Inc.) or Google Play Internal Testing (Android distribution). Acadia does not warrant that the App will be compatible or interoperable with your mobile device or any other piece of hardware, software, equipment or device used in connection with the App.

Once you have downloaded the App on your device(s), all data created by you while using the App (including Gmail account information) will be stored on Google's Firebase servers (located in Montreal, Quebec) and covered by their data processing and security terms (see https://firebase.google.com/terms/data-processing-terms). Your data will be accessible to Acadia's software development partner, Mindsea Development Inc., ("Mindsea") who will send the data to Acadia via a secure file transfer protocol once you have completed using the App.

We are committed to maintaining the accuracy, confidentiality, security, and privacy of your data. The collection, use and disclosure of your data by Acadia in connection with your use of the App is governed by Acadia's Privacy Statement which can be accessed from the Research Project Website.

 

II. Our License to You

Subject to these Terms, we grant you a non-exclusive, non-transferable right to use the App solely for non-commercial, personal, research and education purposes.

 

III. Limitations, Restrictions, and Code of Conduct

You agree to use the App solely for your personal, non-commercial use as a participant in the Research Project, and for no other purposes. You shall not disclose, sell, license, or otherwise distribute the App, in whole or in part, either directly or indirectly, to any third party without the prior written consent of Acadia. You may not use the App as part of any revenue-generating activities.

You shall not use, print, copy, translate, reverse engineer, decompile, disassemble, modify, create derivative works of or publicly display the App, in whole or in part, unless expressly authorized by these Terms. Furthermore, you shall not use the App to harm, threaten, or harass another person, organization, or Acadia and/or to build similar services, App, or websites.

No ownership rights of Acadia in App are conferred upon you by these Terms. Acadia retains all rights and interests in App and associated names and trademarks, and reserves all rights not expressly granted under these Terms. You agree to secure and protect the App in a manner consistent with the maintenance of Acadia's rights in the App.

You further agree to the following:

  • You are responsible for all data and content that you access from or create using the App.
  • You will not share passwords or other access information or devices or otherwise authorize any third party not authorized by Acadia to access or use the App on your behalf.
  • You will not engage in unlawful, illegal, or fraudulent activity, including, without limitation, by engaging in unauthorized access or unauthorized use of the App or any accounts, computers, or networks related to App.
  • You will not use App to make available any unsolicited or unauthorized advertising or promotional materials.
  • Unless indicated to you separately in writing by Acadia, you will not use any robot, spider, site search/retrieval application, or other manual or automated process to access, retrieve, scrape, or index any portion of App.
  • You will not record, process, or mine information about other users or creators of App, nor will you damage, disrupt, interfere with, diminish, or render inaccessible or unusable the App or others' equipment or App or others' data, or attempt to do so, or encourage or assist others to do so.
  • You will not initiate a denial-of-service attack against App or release a virus, trojan horse, worms or other malware or spyware.
  • You will not use App to perpetuate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data.
  • You will not use App to libel or defame others.
  • You will not use App to make available any content that is vulgar or obscene.
  • You will abide by reasonable administrative directives that may be issued by Acadia from time to time concerning the access or use of App.

 

IV. User Content

You are solely responsible for all content uploaded, transmitted, or created by you through or using the App ("User Content"). You represent and warrant that you own or have a license to use your User Content, and that this User Content does not violate the law or infringe, misappropriate or violate the rights, including intellectual property rights, of any person or entity. You must remove any User Content if you no longer have the rights to such User Content. Acadia has no obligation to monitor User Content and is not liable to you or to any other person or entity for any content, information or misinformation contained in any User Content or for the loss of User Content due to technical issues or any other factors.

Notwithstanding the foregoing, Acadia reserves the right to remove User Content without notice if it deems, in its sole discretion, that User Content is in violation of these Terms. If you decide to delete the App, all User Content will be deleted. If you would like Acadia to remove any User Content from the App for any reason, please notify us at pulseofmyheart@acadiau.ca.

Please note that you are solely responsible for submitting, saving, storing and otherwise maintaining copies of User Content, including the final PDF document containing User Content, to prevent loss. If you decide to delete the App, all User Content will be deleted.

 

V. User Content License to Acadia

You hereby grant Acadia a fully paid-up non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, display, reproduce, modify, adapt, re-format, rearrange, distribute, and create derivative works of any User Content provided to or while using the App, for research or education purposes, including research related to the effectiveness of App, evaluating the performance of users, and making the App available to users. No personally identifiable information will be shared.

As detailed in the Privacy Policy, you acknowledge and agree that data about yourself, including your email account information, User Content, and your usage of the App will be captured and stored on Google's Firebase servers (located in Montreal, Quebec). Your data will be accessible to Mindsea who will send the data to Acadia via a secure file transfer protocol once you have completed using the App. You hereby authorize and consent to the collection, storage and use, by Acadia and Mindsea, of any information and data related to or derived from your use of the App, and any User Content that you upload, transmit or create using the App, consistent with the practices set forth in our Privacy Policy.

If you provide Acadia with any suggestions, ideas, feedback, reports, error identifications or other similar information related to App ("Feedback"), you hereby assign to Acadia all right, title and interest in and to all Feedback, including all intellectual property rights therein, and shall assist Acadia in perfecting such rights and obtaining assignments of such rights from all individuals involved in generating the Feedback.

 

VI. Disclaimer of Warranty and Limitation of Liability

APP IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ACADIA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS OR THAT OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. Acadia shall not be liable for special, indirect, incidental, or consequential damages with respect to any claim on account of or arising from these Terms, your use of the App or User Content submitted, even if Acadia has been or is hereafter advised of the possibility of such damages. You agree that Acadia has no obligation to provide to you any maintenance, support, or update services. Should Acadia provide any revised versions of App to you, you agree that these Terms shall apply to such revised versions, unless otherwise indicated.

 

VII. Indemnification

You agree to indemnify, reimburse and hold harmless Acadia, its affiliates, officers, agents, students, employees, directors and licensors from and against any and all liabilities, losses, damages, claims suits and expenses, including legal expenses, of whatever kind and nature (including claims of infringement of proprietary information), whether directly or indirectly arising out of or regulated in any way to the App, your use of App, User Content submitted, your violation of any law or regulation, your negligence or misconduct, your violation of any proprietary or privacy right, including the infringement by you of any copyright, trademark, patent, trade secret or other intellectual property right or misappropriation of any proprietary right or trade secret of any person or entity, or from your breach of this Terms of Use or any other acts through your use of the App. These obligations will survive any termination of your use of the App or these Terms.

 

VIII. Suspension and Termination

These Terms shall be effective until you, or Acadia terminates your use of the App. You may terminate your use at any time by deleting or uninstalling the App and providing Acadia with written notice of your decision to terminate. If at any time you fail to abide by these Terms, Acadia shall have the right to immediately and without prior notice, suspend or terminate your access to the App granted herein and require the return or destruction of all copies of the App, and pursue any other legal or equitable remedies available. You acknowledge that if your access to and/or use of the App is terminated, you may no longer have access to User Content that you created.

 

IX. Changes to Terms

Acadia reserves the right to update and revise these Terms at any time. Unless otherwise specified, changes made to these Terms will be effective when they are posted on the Research Project website. IF YOU DO NOT AGREE WITH ANY CHANGES THAT HAVE BEEN MADE, YOU MUST TERMINATE YOUR USE OF THE APP.

 

X. Monitoring

Acadia may monitor your use of App to assess compliance with these Terms and to conduct research.

 

XI. Miscellaneous

This Agreement shall be governed by the laws of Nova Scotia and the laws of Canada applicable in Nova Scotia. Any disputes arising under this Agreement shall be subject to the exclusive jurisdiction of the courts of Nova Scotia sitting at Halifax.

You acknowledge that the App is of Canadian origin and agree to comply with all applicable international and national laws that apply to the App, including any privacy laws or export regulations.

THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND ACADIA AND SUPERSEDES ALL PRIOR AGREEMENTS, PROPOSALS, REPRESENTATIONS AND OTHER COMMUNICATIONS, VERBAL OR WRITTEN, WITH RESPECT TO USE OF APP. THIS AGREEMENT MAY BE MODIFIED ONLY WITH THE MUTUAL WRITTEN APPROVAL OF AUTHORIZED REPRESENTATIVES OF THE PARTIES.

 

Last update: January 11, 2024