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Terms & Conditions

1. Acceptance of the Terms and Conditions of Use

These terms and conditions of use (these “Terms”) constitute a legal agreement between you (“you” and “your”) and CopingWell Solutions Inc. (“Company,” “we,” “us,” “our”) and govern your access to and use of the JoyPop mobile application and website, including any content, functionality, and services offered on or through the JoyPop mobile application and website (collectively, the “App”).

BY USING OR ACCESSING THE APP, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, ACCEPT, AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS AND OUR PRIVACY POLICY, WHICH IS INCORPORATED INTO THESE TERMS BY REFERENCE AND FORMS AN INTEGRAL PART OF THESE TERMS, AND (B) REPRESENT AND WARRANT THAT YOU ARE THE LEGAL AGE OF MAJORITY UNDER APPLICABLE LAW TO FORM A BINDING CONTRACT AND MEET ALL ELIGIBILITY REQUIREMENTS SPECIFIED IN THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, PLEASE DO NOT ACCESS OR USE THE APP.

2. Overview of the App and Health Disclaimer

The App is a technology platform that provides opportunities to learn about and practice various coping strategies. The coping strategies focus on helping users develop emotion regulation skills and build resilience to manage future stressors. Features include mood ratings, journaling, games, breathing exercises, sleep tips and sounds, art, and connection to support systems and helplines.

Use of the App does not guarantee any particular health outcome and is not a substitute for healthcare advice or services provided by a healthcare professional.

YOU ACKNOWLEDGE THAT THE COMPANY IS ONLY THE PROVIDER OF THE APP AND IS NOT A HEALTHCARE PROVIDER OR OTHERWISE A PROVIDER OF HEALTHCARE ADVICE OR SERVICES. IF YOU HAVE QUESTIONS OR CONCERNS ABOUT YOUR HEALTH, PLEASE CONTACT A QUALIFIED HEALTHCARE PROFESSIONAL. THE APP IS NOT INTENDED FOR USE IN ANY KIND OF HEALTH OR OTHER EMERGENCY. IF YOU ARE EXPERIENCING AN EMERGENCY, PLEASE CALL 911, GO TO YOUR NEAREST HOSPITAL, OR SEEK OTHER AVAILABLE SUPPORT.

3. Modifications to These Terms and to the App

We reserve the right, in our sole discretion, to revise and update these Terms from time to time. Any modifications are effective immediately upon being published and apply to all access to and continued use of the App. You agree to periodically review these Terms; your continued use constitutes acceptance of any modifications.

The information and material on the App may be changed, withdrawn, or terminated at any time without notice. We are not liable if, for any reason, all or any part of the App is restricted or unavailable at any time.

The App is for use only by persons located in Canada. If you access the App from outside Canada, you do so at your own risk and are responsible for compliance with local laws.

4. Your Use of and Conduct on the App

The App is for your personal, non-commercial use only. You may only use the App lawfully and in accordance with these Terms. You are prohibited from:

  • Distributing viruses, malware, or any technologies that may harm the Company, the App, other users, or third parties.

  • Impersonating any person or entity or misrepresenting your affiliation.

  • Breaching security or authentication measures not authorized by the Company.

  • Restricting, disrupting, or disabling services.

  • Accessing content not intended for you.

  • Reverse engineering, copying, modifying, distributing, or exploiting the App or its content beyond what is permitted.

  • Collecting or scraping data or personal information about other users.

Regarding any account you may have on the App:

  • All information you provide must be correct, current, and complete.

  • Any usernames, passwords, or other credentials must be kept confidential.

  • You will notify the Company immediately of any unauthorized access.

  • Accounts may not be transferred without prior written consent.

We may limit or prevent your use of the App for any reason, including violations of these Terms.

5. App Features and User Content

User Content includes mood ratings, journal entries, circle-of-trust contact information, and interactions with App features (games, breathing exercises, sleep support, art tools).

Certain User Content may be stored locally on your device and not shared. Content stored, processed, or handled by us is done in accordance with our Privacy Policy.

You may not submit User Content that:

  • Violates applicable laws or the legal rights of others.

  • Involves stalking or exploiting individuals.

  • Promotes illegal activity.

We may remove or refuse any User Content at our discretion. We are not obligated to monitor the App but may do so as required by law.

6. Intellectual Property Rights and Ownership

The App and all content are owned by the Company, its licensors, or other providers and are protected by intellectual property laws.

Trademarks, logos, product and service names, designs, images, and slogans are owned by the Company or its affiliates. Use without prior written permission is prohibited.

Users may not modify or remove copyright or proprietary notices. Unauthorized use terminates your rights to the App.

We may use any feedback or content you provide without restriction, obligation, or royalty.

7. No Reliance

The App content is for general information only and is not professional advice. Your use is at your own risk. We do not guarantee accuracy, completeness, or timeliness.

8. Privacy

By submitting personal information, you consent to collection, use, hosting, transmission, and disclosure in compliance with our Privacy Policy: https://getjoypop.ca/privacy-policy/.

9. Disclaimer of Warranties

The App is provided “as is” and “as available” without warranties of any kind. We do not guarantee accuracy, reliability, error-free operation, or security. Downloading files may involve risks; you are responsible for your device, internet, and data security.

We are not responsible for third-party websites linked through the App.

10. Limitation on Liability

Except as prohibited by law, the Company and affiliates are not liable for damages of any kind arising from use of the App. If liability is found, it is limited to the greater of (A) the total fees paid in the 12 months prior, or (B) $150 CAD.

11. Indemnification

You agree to defend, indemnify, and hold harmless the Company and affiliates from claims, damages, or costs arising from your breach of these Terms or use of the App.

12. Governing Law and Choice of Forum

These Terms are governed by the laws of Ontario and Canada. Any disputes will be resolved in the courts of Ontario or the Federal Court of Canada, and you submit to their jurisdiction.

13. Severability

If any provision is invalid or unenforceable, it does not affect other provisions or jurisdictions.

14. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement regarding your use of the App and supersede all prior agreements or understandings.

15. Assignment

You may not assign or transfer your rights or obligations under these Terms.

16. Reporting and Contact

If you have concerns, feedback, technical support requests, or comments regarding the App, contact our Clinical Safety Officer at info@copingwellsolutions.ca. We aim to respond within 30 calendar days.

Effective Date: October 31, 2024