THIS END USER LICENCE AGREEMENT is a legal agreement (hereinafter "EULA") between StrainprintTM Technologies Ltd. ("Strainprint") and you, being an individual (hereinafter “you,” “your,” or “User”). This EULA covers all web and mobile application software, product applications, source & object code, associated media, any printed materials, data, files and information, plus any accompanying “online" or electronic documentation (collectively, the "Software") that have been provided to You by Strainprint from either the Apple App Store or the GooglePlay store and includes without limitation all custom-branded Whitelabel or other versions of the Software. This version of Strainprint’s EULA takes precedence over any other EULA relating to Strainprint’s products/services and or terms embedded within the Software, unless otherwise specifically superseded in writing.
1.Access to Software. You may access and download to your mobile device the latest version of the Software from either the Apple App Store or the GooglePlay store. Once installed on your mobile device, You will choose a Strainprint ID password to login to the Software. You are responsible for maintaining the confidentiality of your Strainprint ID, password and account and for any activity in connection with your account and all activities that occur under your password. We will not be liable for any loss or damage arising from your failure to comply with these conditions. If for any reason your account is terminated by either you or by us, all of your Points (as defined below) that have accrued and are unused will be forfeited. We will not be liable for any loss or damage arising from your failure to comply with these conditions.
2.Assent to Be Bound. By (i) clicking the "Accept the terms of service" checkbox on the app registration page and signing up; (ii) executing a written copy of this EULA or any subscription licence agreement; or (iii) installing, copying or otherwise using this Software, You agree to be bound by the terms and conditions of this EULA. If You do not agree with every term and condition of this EULA, do not download, open, install or use the Software or product package. If You have already downloaded the Software, then You must delete it immediately without further use. In addition, certain third party code may be provided with the Software. The third-party licence terms accompanying such code, and not the terms of this EULA, will govern Your use of such code. Strainprint reserves the right to modify the terms, conditions and policies of this EULA from time to time and may, at any time, revoke Your use of the Software if you breach any of these terms and conditions. If Strainprint makes changes to the terms and conditions of this Agreement, then You will be notified the next time You log in to use the Software. This EULA is void where prohibited by law. Unless otherwise agreed or permitted by Strainprint in writing, You may not share or transfer any Software or other materials you receive from Strainprint. You acknowledge that Strainprint has no express or implied obligation to announce or make available any future commercial versions of the Software. You certify that You are of legal age of majority in the jurisdiction in which you reside (at least 18 years of age) and You represent that You are legally permitted use this Software and shall be legally bound by this Agreement.
3.Ownership and Copyright of Software. Title to the Software and all copies thereof remain with Strainprint and/or or its suppliers. The Software is copyrighted and is protected by copyright laws and international treaty provisions. You agree not to remove copyright or trademark notices from the Software and agree to prevent any unauthorized copying of the Software within Your control (and to report such to Strainprint, if not in your control). Except as expressly provided herein, Strainprint does not grant any express or implied right to You under Strainprint patents, copyrights, trademarks, or trade secret information.
4.Grant of Software Licence. Subject to compliance with the terms and conditions of this EULA, Strainprint grants to You a non-exclusive, non-transferable, personal, limited-use licence - without the right to sublicense (the “Licence”) - to use the Software with or without an approved Strainprint Activation Code solely for the purpose of tracking and building a use case profile of Your cannabis usage. You may not: (i) Modify or create any derivative works of any Software or documentation (any code written by Strainprint for the Software to published application programming interfaces – APIs - shall be deemed part of the Software and included in this licence); (ii) Copy the Software except as provided in this Agreement or elsewhere by Strainprint; (iii) Separate Software, which is licensed as a single product, into its component parts. (iv) Sublicense or permit simultaneous use of the Software under Your account by more than one user; (v) Reverse engineer, decompile, or disassemble or otherwise attempt to derive the source code for the Software (except to the extent applicable laws specifically prohibit such restriction); (vi) Redistribute, encumber, sell, rent, lease, sublicense, use the Software in a timesharing or service bureau arrangement, or otherwise transfer rights to any Software under any circumstances; (vii) Remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software; or (viii) Publish any results of benchmark tests run on the Software to a third party without Strainprint’s prior written consent..
5.Partner Programs and Activation Codes. Through any one or more of Strainprint’s partner programs, as may exist from time to time, You may be given a unique activation code approved by Strainprint (an “Activation Code”). You are only allowed to use an Activation Code if you have a legal right to do so through participation in one or more Strainprint Partner Programs. Use of Activation Codes allows Strainprint to segregate or tag Your Tracked Data (as defined below) and is subject to additional licensing as defined below in Section 6. You may enter up to three (3) approved Activation Codes in the Profile section of the Software for simultaneous participation in multiple programs. The Activation Code in the first position of entry in the Software will determine the branding, look and feel of the Software version You are using. IN USING AN ACTIVATION CODE, YOU ARE PROVIDING YOUR CONSENT TO STRAINPRINT SHARING YOUR TRACKED DATA WITH THE THIRD PARTY PARTNER WHO PROVIDED YOU WITH THE ACTIVATION CODE. WHILE STRAINPRINT DE-IDENTIFIES YOUR TRACKED DATA BEFORE SHARING IT WITH THIS PARTNER, IT IS POSSIBLE THAT THE THIRD PARTY PARTNER RECEIVING YOUR TRACKED DATA MAY BE ABLE TO LINK IT BACK TO YOU BY REFERENCING THE ACTIVATION CODE USED OR OTHER DATA PROVIDED WITH THEIR OWN SYSTEMS THAT YOU MAY HAVE INDEPENDENTLY AUTHORIZED. IF YOU DO NOT CONSENT TO YOUR INFORMATION BEING SHARED WITH THE THIRD PARTY PARTNER WHO PROVIDED YOUR ACTIVATION CODE, DO NOT INPUT AN ACTIVATION CODE WHEN REGISTERING WITH STRAINPRINT. YOUR CONSENT TO THIRD PARTY PARTNER DISCLOSURE OF INFORMATION THAT CAN LINK TO PERSONAL INFORMATION ON THAT THIRD PARTY’S SYSTEM CAN BE WITHDRAWN AT ANY TIME BY DELETING THE ACTIVATION CODE(S) FROM THE PROFILE SECTION WITHIN THE SOFTWARE. DELETING AN ACTIVATION CODE DOES NOT AFFECT STRAINPRINT’S ABILITY TO USE YOUR ANONYMOUS DATA (AS DEFINED BELOW).
6.Ownership and Licence of Data, Consent to Collection and Use of Data.
a.Personally-identifiable information. You own all personally-identifiable information and data tracked by the Software regarding Your personal medical cannabis use (“Tracked Data”). For greater clarity, all Tracked Data belongs to you and, except as otherwise expressly set out herein, will be kept confidential in accordance with our Privacy Policy. You hereby acknowledge and agree that if you choose to export your Tracked Data to a party other than yourself that: (i) you accept all responsibility for sharing of such information; and (ii) you hereby absolve and relieve Strainprint of any responsibility or liability associated with maintaining privacy of the exported Tracked Data.
b.Anonymous Data. By installing the Software and in exchange for use of the Software, You hereby grant permission to Strainprint to collect, store, process and analyze anonymous diagnostic, technical and usage logs, systems and hardware identifiers, real-time location-based information (if available), as well as all anonymized Tracked Data relating to you (“Anonymous Data”). You hereby grant to Strainprint a perpetual, irrevocable, royalty-free, non-exclusive licence (with the right to sub-license) to use the Anonymous Data for whatever purpose it chooses including without limitation for the commercial purpose of providing trend analyses and comparative analytics to the general Strainprint community and subscription holders, in accordance with the confidentiality provisions contained herein as well as Strainprint’s Privacy Policy.
For further details, see our privacy policy, available at www.strainprint.ca/privacy-policy.
7.Term and termination of This Agreement. The Term of this EULA shall commence upon download of the Software and Your Accent to Bound, pursuant to Section 2 herein and shall continue until terminated by either party. Strainprint may terminate this EULA and your use of the Software at any time for breach of any provision contained herein. You may terminate this EULA at any time for any reason by deleting Your account. Upon any expiration or termination of this EULA, or deletion of Your account, the rights and licences granted to You hereunder shall immediately terminate, and You shall immediately cease using the Software, and will return to Strainprint (or, at Strainprint' request, destroy), any other tangible items in Your possession or control that are proprietary to Strainprint or contain Confidential Information. If you choose to delete Your account, then Strainprint will permanently remove all of Your personally identifiable information from all of its systems in accordance with industry best practices, which may not be recoverable. As such, Strainprint advises You to export Your Tracked Data prior to deleting Your account. All of the Anonymous Data will be retained in the Strainprint database in completely anonymized form for Strainprint’s use as it solely deems at any time.
8.Medical Advice. THE SOFTWARE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO INFORMATION CONTAINED IN THE SOFTWARE OR ON ANY STRAINPRINT WEBSITE IS PROVIDED WITH THE INTENTION OF GIVING MEDICAL ADVICE OR INSTRUCTIONS ON THE ACCURATE USE OF CANNABIS, AND IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. STRAINPRINT CANNOT AND DOES NOT ANSWER EMAILS REQUESTING MEDICAL ADVICE OF ANY KIND. YOU SHOULD ALWAYS CONSULT A HEALTHCARE PROFESSIONAL FOR MEDICAL ADVICE. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ IN USING THE SOFTWARE OR ON A STRAINPRINT WEBSITE. STRAINPRINT DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC PRODUCTS, HEALTHCARE PROFESSIONALS, TREATMENT PLANS, CONSUMPTION METHODS, PROCEDURES, OPINIONS OR OTHER INFORMAITON WHICH MAY BE MENTIONED WITHIN THE SOFTWARE OR ON A STRAINPRINT WEBSITE. YOU SHOULD NOT ADJUST ANY PART OF YOUR TREATMENT PLAN OR MAKE ANY CHANGES TO YOUR CANNABIS USAGE BASED UPON INFORMATION OR DATA OBTAINED IN USING THE SOFTWARE OR CONTAINED ON A STRAINPRINT WEBSITE WITHOUT FIRST DISCUSSING WITH YOUR HEALTHCARE PROFESSIONAL.
9.DISCLAIMER. THE SOFTWARE LICENSED HEREUNDER MAY CONTAIN DEFECTS. YOU ARE ADVISED TO SAFEGUARD THE TRACKED DATA BY EXPORTING AND STORING IT ON A REGULAR BASIS, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE SOFTWARE AND/OR ACCOMPANYING MATERIALS. STRAINPRINT IS UNDER NO OBLIGATION TO PROVIDE TECHNICAL SUPPORT UNDER THE TERMS OF THIS EULA, AND PROVIDES NO ASSURANCE THAT ANY SPECIFIC ERRORS OR DISCREPANCIES IN THE SOFTWARE WILL BE CORRECTED.
10.No Licence or Representation. Except as expressly set out herein, no licence for any trademark, patent, copyright, or any other intellectual property right is either granted to You or implied by this EULA or any disclosure hereunder.
11.Limitation of Liability. Strainprint and its affiliates, representatives, agents, directors, officers, shareholders, and employees are not responsible for and shall not be liable for: (i) late, lost, delayed, damaged, misdirected, inaccurate, incomplete, or unintelligible registration or data point entries; (ii) telephone, electronic, hardware, or software program, network, Internet, computer, or other malfunctions, failures, or difficulties of any kind, whether human or technical; (iii) failed, incomplete, garbled, or delayed computer transmissions; (iv) any condition caused by events beyond our control; (v) any injuries, losses, or damages of any kind, whether to property or persons, arising in connection with or as a result of your use of the Software, any treatment decisions made by you in conjunction with your use of the Software or from your participation in the Program (as defined below) including but not limited to your receipt and/or use of any Benefits (as defined below); or (vi) any printing or typographical errors in any materials associated with the Software or the Program. Further, in no event shall we, or any of our affiliates, and/or their respective officers, directors, employees, agents, representatives, information providers, and licensors and/or their respective heirs and assigns be liable to you or any third parties for any damages of any kind or nature, including but not limited to, direct, indirect, incidental, consequential, exemplary, special (including loss of profit), punitive, or other damages arising from or in connection with the existence or use or inability of use of the Software (or its web companion, as the case may be) or any such dispute, regardless of whether Strainprint or any of the other entities or persons listed above have been advised as to the possibility of such damages. Under no circumstances are You permitted to obtain benefits for, and You hereby waive all rights to claim punitive, incidental, or consequential damages, including attorneys' fees, other than Your actual out-of-pocket expenses (i.e., costs, if any, associated with using the Software and/or participating in the Program), and You further waive all rights to have damages multiplied or increased. You accept all responsibility for, and hereby indemnify and hold us, our subsidiaries, and affiliates harmless from and against, any actions taken by any user authorized by You to use Your account, including, but not limited to, accrual of Points, redemption of Points, and disclosure of passwords to third parties.
12.Software Provided “As Is”. Provision of any Software under this Agreement shall not create any obligation for Strainprint to continue to develop, productize, support, repair, offer for sale or in any other way continue to provide or develop Software either to You or to any other party. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
13.StrainPointsTM Loyalty Program – Terms and Conditions of Participation
a.The StrainPointsTMLoyalty Program (the “Strainpoints” or “Program”), owned and operated by Strainprint is provided to You (“you,” “your,” or “User”) under the following terms and conditions, including any amendments thereto and any additional terms and conditions, rules, or policies that may be applicable to particular offerings made in connection with the Program (collectively, the “Terms and Conditions”).
Your failure to follow the Program’s rules, whether listed below or in supplemental notices posted at various points in the Program, may result in termination of your access to and membership in the Program and all points you have accrued in the Program, without notice, in addition to Strainprint’s other remedies. Your membership, access to, and use of the Program are subject to the terms and conditions of this agreement and all applicable laws and regulations, including laws and regulations governing copyrights and trademarks. The Terms and Conditions of this section 13 shall supersede all previous loyalty program rules and/or terms and conditions. The following rules may be modified by Strainprint from time to time. Any such changes shall be reflected in an updated version of the Terms and Conditions posted on the Strainprint website and in the Strainprint App. BY ACCESSING THE PROGRAM, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN.
b.Description of the Program. The Program is a mobile app, points-based program where You may accrue points (“Points”) by engaging in certain activities, and may, in turn, redeem Points for certain benefits (“Benefits”) provided by Strainprint or our partners. Points accrued in the Program are non-transferrable to other users or accounts and have no cash or monetary value, unless specifically indicated on the Strainpoints page of the Software. The Program and any Benefits may be changed from time to time at Strainprint’s sole discretion. Any change to the Program or these Terms and Conditions will be posted on the Strainprint website or in the Software. So, You are encouraged to review often.
c.Program Eligibility. Only registered users of the Software are eligible to participate in the Program. However, the Program is void where prohibited by law. Only one member account is allowed per person.
d.Reservation of Rights. The Program and its Benefits are offered to all registered users at Strainprint’s discretion, and Strainprint has the right to modify or discontinue, temporarily or permanently, the Program, including the Point levels and Benefits offered, in whole or in part, for any reason, at our sole discretion. Strainprint may, among other options, withdraw, limit, modify, or cancel any Benefit; increase the points required for any Benefit; or modify or condition the transferability of Benefits. You agree that Strainprint will not be liable to you or any third party for any modification or discontinuance of the Program or Benefit offered, in whole or in part.
e.Membership Registration. In consideration of your use of the Program, You agree to provide true, accurate, current, and complete information about yourself as prompted by the online or mobile registration form, and to maintain and promptly update your personal data to keep it true, accurate, current, and complete. If You provide any information that’s not true, accurate, current, or complete, or if Strainprint has reasonable grounds to suspect that such information is not true, accurate, current, or complete, we have the right to suspend or terminate your account and to refuse any and all current or future use of the Program (or any portion thereof) by You. If you attempt to obtain more than one Program account, we may terminate Your registration immediately and without notice and all earned Points may be forfeited.
f.Earning Program Points. To earn and accumulate Points, You may undertake activities outlined in the Software accessible through Profile/Strainpoints Management. These activities may include, but are not limited to, tracking sessions and referring new users (friends). Users will be granted points for referring friends when the new end user has created a new Strainprint account using the Software. We expressly reserve the right: (i) to establish additional means of accruing points; (ii) to remove any or all of the means currently in effect; and (iii) to exclude certain types of transactions from the accumulation of points. Points can be accrued only for activity undertaken and completed by You and can be applied only to Your account in accordance with terms and conditions contained herein. We will use reasonable efforts to allocate earned points to your account. However, You are responsible for ensuring that Your points are properly credited. If You believe that points have been earned, but have not credited accurately, we reserve the right to require proof of accrual, including, but not limited to, copies of screen shots or similar documentation verifying any tracked sessions claimed that have been performed. We must receive any such claims of points by You and proof of accrual within sixty (60) days after the date such points are claimed to be earned. Points will be maintained in Your account until they are redeemed for benefits or are forfeited, whichever occurs first. All decisions regarding point balances, benefits, forfeitures, and the identity of any individual accessing an account are within our sole discretion. As a member of the Program, You may sign up to receive personalized emails, information, and offers from Strainprint and/or its partners ("Partners") or as otherwise specified by Strainprint via email. At any time after sign up, You may opt out of emails by clicking on the unsubscribe link at the bottom of each email or updating your profile in your account. You may view a summary of Your Program points on the Software or any accompanying website companion, as the case may be.
g.Redeeming Program Points. You may redeem points accrued in Your account for available Benefits, provided that your account is in good standing at the time of the points redemption request. The amount of points available for each qualified Benefit and the types of Benefits available for redemption shall be determined at the sole discretion of Strainprint, all of which is subject to change, modification, addition, or deletion from Strainprint at any time and without prior notice. Users may redeem points by clicking on a redemption button or by contacting Strainprint through the Contact Strainprint feature accessible from the Profile menu. When contracting Strainprint, please provide Your mailing address so we can ship Your loyalty reward – please also specify which reward You would like to redeem for (note: you must have earned enough points to redeem for the product you are requesting). Once Strainprint is contacted, we will verify your points balance and contact You to verify shipping details. Once Strainprint has verified Your account and qualifies Your ability to redeem, the requisite points will be deducted from Your Strainpoints account balance. Points earned in two or more different accounts may not be combined to redeem any Benefit. Redeemed Benefits are not refundable, exchangeable, replaceable, redeemable, or transferable for cash, credit, other benefits, or points under any circumstances. NOTE: Different conditions for redemption of points may apply depending on local provincial regulations.
h.Expiration of Program Points and Treatment Coupons. If Your account is closed: (i) voluntarily by You; (ii) for cause by us; or (iii) due to inactivity, all points will be forfeited.
i.Fraud. Fraud or abuse relating to the accrual of points or redemption of points for Program Benefits may result in forfeiture of Your accrued points, as well as the termination of Your account. You are solely responsible for any fraudulent use of Your points that may occur due to the theft of or sharing of Your password. The Program is provided to individual users who are natural persons for their own personal use. IT WILL BE CONSIDERED FRAUDULENT AND A VIOLATION OF THESE TERMS AND CONDITIONS FOR YOU TO SHARE WITH OTHER MEMBERS POINTS AND/OR OTHER INFORMATION THAT CAN BE REDEEMED FOR POINTS AND/OR BENEFITS. IT IS CONSIDERED FRAUDULENT AND A VIOLATION OF THESE TERMS AND CONDITIONS FOR YOU TO REDEEM POINTS OR OTHER INFORMATION THAT CAN BE REDEEMED FOR POINTS AND/OR BENEFITS THAT WERE RECEIVED FROM OTHER MEMBERS. ANY MEMBER SHARING IN THIS MANNER OR REDEEMING INFORMATION SHARED IN THIS MANNER WILL HAVE THEIR ACCOUNT DELETED AND WILL NOT BE AWARDED ANY BENEFITS.
j.Violation of the Terms. You understand and agree that in our sole discretion, and without prior notice, we may remove points from Your account as a penalty, terminate Your access to the Program, and/or deactivate or delete Your membership account if we determine that You have violated our Terms and Conditions.
14.General
a.Copyrights. You should assume that all contents of the Strainprint App, including all parts related to the Program are copyrighted unless otherwise noted and may not be used except as provided herein and without our express written permission. Except as expressly provided herein, nothing contained herein shall be construed as conferring any licence or right under any Strainprint copyright.
b.Trademarks. All product names, logos, and service marks displayed on this site that are identified by “TM” or appearing in type form different from that of the surrounding text (collectively, the “Trademarks”) are registered or unregistered trademarks owned by or licensed to Strainprint or our affiliates, unless otherwise identified as being owned by another entity. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any licence or right, either express or implied, under any patent or Trademark of Strainprint or any third party. No use of any Trademark may be made without our prior written authorization, except to identify the product or services of Strainprint.
c.Export Restrictions. You acknowledge that Software is of Canadian origin. You agree to comply with all applicable international and national laws that apply to the Software, including the U. S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U. S. and other governments.
d.Legal Fees. In the event that either party shall bring any action to enforce or protect any of its rights under this EULA, the prevailing party shall be entitled to recover, in addition to its damages, its reasonable legal fees and costs (including those of in-house counsel) incurred in connection therewith.
e.Governing Jurisdiction. This EULA is governed by the laws of Ontario, Canada excepting its conflict or choice of law provisions. The parties hereby agree to irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario. The venue shall be Toronto.
f.Miscellaneous Provisions. This EULA constitutes the entire agreement and understanding between Strainprint and You and supersedes all prior and contemporaneous oral or written communications, proposals, representations, understandings, or agreements not specifically incorporated herein. This Agreement may not be amended, except in a writing or digitally signed by an authorized representative of Strainprint and You. This EULA shall be binding upon the respective successors and assigns of the parties hereto. No delay or omission by either party in exercising any right under this EULA shall operate as a waiver of that or any other right. If any provision of this EULA shall be held invalid or unenforceable for any reason, such invalidity or unenforceability shall attach only to such provision and shall not affect or invalidate any other provision of this EULA. For purposes of this EULA, "Affiliate" means an entity controlled by, controlling, or under ultimate common control of a party signing below. Furthermore, the person signing on behalf of the entity named below, has the authority to bind that entity and all of its Affiliates.
© 2020 Strainprint™ Technologies Ltd.
™ marks owned by Strainprint™ Technologies Ltd.
Last updated: Sept 24, 2020