Terms and conditions

Acceptance:

It is important that you read all the following terms and conditions carefully. This Terms and conditions Agreement (“Agreement”) is a legal agreement between you and Migraine Canada, the owner and operator (“Owner”) of this App (Canadian Migraine Tracker). It states the terms and conditions under which you may access and use the App and all written and other materials displayed or made available through the App, including, without limitation, articles, text, photographs, images, illustrations, audio clips, video clips, computer software, and code (the “Content”).  The term App in this document refers to the Canadian Migraine Tracker mobile application and its Website. 

By accessing and using the App, you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use the App. The Owner may revise this Agreement at any time by updating this posting. Use of the App after such changes are posted will signify your acceptance of these revised terms. You should visit this Terms and conditions agreement (available from the Profile or Settings section of the App), periodically to review this Agreement. 

Minors

This you are under the age of 12, you are not allowed to use this app. If you are between the age of 12 and 18, you may only use our services under the supervision of a parent or legal guardian who agrees to be bound by this Agreement.

Medical emergency

Do NOT use the App for medical emergencies. If you have a medical emergency, call a physician or qualified healthcare provider, or CALL 911 immediately. Under no circumstances should you attempt self-treatment based on anything you have seen or read on the App. 

General information is not medical advice 

The general information provided on the App is for informational purposes only and is not professional medical advice, diagnosis, treatment, or care, nor is it intended to be a substitute therefore. Always seek the advice of your physician or other qualified health provider properly licensed to practice medicine or general healthcare in your jurisdiction concerning any questions you may have regarding any information obtained from this App and any medical condition you believe may be relevant to you or to someone else. Never disregard professional medical advice or delay in seeking it because of something you have read on this App. Always consult with your physician or other qualified healthcare provider before embarking on a new treatment, diet, or fitness program. Information obtained on the App is not exhaustive and does not cover all diseases, ailments, physical conditions, or their treatment. 

No physician-patient relationship

The presentation of general information on the App does not establish a physician-patient relationship between you and the Owner (or any of its physicians) and is not intended as a solicitation of individuals to become patients or clients of the Owner (or any of its physicians).

No endorsements

Unless specifically stated, the Owner does not recommend or endorse any specific brand of products, services, procedures, or other information that appears or that may be advertised on the App.

Patient portal and Migraines report sharing services

If you are an existing patient, the App may allow you to communicate with the Owner and your physician(s) by email, fax (only available in Canada) or by some other electronic means. Communications sent by you to the Owner or your physician, or to you by the Owner or your physician via email, fax or this App may not be secure and may be accessible by third parties. Any use or disclosure of personal information provided by you shall be in accordance with our privacy policy. The Owner may issue to you a username (“Username”) and a password (“Password”) to permit you to access the patient portal portion of the App. You are solely responsible for the confidentiality and use of your Username and Password.

Keep your phone secure

The Canadian Migraine Tracker app stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the app 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 Canadian Migraine Tracker app won’t work properly or at all.

Email communication with the public

The Owner does not wish to use this App as a means of communication with the public (i) regarding questions or issues of a medical nature; (ii) to establish physician-patient relationships; (iii) to book or cancel appointments; or (iv) for inquiries regarding fees, services, or similar matters. Email communications regarding such matters will not be responded to and will be discarded unread.

Disclaimer of warranties

The App and the Content are provided “AS IS” and “AS AVAILABLE.” While the Owner endeavours to provide information that is correct, accurate, current, and timely, the Owner makes no representations, warranties, or covenants, expressed or implied, regarding the App and the Content including, without limitation, no representation, warranty, or covenant that (i) the Content contained in or made available through the App or any item(s) made available on or through the App will be of merchandable quality and/or fit for a particular purpose; (ii) the App or Content will be accurate, complete, current, reliable, timely, or suitable for any particular purpose; (iii) that the operation of the App will be uninterrupted or error-free; (iv) that defects or errors in the App or the Content, be it human or computer errors, will be corrected; (v) that the App will be free from viruses, bugs or harmful components; and (vi) that communications to or from the App will be secure and/or not intercepted.

You acknowledge and agree that your access and use of the App and the Content is entirely at your own risk and liability.

Limitation of liability

In no event shall the Owner, its physicians, officers, directors, employees, agents, licensors, contractors, and their respective successors and assigns be liable for damages of any kind, including, without limitation, any direct, special, indirect, punitive, incidental, or consequential damages including, without limitation, any loss or damages in the nature of, or relating to, lost business, medical injury, personal injury, wrongful death, improper diagnosis, inaccurate information, improper treatment, or any other loss incurred in connection with your use, misuse, or reliance upon the App or the Content, or your inability to use the App, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if the Owner knew of or ought to have known of the possibility of such damages.

The Owner also expressly disclaims any and all liability for the acts, omissions, and conduct of any third-party user of the App, or any advertiser or sponsor of the App (“third-party”). Under no circumstances shall the Owner, its physicians, officers, directors, employees, agents, licensors, contractors, and their respective successors and assigns, be liable for any injury, loss, damage (including direct, special, indirect, punitive, incidental, or consequential damages), or expense arising in any manner whatsoever from (i) the acts, omissions, or conduct of any third-party; and (ii) any access, use, reliance upon, or inability to use any materials, content, goods, or services located at, or made available at, any App linked to or from the App, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if the Owner knew of or ought to have known of the possibility of such damages.

You should be aware that there are certain things that Migraine Canada will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but Migraine Canada cannot take responsibility for the app 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 app outside of an area with Wi-Fi, you should remember that your terms of the 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 app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app 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 app, please be aware that we assume that you have received permission from the bill payer for using the app.

Along the same lines, Migraine Canada cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, Migraine Canada cannot accept responsibility.

With respect to Migraine Canada’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Migraine Canada accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.

Indemnity

You agree to indemnify, defend, and hold harmless the Owner and its physicians, officers, directors, employees, agents, licensors, contractors, and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from (i) your breach of any of the terms and conditions of this Agreement; (ii) your access to, use, misuse, reliance upon, or inability to access or use the App, the Content, or any Website to which the App is or may be linked to from time to time or; (iii) your use of, reliance on, publication, communication, distribution, uploading, or downloading of anything (including the Content) on or from the App

Use of the App

The Owner authorizes you to access and use the App for your personal non commercial use in accordance with the terms and conditions of this Agreement. You acknowledge and agree that the App, and its contents, are intended for the residents of Canada. You may use the App in any country where the App or any of the Content do not violate any laws or regulations.

Copyright

The Content is protected by copyright laws and is owned by the Owner and its licensors, or the party accredited as the provider of the Content. Except as granted in the limited licence herein, any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the App or of its Content, whether in whole or in part, is prohibited without the express prior written consent of the Owner.

Limited licence

Subject to the terms and conditions of this Agreement, you are hereby granted a limited, non- transferable, and non-exclusive licence to access, view, and use the App and the Content for your personal, non-commercial use. You are granted the right to download, store, and/or print single copies of items comprising the Content for your personal, non-commercial use, provided that you maintain all copyright and other notices contained in such Content. You may not copy and/or repost items comprising the Content online. You must also abide by any additional requirements governing the use of any specific Content that may be set out in the App. In the event of a conflict between the terms of a licence governing specific Content and this Agreement, the terms of the specific licence shall govern.

You’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions.

Trademarks

Names, words, titles, phrases, logos, designs, graphics, icons, and trademarks displayed on the App may constitute registered or unregistered trademarks of the Owner or third parties. While certain trademarks of third parties may be used by the Owner under licence, the display of third-party trademarks on the App should not be taken to imply any relationship or licence between the Owner and the owner of the trademark or to imply that the Owner endorses the wares, services, or business of the owner of the said trademark.

Linking

The App contains links to third-party Websites. These links are provided solely as a convenience to you and not as an endorsement by the Owner of any third-party Website or the content thereof. Unless expressly stated, the Owner does not operate any third-party Website linked to the App and is not responsible for the content of any third-party Website, nor does it make any representation, warranty, or covenant of any kind regarding any third-party Website including, without limitation, (i) any representation, warranty, or covenant regarding the legality, accuracy, reliability, completeness, timeliness, or suitability of any content on such third-party Websites; (ii) any representation, warranty, or covenant regarding the merchantability and/or fitness for a particular purpose of any third-party Websites or material, content, software, goods, or services located at or made available through such third-party Websites; or (iii) any representation, warranty, or covenant that the operation of such third-party Websites will be uninterrupted or error free, that defects or errors in such third-party Websites will be corrected, or that such third-party Websites will be free from viruses or other harmful components. While the Owner encourages links to the App, it does not wish to be linked to or from any third-party Website which contains, posts, or transmits any unlawful or indecent information of any kind, including, without limitation (i) any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, provincial, territorial, national, international law or regulation which may be damaging or detrimental to the activities, operations, credibility, or integrity of the Owner; or (ii) any Website which contains, posts, or transmits any material or information of any kind which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark, or other proprietary rights.

Registration

To use certain features of the App, you may be asked to create an account with the App. When you register with the App, you agree (i) to provide true, accurate, current, and complete information about yourself as prompted by any registration form; and (ii) to maintain and promptly update the information to ensure it remains true, accurate, current, and complete. If the Owner has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Owner has the right to suspend or terminate your access to all or part of the App. The Owner’s use of any personally identifying information you provide as part of the registration process is governed by the terms of our Privacy Policy.

Passwords

You are responsible for maintaining the confidentiality of the Password you use in association with your account and are responsible for all activities that occur under your User Name (or email address) and Password. You agree to notify the Owner immediately of any unauthorized use of your Password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. The Owner will not be liable for any loss or damage arising from the Owner’s failure or your failure to protect your Password or account information.

Software licence and ownership

All software embedded in or located on or at the App, including, without limitation, all computer code of all types, including all files and/or images contained in or generated by such software (“Software”) is protected by copyright and may be protected by other rights. All such Software is owned by the Owner, its licensors, or the party accredited with ownership of such Software. You are hereby granted the right to access and use the Software embedded and integrated into the App subject to (i) the terms and conditions of this Agreement; and (ii) any additional conditions which may be imposed on your access and use of such Software. If the App provides Software for download, unless otherwise provided, you are hereby granted, subject to the terms of this Agreement and to any other specific terms and conditions that may apply to your downloading and use of such Software, a personal, non-transferable, non-exclusive licence to (i) install and run one copy of the Software in object code format on a non-networked computer for your personal, non-commercial use; and (ii) to reproduce the Software only as reasonably required to install, run, and make reasonable backup copies as allowed by law. Except to the extent expressly permitted in this Agreement, you may not (i) use, reproduce, modify, adapt, translate, upload, download, or transmit the Software in whole or in part; (ii) sell, rent, lease, license, transfer, or otherwise provide access to the Software; (iii) alter, remove, or cover any trademarks or proprietary notices included in the Software; and/or (iv) decompile, disassemble, decrypt, extract, or reverse engineer the Software or assist others in doing so. Other than the limited licence granted herein, nothing contained in the App shall be construed as granting you any right, title, interest, or other licence in or to any Software embedded or integrated into the App or made available for download from the App, including, but not limited, to any intellectual property rights in the Software. All Software embedded or integrated into the App is provided “as is,” without warranties of any kind, either expressed or implied, including, without limitation, any warranty (i) that the Software is of merchantable quality and/or is fit for any particular purpose; (ii) that the Software will conform with any specification(s) relating to the Software; (iii) that the Software will be free from material defects; (iv) that the Software contains no computer viruses or other contaminants;  or (v) that the Software shall process date and time-related data without causing any processing interruptions, abnormal termination, or process or manipulate any time-related data.

Tools

Any tools or calculators provided on the App are provided for general and illustrative purposes only. Such tools and/or calculators are not medical advice nor are they intended to be a substitute therefor. You should not act or abstain from acting based on any information provided by any such tool or calculator available on this App.

Security

Any information sent or received over the Internet is generally not secure. The Owner cannot guarantee the security or confidentiality of any communication to or from the App.

Modification to the App

The Owner reserves the right any time, and from time to time, to modify or discontinue, temporarily or permanently, the App (or any part thereof) with or without notice to you. The Owner shall have no liability to you or any third party for any modifications, suspension, or discontinuance of the App or any part thereof.

Use prohibited where contrary to law

Use of this App is unauthorized in any jurisdiction where the App or any of the Content may violate any laws or regulations. You agree not to access or use the App in such jurisdictions. You agree that you are responsible for compliance with all applicable laws or regulations. Any contravention of this provision (or any provision of this Agreement) is entirely at your own risk.

Governing law and jurisdiction

The App is operated by 3ALogic Inc., a contractor of the Migraine Canada, based in the province of Quebec, Canada. The head office of Migraine Canada is located in Ontario, Canada.  You agree that all matters relating to your access or use of the App and its Content shall be governed by the laws of Canada applicable therein, without regard to conflict of laws principles. You agree and hereby submit to the exclusive and preferential jurisdiction of the courts of Ontario, Canada with respect to all matters relating to your access and use of the App and the Content as well as any dispute that may arise therefrom and that the applicable law shall be the law of Canada.

Waiver

Any consent by the Owner to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of any other, different or subsequent breach.

Severability

The invalidity or unenforceability of any provision of this Agreement or any covenant contained herein shall not affect the validity or enforceability of any other provision or covenant contained herein and any such invalid provision or covenant shall be deemed severable from the rest of this Agreement.

Notice

Questions or comments regarding the App or our Terms and Conditions should be directed by email to [email protected].

Updates

At some point, we may wish to update the app. The app is currently available on Android & iOS – the requirements for both systems (and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. Migraine Canada does not promise that it will always update the app so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you.

Termination

The Owner may, in its sole discretion, cancel or terminate your right to use the App, or any part of the App at any time without notice. In the event of termination, you are no longer authorized to access the App, or the part of the App affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the App and the disclaimers and limitations of liabilities set forth in this Agreement, shall survive termination of this Agreement. The Owner shall not be liable to any party for such termination.

We may also wish to stop providing the app, 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 app, and (if needed) delete it from your device.

Privacy Policy

Who We Are?

We are the Migraine Canada.

Our website address is: migrainecanada.org

Migraine Canada provides the Canadian Migraine Tracker app as a Free app. This SERVICE is provided by Migraine Canada at no cost and is intended for use as is.

This page is used to inform visitors regarding our policies with the collection, use, and disclosure of Personal Information if anyone decided to use our Service.

If you choose to use our Service, then you agree to the collection and use of information in relation to this policy. The Personal Information that we collect is used for providing and improving the Service. We will not use or share your information with anyone except as described in this Privacy Policy.

The terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, which is accessible at Canadian Migraine Tracker unless otherwise defined in this Privacy Policy.

Information Collection and Use

For a better experience, while using our Service, we may require you to provide us with certain personally identifiable information, including but not limited to Name, Email, Date of Birth, Physician Contact Information, Health Data Related to Migraines (Frequency, Severity, Triggers, Symptoms, Medication, LifeStyle practice, etc). The information that we request will be retained by us and used as described in this privacy policy.

The app does use third party services that may collect information used to identify you.

Link to privacy policy of third party service providers used by the app

• Google Play Services
• Apple Privacy Policy

Analytics

We use the services of Google Analytics to collect traffic statistics from our website. You can view the Google Privacy Policy here.

Log Data

We want to inform you that whenever you use our Service, in a case of an error in the app we collect data and information (through third party products) on your phone called Log Data. This Log Data may include information such as your device Internet Protocol (“IP”) address, device name, operating system version, the configuration of the app when utilizing our Service, the time and date of your use of the Service, and other statistics.

Cookies

Cookies are files with a small amount of data that are commonly used as anonymous unique identifiers. These are sent to your browser from the websites that you visit and are stored on your device’s internal memory.

This Service does not use these “cookies” explicitly. However, the app may use third party code and libraries that use “cookies” to collect information and improve their services. You have the option to either accept or refuse these cookies and know when a cookie is being sent to your device. If you choose to refuse our cookies, you may not be able to use some portions of this Service.

Service Providers

We may employ third-party companies and individuals due to the following reasons:

• To facilitate our Service;
• To provide the Service on our behalf;
• To perform Service-related services; or
• To assist us in analyzing how our Service is used.

We want to inform users of this Service that these third parties have access to your Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.

Who we share your data with

Your information may be shared with your Physician or with your Medical Clinic.

If requested by you, we may share your personal data and health data with your physician or with your medical clinic.  You are responsible to provide us the exact information where to share the information using the app (email or fax number of your physician or the medical clinic).  This service is only available in Canada. 

Please note that anonymized data may be shared with Migraine Canada and the Canadian Headache Society for research purposes.

We may use your name and email to communicate with you.

By using this app, you agree to be part of our Mailing list. Our mailing list may be used to send you information and update about the app, changes in our terms and conditions, change in our privacy policy, migraine related health information and migraine related events.  You may unsubscribe from our Mailing list at any time using the unsubscribe link provided at the end of our email.

How long we retain your data

For users that register on our app, we store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their email address). The app administrators can also see and edit that information.

We store personal heath data related to migraines.  The app administrators can also see and edit that information.  You physician or your medical clinic can see this information if you decide to share your data with your physician or medical clinic. 

The data recorded using our app are kept indefinitely. This allows us to consult this data as needed to provide you with better service.

What rights you have over your data

If you have an account with this app, you can request to receive an exported file of the personal data we hold about you, including any health data you have provided to us. You can also request that we erase any personal data or health data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

How de we protect your data

The personal information we collect is kept in a secure environment. People working for us are required to respect the confidentiality of your information.
To ensure the security of your personal information, we use the following measures:

• Access Management – Authorized Person
• Access Management – person concerned
• Computer backup
• Login password
• HTTPS encryption protocol
• Encrypted link to your Migraine Reports

We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.

What data breach procedures we have in place

In the event of a data leak, we will contact the persons concerned by email. We may also post a notice on our website or on the app website: migrainetracker.ca.

Data Hosting Server Location

Your data are stored on a server of the company OVHCloud Canada. 1801, avenue McGill College
Bureau 800 Montréal (Québec) H3A 2N4. The server is physically located in the city of Beauharnois, Quebec, Canada. You can access the Data hosting company website here: https://www.ovhcloud.com/en-ca/. You can access OVHCloud Canada privacy policy here: https://www.ovhcloud.com/en-ca/terms-and-conditions/privacy-policy/

Links to Other Sites

This Service may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the Privacy Policy of these websites. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

Changes to This Privacy Policy

We may update our Privacy Policy from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Privacy Policy on this page. These changes are effective immediately after they are posted on this page.

Contact Us

If you have any questions or suggestions or concerns, do not hesitate to contact us at [email protected].

Last update : February 11, 2024