Terms of Use

Last update: October 2nd, 2020

Welcome to the PA-DTI application (the “Application“) which is operated by Lanovaz Lab Inc. (“Lanovaz Lab” or “we” or “us“). As a user (which we refer to as “you” or “user“), you agree to these terms of use by using the Application. This constitutes a contract between you and Lanovaz Lab. If you do not wish to be bound by these terms of use, you must stop using the Application.

1.   Purpose of the Application

The Application is designed to facilitate learning for children aged 2 to 12 with developmental disabilities.

We recommend that the use of the Application be supervised by an educational professional in order to select appropriate programs and parameters for each child.

2.   License

The Application and its content are provided to you under a license, which means that we allow you to copy and use the Application pursuant to the terms and conditions set forth in these Terms of Use, but you do not become the owner of any rights in the Application or its content.

We grant you a non-exclusive, non-transferable, revocable and non-sub-licensable license to install and run the Application on one or more iPad devices (or any other device designated by Lanovaz Lab as compatible with the Application) for the purposes permitted by these terms and conditions. You are authorized to make personal and non-commercial use of the Application for the purposes described in Section 1 hereof.

We may, in our sole discretion, terminate the license granted to you to use all or part of the Application or its content for any reason, including, without limitation, failure to comply with the terms and conditions of use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your license.

3.   YouTube Content

To use the Application, you must create hyperlinks to content hosted by the Youtube service in order to reward the children’s efforts. Youtube links are configured solely by the user and Lanovaz Lab disclaims any responsibility and liability for the content obtained through such links. You are responsible for determining whether the content you link to the Application is appropriate and whether its dissemination on the Application is in compliance with the rights of third parties and the terms of use of the Youtube service. When you link content available on Youtube to the Application, you agree to be bound by the terms of use of the Youtube service available at this address: https://www.youtube.com/t/terms.

4.   Services

The license to the Application does not include any professional services or technical support. We may provide advice or technical support to our users at our sole discretion and on terms determined at our sole discretion, but we make no commitment in this regard.

5.   Updates

Updates to the Application may be made available by Lanovaz Lab at its sole discretion. Any installed updates are subject to these Terms and Conditions or to terms and conditions modified in accordance with Section 18. We do not warrant that any version of the Application will be compatible with your device.

6.   Our Content

The content available through the Application is our property or is used by Lanovaz Lab under license.

The license hereby granted does not give you the right to use, modify, copy, perform, transmit, transfer, display, provide, reproduce, publish, sell or otherwise distribute any part of the Application or content included in the Application (including, without limitation, photos, text, illustrations, sounds or video clips) or obtained through the Application other than for your personal use of the Application in accordance with these Terms of use. You may not license or sublicense the Application or the content available through the Application or create content derived from the content of the Application without our prior written consent.

Some content available through the Application may also be available from other sources and under licenses different from this license. We make no representations about such content, and you are entirely responsible for any use made under any other license.

7.   Prohibited Use

You may not use the Application for any purpose that is illegal or that is not expressly permitted under these Terms of Use. You agree to comply with all laws and regulations applicable to you in connection with your use of the Application.

Without limiting the generality of the foregoing, you are also prohibited from using the Application or permitting any third party to use the Application for :

  • Participate in commercial activities or operate a business;
    • Distribute or make available to the public (whether free of charge or for a fee) the Application or the information and content available through the Application;
    • Conduct competitive research or benchmarking;
    • Participate in the development of an Application, software or learning program offering features similar to those of the Application;
    • Participate in the transmission of spam, or unsolicited mass e-mail communications;
    • Send or disseminate any computer code that is malicious or intended to cause harm;
    • Encourage illegal activities or conduct;
    • Solicit passwords or other confidential information from others;
    • Interfere with or disrupt the operation of the Application or any server or network involved in the operation of the Application;

8.   Personal Data

We do not collect data from the Application except when you choose to share data with us using the features of the Application.

The data collected is processed in accordance with our Privacy Policy (https://www.lanovazlab.com/privacy/). By choosing to share certain data with Lanovaz Lab, you consent to the use of that data in accordance with this policy.

9.   Suggestions

If you choose to communicate with us about improvements to the Application or our services or about new products and services (we will refer to such communications as “Suggestions“):

  • we will be entitled to use the Suggestions without restriction, without any obligation to consult with you or to pay you;
    • you irrevocably assign to us any right, title and interest you may have in the Suggestions and waive any moral rights in the Suggestions;
    • you warrant that your Suggestions do not contain confidential information that you are not authorized to disclose.

10. External Content

The Application may contain links to websites or other mobile applications owned and operated by third parties. We have no control over these sites and are not responsible for their content. We link to external sites only to facilitate navigation and the availability of a link does not imply that we endorse the content of a website.

Websites and pages linked to the Application (for example, our Facebook page) are governed by their own terms and policies, which may differ from these Terms of Use and may not even be under our control. We encourage you to review the applicable terms and policies before visiting and using such websites or linked pages.

11. No Warranty

You acknowledge that your use of the Application is at your own risk. The Application is provided “as is” and without warranty of any kind, whether express or implied, except for warranties, if any, which cannot be disclaimed by law.

We do not warrant that access to the Application will be uninterrupted or secure and that the content available through the Application will be error-free, accurate, complete, and current.

We do not make any representation or warranty about results that may be obtained through your use of the Application.

12. Limitation of Liability

(Not applicable to consumers in Quebec)

To the extent permitted by law, you agree that in no event shall Lanovaz Lab, its directors, employees or officers be liable for any direct, indirect, punitive, incidental, special, consequential or other damages of any kind, including, without limitation, damages for loss of use of data or profits, arising out of the use or performance of the Application or the inability to obtain or use the Application. If you are dissatisfied with all or part of the Application, or with any of the terms and conditions of these Terms of Use, your sole and exclusive remedy is to discontinue using the Application.

13. Indemnification

You agree to indemnify Lanovaz Lab, its affiliates, directors, officers, shareholders, employees, agents and licensors from and against any and all damages, claims, liabilities, losses, costs, expenses, demands, fines, penalties and liabilities, including reasonable legal fees and expenses that would result from (a) your use of the Application, (b) any alleged breach by you of these Terms of use, or (c) your configuration of the Application, including the integration of content into the Application through links to the Youtube service.

14. Duration and Termination

The contract created by these terms of use shall remain in effect as long as you use the Application. We may terminate this agreement at any time by giving you written notice.

15.  Assignment

You may not assign your rights and obligations under these Terms of Use. We may assign our rights and obligations to a third party by notifying you by email.

16. Notice

Any notice required or permitted to be given under these Terms and Conditions shall be in writing, in the case of Lanovaz Lab, to the following email address: support@lanovazlab.com.

17. Applicable Law and Jurisdiction

These terms and conditions and all related transactions shall be governed by and construed in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein.

(Not applicable to consumers in Quebec)

Any dispute or litigation relating to the use of the Application or these terms and conditions must be submitted to a competent court of the Province of Quebec sitting in the judicial district of Montreal, to the exclusion of any other jurisdiction.

18. Modification

We may modify the terms and conditions applicable to any future version of the Application at our sole discretion. You will be required to accept the new Terms of Use before installing and using that new version.