Last Modified on May 15, 2020
Understanding our Role
We are only responsible for providing the TAMVOES Platform which allows individuals (the “User”, “you” or “your” as context dictates) to input data for journaling and health information recording information purposes. Our Platform is not meant to be used by an organization for the benefit of others. Our Platform is meant to be used for an individual’s own information.
Our Platform may be useful to you for various reasons, but your uses may be compromised by incorrect information recording, or alteration of your information intentionally or inadvertently by you or someone else who you authorized to operate our Platform on your behalf, or who access your records without your consent (see “Credentials Management and Incidents” section below). We do not monitor any usefulness, reliability or accuracy of any information which is populated by you in our Platform.
Our Platform may offer predictive analytics as a feature that may provide suggestions to you in respect of your health – these suggestions are only for informational purposes and should not be viewed as medical advice or medical diagnosis. Please do not substitute our Platform for your doctor’s expertise.
We do not have any particular suggestions or recommendations of what you do with information you record on our Platform. We trust you to use our Platform for your purposes, as you see fit. See the “Disclaimer” section below for further limitations.
You are solely responsible for the hardware purchase and maintenance and the provision of all Internet connectivity, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
Registration and Account Set-up. You must create an Account on our Website to use our Platform. Once an Account is created, you are responsible for managing the Account. You should also inform us promptly of any changes to the information provided in order to ensure effective communication with you and TAMVOES.
Credentials Management and Incidents. You shall: (1) keep your Credentials strictly confidential and secure; and (2) inform us immediately if the confidentiality of any part of your Credentials have been compromised (e.g. you or someone you authorized has shared your Credentials with a third party or you believe there is a credible chance of the security of your Account being compromised).
Suspicious Activity. We retain the right, but do not have the obligation, to suspend your Account and take any other reasonable action if we suspect any unauthorized access to your Account or note that there is suspicious activity in relation to your Account, and you agree to assist in executing such actions, which may involve your resetting of passwords or taking other measures as may be required.
If any communication you receive looks suspicious or has links that you do not expect, please do not open or click through. Instead, email us at email@example.com.
Cancellation by User. Subscribers may decide at any time to cancel your Account. Please note that if you cancel your Account, we will store your data for 7 years, after which you will no longer be able to access the data which was resident on our system during the Term.
Cancellation by TAMVOES. We reserve the right to suspend, and if deemed appropriate, cancel your right to utilize our Platform. If we suspend or cancel your Account, you may not be able to download any data from our Website, but you may request access to your data within seven (7) days of your Account cancellation/suspension and we will provide such data during this period on a commercially reasonable basis.
Fees Payable by Subscriber. Subscription to our Platform is free. You may be charged fees for specific features on our Platform and any fee will be self-evident on our Website in our Platform.
Fee Changes. We may in the future implement a new fee, or modify an existing fee, for certain current or future Platform offered. If we revise our fees, we shall notify subscribers by posting the revisions on the Website or by sending them an email.
Currency. Any applicable fees payable to TAMVOES will be in Canadian dollars.
Representations, Warranties and Covenants.
Restricted Actions. You covenant that you shall not:
Ownership and Reservation of Rights to TAMVOES Intellectual Property.
TAMVOES and its licensors own all Intellectual Property Rights in our Platform.
You shall not obtain any ownership interest in our Platform as a result of your provision, access or use of our Platform.
Your Input. We shall have a royalty-free, worldwide, transferrable, sub-licensable, irrevocable, perpetual license to use or incorporate into our Platform any User Input. Users shall have no obligation to provide User Input. Although TAMVOES does not seek to monitor or control the submission of User Input, we reserve the right to delete, move and edit any User Input submitted where, in our sole and absolute discretion, it is considered prudent or necessary to do so. User Input is the solely your responsibility - you shall be solely responsible for your User Content and any consequences that may arise from posting, providing or publishing it on the Website.
Monitoring of User Activity and Privacy
Corrective Action and Notice
If you as a subscriber become aware of any actual or threatened activity by a User which is prohibited by “Restricted Actions”, you shall immediately (a) take all reasonable and lawful measures within your control that are necessary to stop the activity or threatened activity and to mitigate its effects (including, where applicable, by discontinuing and preventing any unauthorized access to our Platform), and (b) notify TAMVOES of any such actual or threatened activity.
Permission for Communication
We use email and other electronic means to stay in touch with Users. You agree that when you provide us your e-mail address or personally identifying information (e.g. name, address) during or prior to access of our Platform or use of any other service or tool provided through or on the Website, you: (1) consent to receive communications from us, our affiliates, and the applicable Third Party Provider in electronic formats, including via the email address you have submitted or other agreed upon contact methods; (2) can opt-out from receiving communication from any such party at any time by completing the formalities on the Website, but we do not take on any liability for any communication of another party to you, particularly if you have provided your contact information to them independently rather than using the communication functions of the Website; and (3) agree that our Terms, agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications would satisfy if they were in writing and physically presented to you.
IN ADDITION TO ANY OTHER DISCLAIMERS SET OUT IN OUR TERMS, OUR PLATFORM, INCLUDING ALL ITS CONTENT AND FUNCTIONS, ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND MADE BY US. WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, RELIABILITY OR ACCURACY, OR INTEGRATION WITH ANY SYSTEM.
TAMVOES DOES NOT CERTIFY ANY CONTENT, INCLUDING PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY APPEAR OR BE REFERENCED IN THE TAMVOES CONTENT OR ON OUR WEBSITE. RELIANCE ON ANY CONTENT AND ANY OTHER INFORMATION, HOWEVER PRESENTED, OBTAINED THROUGH OUR PLATFORM, IS SOLELY AT YOUR OWN RISK.
ALTHOUGH OUR PLATFORM MAY PROVIDE ACCESS TO THIRD PARTY PROVIDERS, WE ASSUME NO OBLIGATION AND PROVIDE NO GUARANTEES WHATSOEVER IN CONNECTION WITH THE PERFORMANCE OF SUCH THIRD-PARTY PROVIDERS. WE ARE NOT RESPONSIBLE TO YOU FOR THE CONDUCT OF ANY SUCH THIRD PARTY OR FOR ANY ERROR, DELAY, OR DEFICIENCY OF ANY PART OF THE SERVICE THEY PROVIDE, INCLUDING THE AVAILABILITY OF TELECOMMUNICATION PLATFORM FROM YOUR PROVIDER AND ACCESS TO OUR PLATFORM AT ANY TIME OR FROM ANY LOCATION; ANY LOSS, DAMAGE OR SECURITY INTRUSION OF THE TELECOMMUNICATION PLATFORM; AND ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH OUR PLATFORM.
WE DO NOT WARRANT THAT ANY PART OF OUR PLATFORM OR THE FUNCTIONS THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT SOLUTION OR ANY ITEM CONNECTED WITH THE WEBSITE IS FREE OF VIRUSES OR ANY HARMFUL COMPONENTS, OR THAT OUR PLATFORM ARE IMPERVIOUS TO HACKS OR DATA LOSSES, OR THAT ANY TRANSMISSION TO AND FROM US OR COMMUNICATION BY YOU IS CONFIDENTIAL OR SECURE, EVEN IF WE BECOME AWARE OF ANY, OR ARE TOLD ABOUT, A POTENTIAL BREACH. YOU AGREE THAT YOUR USE OF OUR PLATFORM CREATES NO OBLIGATION ON US AND THERE IS NO RELATIONSHIP (WHETHER CONTRACTUAL, FIDUCIARY OR OTHERWISE) CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO OUR TERMS.
Release and Indemnification
We may, at our sole discretion and expense, choose to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our written consent.
Your only remedy with respect to any dissatisfaction with (i) TAMVOES, (ii) our Terms, (iii) any policy or practice of TAMVOES, or (iv) any content or information transmitted through our Platform, is to cancel your subscription and to stop using our Platform.
Under no circumstances shall TAMVOES and its officers, directors, employees, agents, successors and permitted assigns be liable for any indirect, incidental, special, consequential or exemplary damages arising from or relating to the use of our Platform. This includes, but is not limited to, any loss of profit, earnings, anticipated earnings, interruption or loss of business, or any consequential losses, problems, or fault howsoever arising out of the use of our Platform.
Under no circumstances shall we be liable for the acts, omissions or conduct of any third party users of our Platform and you must ensure that you inform such third parties, who may benefit from any part of our Platform, of this fact.
TO THE FULLEST EXTENT OF THE LAW, WITHOUT LIMITING THE FOREGOING IN THIS SECTION ENTITLED “LIABILITY” THE LIMIT ON TAMVOES’S TOTAL CUMULATIVE LIABILITY TO YOU OR ANY PERSON FOR ANY CLAIMS ARISING FROM OR RELATING TO OUR PLATFORM SHALL BE LIMITED TO A MAXIMUM OF $1.00.
Term and Termination
Our Terms shall be deemed to be applicable to you upon your use of our Platform and shall terminate only upon an actual deactivation of your Account through the means provided on the Website. Abandonment or non-use of the Account shall not lead to an automatic termination of your Account.
We may terminate your access to all or any part of our Platform at any time, with or without cause and with or without notice, effective immediately and for any reason deemed appropriate in our sole discretion. If your Account is idle for more than 8 months, we may send you a notice to let you know that unless you utilize your account within a certain period of time, we may close your Account and delete any information associated with the Account.
You may cancel your Account at any time by using the features on our Platform to cancel accounts. You may terminate your obligations to us at any time by canceling your Account and discontinuing use of our Platform.
Modification of our Terms
Our Terms and any access to or use of our Platform shall be governed by, and construed in accordance with the internal laws of the Province of Ontario and the federal laws of Canada therein, without giving effect to any choice or conflict of law provision or rule (whether of the Province of Ontario or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the Province of Ontario.
Dispute Resolution Through Arbitration
Waiver of Class Proceedings
Users hereby waive any right they may have to commence or participate in any class action lawsuit against TAMVOES related to any claim, dispute or controversy and, where applicable, Users hereby agree to opt out of any class proceeding against TAMVOES otherwise commenced.
If any portion or provision of our Terms shall to any extent be declared illegal or unenforceable by a court of competent jurisdiction, then the remainder of our Terms, or the application of such portion of provision in circumstances other than those as to which it is so declared illegal or unenforceable, shall not be affected thereby, and each portion and provision of our Terms shall be valid and enforceable to the fullest extent permitted by law.
Headings and Summaries
Except as otherwise stated in our Terms or as expressly required by law, any notice to us, including for purposes of termination, shall be given in writing by certified postal mail to:
or by email to:
Any notice to you shall be given to the most current email address in your Account.
Other Rules of Interpretation
Any reference to gender includes all genders; words importing the singular number only shall include the plural and vice versa; the word “or” “is not exclusive; the words “including”, “includes” and “include” mean “including without limitation”; and “shall” means “will” and “must”, all three of which can be changed interchangeably and shall not mean “may”.
No Waiver of Covenants
Failure by any party to insist upon the strict performance of any of the covenants, agreements, terms, provisions or conditions contained in our Terms or to exercise any election shall not be construed as a waiver or relinquishment of such covenant, agreement, term, provision or condition but the same shall continue and remain in full force. No waiver shall be deemed to have been made unless expressed in writing.
“Account” means a User’s account that was registered on our Website and created for the purposes of accessing our Platform.
“Aggregated Information” means all information derived from your use of our Platform and include without limitation, usage information, data and other content, provided however, such information shall not be able to reveal the identity of the User.
“Certify” means being officially recognized as possessing a certain qualification, criteria or meeting certain standards.
“Content” means any information, text, document, articles, blogs, links, reports, data, databases, tools, e-mail, code, photographs, pictures, audio, video, postings, graphics (including illustrations and animations), comments, interfaces, webpages, files, software, product names, TAMVOES names, trade-marks, logos, trade names, or other materials.
“Credentials” means Account log-in and other details which are relevant to your access to our Platform.
“TAMVOES Content” means any Content provided by us on the Website in provision of our Platform.
“Handle” means to process, record, transfer, access, receive, use, disclose, retain, dispose of, destroy, manage, collect, store, or otherwise handle and any variation of “Handle” and “Handling” has the same meaning depending on the context.
“Intellectual Property” means inventions, discoveries, or improvements (whether patented or able to be patented and whether or not reduced to practice), including patents, patent applications, certificates of invention, utility models, continuations, continuations-in-part, provisional, divisions, reissues, renewals, re-examinations and extensions thereof; trade secrets, know-how, designs, methodologies, processes, rights in data, and similar rights; semiconductor chip protection and mask work right; the protection of works of authorship or expression and copyright (whether or not registered); trademark, trade names, service marks, logos, domain names and trade dress; and similar rights under any laws or international conventions throughout the world, whether now existing or hereafter arising or developed, including the right to apply for registrations, certificates, or renewals with respect thereto, the rights to prosecute, enforce, and obtain damages.
“Intellectual Property Rights” means any rights pertaining to Intellectual Property.
“Laws” means any statute, ordinance, regulation, rule, code, constitution, treaty, common law, governmental order or other requirement or rule of law of any governmental authority.
“Third Party Providers” means any an independent third-party provider that may be accessible through our Platform, including any organization which is governmental or regulatory in nature.
“User(s)” means anyone who is using our Platform, whether or not the person has an Account.
“User Input” means any Content submitted or otherwise shared by a User in the course of provision of our Platform, including suggestions, modifications or other actions undertaken by User or is otherwise shared with other Users through the Website.
“Website” means (i) any website including https://TAMVOES.com and a sub-domain of any such websites, and (ii) any mobile application for such websites or any other website operated by us, in connection with our Platform provided to you.