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Terms of use

September 1, 2021

Terms of use
PLEASE READ THIS LICENSE OF USE CAREFULLY BEFORE INSTALLING AND USING DILATO'S APPLICATION ON A COMPUTER AND BEFORE OPENING ANY ACCOUNT. BY INSTALLING THE DILATO APPLICATION ON YOUR COMPUTER AND CLICKING "I AGREE", YOU AGREE TO THE TERMS AND CONDITIONS OF THESE TERMS OF USE. IF YOU ARE NOT WILLING TO BE BOUND BY THIS AGREEMENT, DO NOT CLICK THE "I AGREE" BUTTON IN WHICH CASE YOU ARE NOT AUTHORIZED TO USE THE APPLICATION IN ANY WAY. YOU UNDERSTAND THAT YOU HAVE NO OTHER RIGHTS TO THE DILATO APPLICATION SERVICES EXCEPT THE RIGHTS OF USE SPECIFICALLY GRANTED UNDER THESE TERMS OF USE. THIS AGREEMENT MAY BE AMENDED FROM TIME TO TIME, IN WHOLE OR IN PART. ANY FUTURE CHANGES WILL BE ANNOUNCED EITHER IN THE APPLICATION, BY EMAIL, OR ON THE WWW.DILATO.APP WEBSITE. ACCEPTANCE OF THE MODIFICATION BY CLICKING ON THE "I AGREE" OR "I ACCEPT" BUTTON AND YOUR SUBSEQUENT USE OF THE DILATO APPLICATION WILL BE CONSIDERED AS YOUR ACCEPTANCE OF THESE CHANGES. IN THE EVENT THAT YOU DO NOT ACCEPT THE AMENDMENTS OR THAT YOU ARE UNSATISFIED WITH ANY DECISION OR POLICY TAKEN IN THE OPERATION OF THE DILATO APPLICATION, YOUR SOLE REMEDY IS TO TERMINATE THE AGREEMENT BY GIVING A WRITTEN NOTICE BY EMAIL AND TERMINATING THE USE OF THE DILATO APPLICATION, WITHOUT LIABILITY OF ANY NATURE BY DILATO APPLICATIONS INC. AND ITS REPRESENTATIVES THE USER OR WITH THIRD PARTIES. 1. GENERAL DESCRIPTION 1.1. The Dilato application (hereinafter: the "APPLICATION") is a software owned by Dilato Applications inc. (hereinafter: the "OWNER"). Dilato is used to speed up the typing of clinical notes in an electronic medical record and create clinical note templates. 1.2. The Dilato service is a cloud computing service owned by Dilato Applications Inc., which provides access to Dilato data synchronously and to advanced functions in the APPLICATION. 1.3. By downloading and installing the APPLICATION, you (hereinafter: the "USER") do not acquire any ownership rights in the APPLICATION except the right to use it within the limits set forth herein. 2. INTELLECTUAL PROPERTY 2.1. The USER acknowledges that, except for his limited right to use the APPLICATION as described herein, all proprietary rights and title, including any intellectual property relating to the software, systems, services, process or documentation relating to the APPLICATION are entirely owned by the OWNER, including any changes or updates thereto. 2.2. The USER is prohibited from modifying, reproducing, transmitting or publishing any app information, logo, text, image, software or other content belonging to the OWNER or obtained from the APPLICATION, nor from creating works derived from the aforementioned elements. 2.3. The USER is prohibited from copying, altering or modifying the source code of the APPLICATION or its database, from decompiling or disassembling the APPLICATION and from altering or removing intellectual property notices (copyrights, trademark, etc.) associated with the APPLICATION. 2.4. The OWNER reserves all rights not expressly granted to the USER under the present. 2.5. Any improvements or additions to the APPLICATION offered by the OWNER will be subject to this User Agreement, unless expressly provided otherwise. 3. SUBSCRIPTION TO DILATO 3.1. The USER can install the APPLICATION and use its functions based on his account's plan. 3.2. To obtain a right of access to the Dilato paid services (allowing the use of the advanced features of the APPLICATION), the USER must upgrade his account's plan and pay the subscription fees requested. 3.4. A valid subscription gives access to the Dilato service to the USER from any compatible computer within the subscription period. 3.5. Any use of the Dilato service is prohibited after the subscription period expressly authorized to the user. 3.6. No other person can use the Dilato application or service using the USER account. 3.7. Dilato plan rates are subject to change without notice. 4. USER RESPONSIBILITIES 4.1. The USER is fully responsible for all activities taking place under his account. The USER is not authorized to divulge his password to anyone, which must remain confidential. If the USER decides to share it with other persons, the USER will bear towards the OWNER the whole responsibility for the losses or damages caused to the OWNER or to thirds resulting from any activity generated under the account of the USER. 4.2. Accounts are intended for individual, use by one person. Therefore, the USER cannot share his account with another person. The USER is responsible for the security of his password by modifying it regularly and using for example special characters. The user must not use the same password for any purpose other than Dilato. 4.3. The USER understand that the APPLICATION is not an electronic medical record software and must not enter any sensitive or confidential information in the APPLICATION, such as informations that could identify a specific patient. 4.4. When the USER uses the template sharing options (with any other user or with the public), he is responsible for the content he publishes to other users. Content must not infringe any proprietary rights, including the copyright of any third party. No sensitive or confidential information should be included, whether linked to patient data or not. By sharing or publishing content, the USER allow other users the right to use, copy, modify, publish, transmit, display, distribute and share content again, without any compensation to the USER. By publishing content to the public, the USER grant the OWNER a worldwide, perpetual, free license rights to use, copy, modify, publish, transmit, display, distribute such content by any mean, without any compensation to the USER. 4.5. The USER is responsible for the entire risk associated with the performance and operation of the APPLICATION when used with the USER's computer system, including but not limited to the USER's equipment, third party software and the internet connection of the USER. 4.6. The USER is responsible for maintaining the service of an appropriate provider of his Internet access and the good functionality of his email and systems. 4.7. THE OWNER ASSUMES NO RESPONSIBILITY FOR THE UNAVAILABILITY OF THE USER'S INTERNET ACCESS ARISING OUT OF TECHNICAL PROBLEMS OR A DISPUTE BETWEEN THE USER AND ITS INTERNET ACCESS PROVIDER. 4.8. The USER is responsible for protecting his computer system against interference or viruses that may be transmitted over the Internet. 5. PERSONAL INFORMATION AND INFORMATION COLLIGED 5.1. The OWNER may collect certain personal information about a USER on his website www.dilato.app and in the APPLICATION. This personal information may include name, title, company, job, address, phone number, email address, IP address, viewed pages, etc. This information that personally identifies a USER is collected only when it is voluntarily transmitted by a USER in one of our online or in-app forms, during a communication that a USER may send to the OWNER, or by accepting cookies. 5.2. The OWNER gathers some informations on the use of the APPLICATION by his USERS. This information is collected on the OWNER's web servers and is used to improve the APPLICATION. This information may include, but not limited to, names, location, interests, company, job, email addresses, IP addresses, usernames, operating errors (bugs) and utilization by the USER with the APPLICATION and exchanges with the web servers. 5.3. By accepting these Terms of use, the user accepts to receive non-promotional emails that are part of the APPLICATION's onboarding process. The user can opt-out anytime, by clicking the "unsubscribe" link. 6. WARRANTY LIMITATIONS 6.1. THE USER EXPRESSLY AGREES THAT ANY USE OF THE APPLICATION IS AT ITS SOLE RISK, AS IT IS PROVIDED "AS IS" AND "AS AVAILABLE". THE OWNER MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, AS TO THE CONTENT OR PERFORMANCE OF THE APPLICATION, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF RIGHTS OF INTELLECTUAL PROPERTY OF OTHERS. 6.2. IN PARTICULAR, THE OWNER MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE APPLICATION WILL MEET THE USER'S REQUIREMENTS, (II) THAT THE RESULTS THAT MAY BE OBTAINED FROM USING THE APPLICATION WILL BE SUITABLE OR RELIABLE OR ERROR FREE (III) AND THAT ANY ERROR OF PROGRAMMING WILL BE CORRECTED. 6.3. THE OWNER MAKES NO WARRANTY OR LIABILITY FOR ANY BREACH OF CONFIDENTIALITY, LOSS OR ALTERATION OF DATA TRANSMITTED ON THE PUBLIC NETWORK WHICH IS THE INTERNET OR THAT THE OWNER'S SYSTEMS WILL BE FREE FROM ANY VIRUSES OR OTHER COMPONENT HARMFUL. 6.4. THE OWNER CAN NOT GUARANTEE ANY AVAILABILITY OF THE APPLICATION'S ONLINE SERVICES, BUT WILL MAKE REASONABLE EFFORTS TO PROVIDE ACCESSIBLE SERVICES. 7. LIMITATIONS OF LIABILITY 7.1. THE OWNER ASSUMES NO RESPONSIBILITY FOR THE CONTENT, WHETHER MEDICAL OR NOT, INCLUDED IN THE APPLICATION OR SHARED BY OTHER USERS. THE USER UNDERSTANDS THAT THE INFORMATION SHARED BY OTHER USERS IS NOT SUBJECT TO ANY VERIFICATION BY THE OWNER OF THEIR RELIABILITY, VALIDITY, CORRECTNESS, COMPLETENESS OR ACCURACY. 7.2. THE OWNER ASSUMES NO RESPONSIBILITY FOR THE INFORMATION SENT FROM THE APPLICATION TO ANOTHER SOFTWARE BY THE USER. 7.3. IN NO EVENT SHALL THE OWNER BE LIABLE TO THE USER OR ANY THIRD PARTY FOR CONSEQUENTIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY DEFECT IN THE APPLICATION, ANY INCORRECT INFORMATION ARISING OUT OF, ANY IMPOSSIBILITY TO USE THE APPLICATION, EVEN IF THE OWNER HAS BEEN ADVISED OF SUCH DAMAGE. THE OWNER IS NOT RESPONSIBLE FOR ANY DAMAGES RESULTING FROM AN ERROR IN HANDLING THE APPLICATION BY THE USER. 7.4. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE OWNER SHALL HAVE NO LIABILITY FOR BREAKING OR LOSS OF PROGRAMS OR DATA USED WITH THE APPLICATION, OPERATING INTERRUPTIONS OF THE APPLICATION OR THE USER'S COMPUTER, COSTS OF RECOVERING OR REPLACING THE DATA AND FILES OF THE USER AND ANY OTHER GOODS AND SERVICES NOR ACCEPTS ANY LOSS OF OPERATIONS, ADVANTAGES OR ACHALANDING THAT MAY BE CAUSED TO THE USER OR TO ANY THIRD PARTY BY USE OR NON-USE OF THE APPLICATION. 7.5. FOR THE FURTHER PURPOSES, THE DAMAGES INCLUDE, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES CAUSED BY INTERRUPTION OF BUSINESS. 7.6. IF A COURT OF JUSTICE DECLARES THE OWNER'S RESPONSIBILITY TO BE LIABLE FOR THE ABOVE DISCLAIMER, THE USER EXPRESSLY ACKNOWLEDGES THAT THE OWNER WILL NOT BE LIABLE FOR ANY DAMAGES OR INTERESTS, WHATEVER THE CAUSE OF CONTRACT OR EXTRACONTRACTUAL ACTION, EXCEEDING THE SUM OF US$ 500. 8. TERMINATION OF AGREEMENT 8.1. In the event that the USER is in default under the terms of this agreement, the OWNER will have the right to terminate this agreement for the future on simple written notice and the USER must delete the Application of his computer and certify in writing to the OWNER no copy has been kept. 8.2. The OWNER reserves all his rights and remedies against the USER, including the recourse to injunction, in case of violation of the engagements envisaged in article 2 (Intellectual property) of this agreement. 9. CESSATION OF SERVICE OPERATION 9.1. The OWNER reserves the right to modify or discontinue, in whole or in part, temporarily or permanently the use of the Application and any related services offered, at any time and in his sole discretion, upon prior written notice to the USER. At the end of this period, the OWNER reserves the right to unload his equipment, computer servers and databases, any information or files related to the USER. 9.2. THE OWNER ASSUMES NO RESPONSIBILITY FOR THE USER OR ANY THIRD PARTY ARISING FROM THE EXERCISE OF HIS RIGHT TO MODIFY OR DISCONTINUE THE USE OF THE APPLICATION OR ANY RELATED SERVICE PROVIDED. 10. ASSIGNS 10.1. The rights and obligations of any of the parties hereunder shall be binding upon their respective successors and assigns. 11. APPLICABLE LAW 11.1. These Terms of Use is governed by the laws of the Province of Quebec and, as the case may be, by the laws of Canada applicable and any dispute between the parties shall be settled by the competent court of the judicial district of Montreal. 12. ENFORCEABILITY 12.1. Any declaration by a court that any provision of these Terms of Use is void and unenforceable will not affect the validity or enforceability of any other provision hereof. 13. ENTIRE AGREEMENT 13.1. These Terms of Use constitutes the entire agreement between the parties and the parties are not bound by any representation, promise, warranty, understanding or commitment with respect to the subject matter of these Terms of Use except as provided herein.