This version in effect since September 2020.
These Terms and Conditions of Service (“Terms”) apply to your use and access of the BreatheSuite (“we”, “us”, “our”) mobile application, the BreatheSuite App (“App”) and website https://breathesuite.com (“Website”), including without limitation all functionalities, and materials displayed or made available to (“you, “your” “user”, “users”), collectively referred to as (“Services”).
PLEASE READ THESE TERMS CAREFULLY as they create a binding legal agreement between you and BreatheSuite Inc. (“BreatheSuite”) and exempt BreatheSuite and other parties from liabilities or limits their liability and contain other important provisions.
IN CONSIDERATION OF BEING PERMITTED TO USE OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS AS AMENDED FROM TIME TO TIME, THESE TERMS ARE A LEGAL CONTRACT BETWEEN BREATHESUITE AND YOU. IF YOU DO NOT AGREE TO THESE TERMS IN WHOLE OR IN PART, YOU ARE NOT PERMITTED TO USE OUR SERVICES.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time without incurring any liability or obligation. You may not change these Terms in any manner.
Use of the Services after such changes are made available to you will indicate your acceptance of the revised Terms.
BreatheSuite is a Canadian company incorporated under the laws of Canada with its head office located in Newfoundland and Labrador. We build digital health solutions for chronic disease patients to assist with tracking their inhaler technique and adherence. Through our Services we also allow users to share this information with their doctors, family members and caregivers.
Our App is currently free to download by end users, however, in order to use all functionalities of the Services, users must be connected through a paying party that they have a customer or patient relationship with, such as relationships with Healthcare networks, researching networks or insurance companies. Once the BreatheSuite inhaler device is connected to the App, users can start to track their own use of the inhaler and allow individuals in their circle of care access to that information.
BreatheSuite is not a healthcare provider and the materials and Services of BreatheSuite do not create a doctor-patient relationship between you and BreatheSuite. Healthcare providers using the Services are independent, regulated health professionals who are individually responsible for the services and quality of care that they provide. Furthermore, referrals to resources, products or other information that may appear on the Services from time to time, unless expressly stated, do not constitute recommendations or endorsements by BreatheSuite.
Do not use BreatheSuite for medical emergencies. If you have a medical emergency, call a physician, qualified health care provider, or dial 911 immediately.
You may be asked to create a user account consisting of a username and password.
You agree to:
If BreatheSuite has reasonable grounds to suspect that the information you have provided is false, incomplete or not current, or that you are sharing your username and/or password with anyone, it reserves the right to suspend or terminate your use and access to the Services.
All materials available through the Services, including without limitation, logos, trademarks, information, comments, text, images, videos, audio, illustrations, computer software (“Content”) are owned by BreatheSuite, its licensors, or the provider of the Content as the case may be. This Content is protected by copyright laws, trademark laws, and other intellectual property laws and treaties, both in Canada and around the world and all rights therein are reserved. Except as granted in the limited license herein, any use, modification, transmission, distribution, republication or other exploitation of the Services and its Content, whether in whole or in part, is prohibited without BreatheSuite’s express written consent.
Except to the extent expressly permitted in this Agreement, you may not:
Other than the limited license granted herein, nothing contained in the Services shall be construed as granting you any right, title, interest, or other license in or to any Content embedded or integrated into the Services or made available for download from the Services, including, but not limited to, any intellectual property rights in the Services or Contents.
Subject to these Terms, you are hereby granted a limited, non-transferable, and non-exclusive license to access, view, and use the Services, including any personal health information, for your personal, non-commercial use. Access to the Services for any other purpose is prohibited. You agree to also abide by any other additional terms and conditions that may apply to any specific Content.
The Services may contain links to third-party websites. Unless expressly stated otherwise, these links are provided for convenience only and do not constitute endorsements or recommendations of these sites or their content by BreatheSuite. BreatheSuite is not responsible for these third-party websites, and unless expressly stated, does not make any representations, warranties or covenants of any kind regarding these third-party websites including, without limitation, any representation, warranty, or covenant:
By accepting these Terms and using the Services, you agree that you shall indemnify and hold harmless BreatheSuite, its affiliates, licensors, and each of their officers, directors, employees, attorneys and agents, collectively referred to herein as (“BreatheSuite Group”) from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) your violation or breach of these Terms or any applicable law or regulation, whether or not referenced herein; (ii) your violation of any rights of any third party, or (iii) your use of the Services contrary to these Terms or other instructional manuals, guidelines or documentation made available by us to you.
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS IN THIS AGREEMENT (INCLUDING THE FOLLOWING DISCLAIMERS) MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE BREATHESUITE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SERVICES WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, CURRENCY, TIMELINESS, QUALITY, INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING, OR THAT THE SERVICES ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.
You acknowledge and agree that your access and use of the Services and Content is solely at your own risk and liability.
YOU ACKNOWLEDGE AND AGREE THAT BREATHESUITE IS NOT RESPONSIBLE FOR THE HEALTH CARE YOU RECEIVE FROM HEALTH CARE PROVIDERS.
TO THE EXTENT THAT THE LEGISLATION OF YOUR JURISDICTION, INCLUDING THE LAWS OF THE PROVINCE OF QUEBEC AND ITS CONSUMER PROTECTION ACT DOES NOT ALLOW FOR CERTAIN EXCLUSIONS OF LIABILITY, SOME OF THE PROVISIONS BELOW MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS SHALL AFFECT YOUR APPLICABLE STATUTORY RIGHTS.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND (WHETHER EXPRESS OR IMPLIED), ALL OF WHICH ARE HEREBY DISCLAIMED BY US TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BREATHESUITE DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT:
(I) THE SERVICES WILL MEET YOUR REQUIREMENTS;
(II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR
(III) ANY SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR PERSONAL EXPECTATIONS OR BE OF A CERTAIN QUALITY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT NO MEMBER OF THE BREATHESUITE GROUP SHALL BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING LOSS OF DATA, DAMAGES FOR PERSONAL INJURY, OR FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR OTHER INTANGIBLE LOSSES (WHETHER OR NOT BREATHESUITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING, WHETHER IN CONTRACT OR TORT, FROM:
(I) THE USE OR THE INABILITY TO USE THE SERVICES, INCLUDING DAMAGES CAUSED BY MALWARE, VIRUSES OR ANY INCORRECTNESS OR INCOMPLETENESS OF ANY CONTENT YOU MAY ACCESS;
(II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES;
(III) UNAUTHORIZED ACCESS TO, LOSS, OR ALTERATION OF YOUR TRANSMISSIONS OR DATA SUBMITTED TO OR RECEIVED FROM THE SERVICES; OR
(IV) ANY OTHER MATTER RELATING TO THE SERVICES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE, RELEASE AND DISCHARGE BREATHESUITE FROM ALL LEGAL CLAIMS, DEMANDS, DAMAGES, ACTIONS OR CAUSES OF ACTION IN RESPECT OF THE FOREGOING. BREATHESUITE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM, OR DELAY IN PERFORMANCE OF, ANY OF OUR OBLIGATIONS UNDER THESE TERMS THAT IS CAUSED BY EVENTS OUTSIDE OUR REASONABLE CONTROL.
WITHOUT PREJUDICE TO THE FOREGOING, THE AGGREGATE LIABILITY OF BREATHESUITE TO YOU IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICES SHALL IN NO EVENT EXCEED $100.00 IN CANADIAN CURRENCY.
BreatheSuite is entitled to terminate your right to use the Services at any time without notice and with immediate effect for any reason, including if you violate or breach any term of these Terms or in the sole opinion of BreatheSuite misuse the Services. Upon termination, you are no longer authorized to access the Services. All restrictions set out in these Terms, including but not limited to Content, indemnification and limitation of liability will survive termination and BreatheSuite shall not be liable to you or any third-party for such termination.
Use of the Services or Content is unauthorized in any jurisdiction where the Services may violate any laws or regulations. You agree not to access or use the Services or Content in such jurisdictions. You agree that you are responsible for compliance with all applicable laws and regulations. Any contravention of this provision, or any provision of this Agreement, is entirely at your own risk.
These Terms (including referenced documents) constitute the entire agreement between you and BreatheSuite and govern your use of the Services, superseding any prior version of these Terms between you and BreatheSuite.
If any provision of these Terms is determined by a court of competent jurisdiction or arbitrator to be invalid or unenforceable, in whole or in part, the remaining provisions remain in full force and effect. The failure of BreatheSuite to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
BreatheSuite reserves the right, at its sole discretion, to modify or replace any of these Terms or restrict your access to part or all of the Services without notice or liability. If we change these Terms, we will provide notice to you by posting the revised Terms on our App and by indicating at the top of this page the date these Terms were last updated. You should check the Terms frequently for any revisions, and especially before your use of the Services. Where required by law, we will give you thirty (30) days’ notice prior to these changes taking effect. By continuing to access or use the Services after such changes become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, in whole or in part, please stop using the Services.
In addition, if you are a Québec resident and the modified Terms either increase your obligations or reduce our obligations, you may send us a notice thirty (30) days after the modified Terms come into force to indicate your refusal of the modified Terms and to request the termination of your account.
BreatheSuite may give notice by means of a general notice sent through the App, or by electronic mail to your email address on record, or by written communication sent by regular mail to your address on record. By using our Services, you allow us to communicate with you through these means and receive electronic mail from BreatheSuite.
BreatheSuite is a Canadian organization. To the fullest extent permitted by applicable law you irrevocably and unconditionally submit to the exclusive jurisdiction of the court of the Province of Newfoundland and Labrador of or in connection with these Terms or your use of the Services.
You may not assign your rights under these Terms without prior written approval of BreatheSuite.