By downloading or using the MindPath™ application, these terms will automatically apply to you.
The parties of this license agreement (eXDee Ltd. and You) acknowledge that Apple is not a Party to this license Agreement and is not bound by any provisions or obligations regarding the Application, such as warranty, liability, maintenance, and support thereof. All rights not expressly granted to you are reserved.
3. The Application
MindPath™ is a PRO-based (patient-reported outcomes) mental health navigator which uses validated mental health questionnaires and powerful data analytics, Marbles enables you to gather high resolution data over time to identify and compare what’s going on in your life to changes in your mental health. This data can then be used by you or your healthcare provider to inform you what you can change before it becomes a problem. Daily data acquisition allows the identification of trends and acts as an early warning system to prevent crisis before it happens.
4. Scope of License
You are granted a non-exclusive, non-sub-licensable, non-transferable right to install and use the Application on any Apple mobile devices that You own or control and which supported by the Application as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms of Service.
In the event of any failure of the Application to conform to any applicable warranty, You may notify Apple and Apple will refund the purchase price for the Application to You. To the maximum extent permitted by applicable law Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs and expenses attributable to any failure to conform to any warranty.
Warranty of the Licensor is excluded in the case that faults or defects are caused by unauthorized modification of the Application, inappropriate or culpable handling, by combination with inappropriate hard- or software, or by use of inappropriate accessories, regardless if by Yourself or by third parties.
6. Intellectual Property
We are offering you this application to use for your own personal use and you should be aware that you cannot send it on to anyone else, and you are not allowed to copy, or modify the application, any part of the application, or our trademarks in any way. You are not allowed to attempt to extract the source code of the application, and you also should not try to translate the application into other languages, or make derivative versions. The application itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it belong to eXDee Ltd.
7. Legal Compliance
You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and that You are not listed on any U.S. Government list of prohibited or restricted parties.
8. Updates and Application versions
eXDee Ltd. is committed to ensuring that the application is as useful and efficient as possible. For that reason, we reserve the right to make changes to the application or to charge for its services, at any time and for any reason. We will never charge you for the application or its services without making it very clear to you exactly what you’re paying for.
eXDee Ltd. reserves the right to update the application. The application is currently available on iOS – the requirements for the system (and for any additional systems we decide to extend the availability of the application to) may change, and you’ll need to download the updates if you want to keep using the application. eXDee Ltd. does not promise that it will always update the application so that it is relevant to you and/or works with the iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you. We may also wish to stop providing the application, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the application, and (if needed) delete it from your device.
9. In-App Purchases
The MindPath™ mobile application now offers an “in-app” purchase option which will enable insights about your outcomes and obtain additional information about your patient-reported outcome scores over a time period. This Subscription is offered on an annual or monthly basis.
Payments will be processed through the iTunes app store from which you originally downloaded the application. All amounts are payable and charged monthly or yearly at the beginning of the subscription and, because each such subscription renews automatically for an additional period equal in length to the expiring subscription term until you cancel it, at the time of each renewal until you cancel. You must cancel your monthly or yearly Subscription before it renews to avoid the billing of the fees for the next Subscription period.
You may access the applicable “in-app” purchase rules and policies directly from the iTunes app store.
You should be aware that there are certain things that eXDee Ltd. will not take responsibility for. Certain functions of the application will require the application to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but eXDee Ltd. cannot take responsibility for the application not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.
If you’re using the application outside of an area with Wi-Fi, you should remember that your terms of agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the application, or other third party charges. In using the application, you’re accepting responsibility for any such charges, including roaming data charges if you use the application outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the application, please be aware that we assume that you have received permission from the bill payer for using the application.
Along the same lines, eXDee Ltd. cannot always take responsibility for the way you use the application. eXDee does not accept liability for damage to it, unless it’s caused by any negligence or willful misconduct by our staff. You also need to make sure that your device stays charged for proper use.
11. Apple Minimum Terms Control
You acknowledge and agree that if any of the terms and conditions of this license agreement are inconsistent or in conflict with Apple’s applicable instructions for Minimum Terms for Developer’s End User License Agreement, the terms and conditions of Apple’s instructions for Minimum Terms of Developer’s End User License Agreement shall apply.
Licensor's liability in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of violation of essential contractual obligations (cardinal obligations) Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages.
13. Contact Information
In case of questions, complaints or claims with respect to the Application please contact:
Name: eXDee Ltd. Support Team
Address: 1414 8 Ave NW, Calgary, AB, Canada
Telephone: +1 (403) 453-0220
14. Consent to Data Collection Use
You agree that eXDee Ltd. may collect and use technical data and information, including but not limited to technical information about Your device, system and application software that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products.
It is your responsibility to keep your phone and access to the application secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the Marbles application won’t work properly or at all.