TERMS AND CONDITIONS
By downloading any application created by Amila Tech Inc. (here after referered to as "The
Company"), installing or using this application or any portion thereof ("Application"), you agree to
the following terms and conditions (the "Terms and Conditions").
1. USE OF APPLICATION
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The Company grants you the non-exclusive, non-transferable, limited right and license to
install and use this Application solely and exclusively for your personal use.
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You may not use the Application in any manner that could damage, disable, overburden, or
impair the Application (or servers or networks connected to the Application), nor may you
use the Application in any manner that could interfere with any other party's use and
enjoyment of the Application (or servers or networks connected to the Application).
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You agree that you are solely responsible for (and that The Company has no responsibility to
you or to any third party for) your use of the Application, any breach of your obligations
under the Terms and Conditions, and for the consequences (including any loss or damage which
The Company may suffer) of any such breach.
2. PROPRIETARY RIGHTS
You acknowledge that
(a) the Application contains proprietary and confidential information that is
protected by applicable intellectual property and other laws, and (b) The Company and/or third
parties own all right, title and interest in and to the Application and content, excluding content
provided by you, that may be presented or accessed through the Application, including without
limitation all Intellectual Property Rights therein and thereto. "Intellectual Property Rights"
means any and all rights existing from time to time under patent law, copyright law, trade secret
law, trademark law, unfair competition law, and any and all other proprietary rights, and any and
all applications, renewals, extensions and restorations thereof, now or hereafter in force and
effect worldwide. You agree that you will not, and will not allow any third party to, (i) copy,
sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from,
decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the
Application or content that may be presented or accessed through the Application for any purpose,
unless otherwise permitted, (ii) take any action to circumvent or defeat the security or content
usage rules provided, deployed or enforced by any functionality (including without limitation
digital rights management functionality) contained in the Application, (iii) use the Application to
access, copy, transfer, transcode or retransmit content in violation of any law or third party
rights, or (iv) remove, obscure, or alter The Company's or any third party's copyright notices,
trademarks, or other proprietary rights notices affixed to or contained within or accessed in
conjunction with or through the Application.
3. THE COMPANY TERMS OF SERVICE AND PRIVACY POLICY
a. The Company's Privacy Policy explains how The Company treats your information and protects your
privacy when you use the Application. You agree to the use of your data in accordance with The
Company's privacy policies.
4. EXPORT RESTRICTIONS
The Application may be subject to export controls or restrictions by the United States or other
countries or territories. You agree to comply with all applicable U.S. and international export laws
and regulations. These laws include restrictions on destinations, end users, and end use.
5. TERMINATION
These Terms and Conditions will continue to apply until terminated by either you or The Company as
set forth below. You may terminate these Terms and Conditions at any time by permanently deleting
the Application from your mobile device in its entirety. Your rights automatically and immediately
terminate without notice from The Company or any Third Party if you fail to comply with any
provision of these Terms and Conditions. In such event, you must immediately delete the Application.
6. INDEMNITY
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless The
Company, its affiliates and their respective directors, officers, employees and agents from and
against any and all claims, actions, suits or proceedings, as well as any and all losses,
liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or
accruing from your use of the Application, including your downloading, installation, or use of the
Application, or your violation of these Terms and Conditions.
7. DISCLAIMER OF WARRANTIES
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You expressly understand and agree that your use of the application is at your sole
discretion and risk and that the application is provided as is and as available without
warranty of any kind.
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You are solely responsible for any damage to your mobile device, or other device, or loss
of data that results from such use.
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The company further expressly disclaims all warranties and conditions of any kind,
whether express or implied, including, but not limited to the implied warranties and
conditions of merchantability, fitness for a particular purpose and non-infringement, with
respect to the application.
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The application is not intended for use in the operation of nuclear facilities, life
support systems, emergency communications, aircraft navigation or communication systems, air
traffic control systems, or any other activities in which the failure of the application
could lead to death, personal injury, or severe physical or environmental damage.
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The application, and any content, tools, products or services displayed, accessed or
obtained on or through the sites and services are provided "As is", "As available", and
without warranties of any kind, either express, implied or statutory, including, without
limitation, warranties of title, non-infringement, merchantability or fitness for a
particular purpose. Without limiting the generality of the foregoing, everyday health, its
licensors and their affiliates, suppliers, and agents do not warrant and expressly disclaim
that: ( I ) your use of the application and/or services and access to and use of all of the
tools and features thereon will be uninterrupted, error-free or secure; (ii) that any
information obtained therein is accurate, reliable or complete; (iii) that defects will be
corrected; or (iv) that any software, services, sites or server(s) on which the application
are hosted are free of viruses or other harmful components. Your use of the sites and the
services and any information or materials provided on or through the sites and services are
entirely at your own risk. We make no representations or warranties about the products or
services sold or advertised herein or about the satisfaction of government regulations
requiring disclosure of information on prescription drug products with regard to the content
contained on the application or through the services. We make no representations or
warranties with respect to any treatment, action or application of medicine, medication or
the information offered or provided within or through the applications, the sites or the
services.
8. LIMITATION OF LIABILITY
You expressly understand and agree that The Company, its subsidiaries and affiliates, and its
licensors are not liable to you under any theory of liability for any direct, indirect, incidental,
special consequential or exemplary damages that may be incurred by you through your use of the
application, including any loss of data or damage to your mobile device, whether or not the company
or its representatives have been advised of or should have been aware of the possibility of any such
losses arising.
9. UPDATES
We may modify these Terms and Conditions at any time, as we deem appropriate. If you disagree with
the changes to the Terms and Conditions, you must discontinue your use of the application. Your
continued access or use of any of the application following such notice signifies your acceptance of
the modified Terms and Conditions. It is your responsibility to review the Terms and Conditions
regularly to be aware of such modifications. We reserve the right to modify or discontinue the
application with or without notice. We will not be liable to you or any third party should we
exercise our right to modify or discontinue the application. If you object to any such changes, your
sole recourse will be to cease access to the application. Continued access to the application
following notice of any such changes will indicate your acknowledgement of such changes and
acceptance of the application as so modified and your use of new Services will be governed by these
Terms and Conditions.
10. MISCELLANEOUS
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These Terms and Conditions constitute the entire Agreement between you and The Company
relating to the Application and govern your use of the Application, and completely replace
any prior or contemporaneous agreements between you and The Company regarding the
Application.
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The failure of The Company to exercise or enforce any right or provision of these Terms and
Conditions does not constitute a waiver of such right or provision, which will still be
available to The Company.
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If any court of law, having the jurisdiction to decide on this matter, rules that any
provision of these Terms and Conditions is invalid, then that provision will be removed from
the Terms and Conditions without affecting the rest of the Terms and Conditions. The
remaining provisions of these Terms and Conditions will continue to be valid and
enforceable.
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The rights granted in these Terms and Conditions may not be assigned or transferred by
either you or The Company without the prior written approval of the other party. Neither you
nor The Company are permitted to delegate their responsibilities or obligations under these
Terms and Conditions without the prior written approval of the other party.
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These Terms and Conditions and your relationship with The Company under these Terms and
Conditions will be governed by the laws of the province of ON without regard to its conflict
of laws provisions. You and The Company agree to submit to the exclusive jurisdiction of the
courts located within the city of Waterloo, ON, Canada to resolve any legal matter arising
from these Terms and Conditions. Notwithstanding this, you agree that The Company will still
be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief)
in any jurisdiction.
Date of Last Revision: December 4th, 2019.