(Last modified March 17, 2021)
Welcome to HexMap. We hope that you will appreciate using our “Services”, which may be visiting or using our website at https://www.hexmap.io/ or any subdomain thereof (the “Website”), accessing or using the HexMap dashboard at https://dashboard.hexmap.io/ or any subdomain thereof (the “Dashboard”) or using our “Application”, which refers to the app for iOS or Android called HexMap that you may have downloaded onto your handheld device (the “Device”).
If you are an Application user, you will be referred to in these TOU as a “User”. As a User, you may have learned about and been asked to download the Application from one of our third-party partners (each, a “Partner”) and your use of the Application will be associated with that Partner, who will provide you with one or more study codes in order to have access to the full functionalities of the Application. Please note that it is possible for your use of the Application to be associated with more than one Partner at a time. Partners (and their employees, contractors and affiliates) are the primary users of the Dashboard, which is not accessible by Users. In these TOU, a User, a Partner or a visitor to the Website may be referred to as “you” or “your”. When a Dashboard user is logged in to the Dashboard, he, she or they may be referred to as a “Logged-in User”.
The Services are owned and operated by HexMap Inc., a Canadian corporation located in Montréal, Canada at the address listed below. Where the present TOU refer to “HexMap” they may refer to HexMap Inc. and / or its affiliates, and their respective shareholders, officers, directors, employees, agents, partners, principals, representatives, successors and assigns (collectively “Representatives”), depending on the context. Any reference to “we”, “our”, or “us” in these TOU shall also refer to HexMap and / or its Representatives.
HexMap reserves the right, at any time and without prior notice, to modify or replace any of the TOU. Any changes to the TOU can be found at this URL or in the Application itself. It is your responsibility to check the TOU periodically for changes. Your use of the Services following the posting of any changes to the TOU constitutes acceptance of those changes. If we make any substantial changes to the TOU that materially affect your legal relationship with HexMap, we will use commercially reasonable efforts to notify you by posting a prominent notice when you use the Services for the first time following those changes, including in the Application.
If you have any questions about the TOU, please contact:
HexMap Legal Services
HexMap Legal Services
410-500 Saint-Jacques Street
H2Y 1S1, Canada
If you have any questions regarding the Services, please contact firstname.lastname@example.org.
In addition to the more specific rules found elsewhere in these TOU, you agree that by interacting with the Services in any way, you agree to:
In order to use the Application, you will be required to have a Device that meets these minimum requirements: an iPhone running iOS 11 and above, or an Android Device running Android version 8.0 and above. Notwithstanding the foregoing, your Device may not have the required hardware or software to run the Application. HexMap and its Representatives will not be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from your inability to use the Application because of your Device not having sufficient hardware or software to use the Application, and disclaims any responsibility in this regard.
a. Accounts and Passwords
As a Partner, in order to be able to access the Dashboard, you will be required to create an account. Accounts are available to any Partner who enters into a separate Services Agreement with HexMap. Each Partner has the ability to set up multiple log-ins to the Dashboard for its employees, contractors and affiliates. Accounts may be approved or rejected by HexMap, which shall be at our sole discretion. As part of the account registration, you will be asked to create a password. It is your responsibility to create a password of sufficient strength that cannot easily be discovered by third parties. You are responsible for maintaining the confidentiality of your password and are responsible for all activities that occur under your account, whether by you or any third party. You agree to immediately notify us of any unauthorized use of your account or any other breach of security regarding your account. You will be able to change your password at any time.
b. Account Information
By submitting Account Information, you represent and warrant that the Account Information is true and accurate to the best of your knowledge. Submitting false or misleading Account Information may result in you being banned from using the Dashboard, at our sole discretion.
If you are a Logged-in User, it is strongly suggested that you log out of your account at the end of every session, or not leave a logged-in account unattended for any period of time. HexMap and its Representatives will not be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from your failure to log out at the end of the session, an unattended logged-in session, or a third party using the Dashboard with your Account Information and accessing your account through any means, and disclaims any responsibility in this regard.
a. Intellectual Property Rights
You acknowledge that: (a) the Services contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) HexMap, its Representatives and/or third parties (via license) own all right, title and interest in and to the Services and content that may be presented or accessed through the Services, including, without limitation, all Intellectual Property Rights therein and thereto. All rights not specifically granted under these TOU are reserved to HexMap and its licensors. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide, whether registered or not.
You agree that you will not, and will not allow any third party, to: (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from, the Services, or content that may be presented or accessed through the Services for any purpose, unless otherwise permitted by these TOU or the functionalities of the Services; (ii) take any action to circumvent or defeat the security deployed or enforced by any functionality contained in the Services; or (iii) remove, obscure, or alter HexMap’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services.
The content, arrangement and layout of the Services, including but not limited to the trademarks, photos, logos, videos, audio, images, text (in the form of plain text, HTML, or PDFs) and Computer Code are proprietary to HexMap, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of HexMap, or as permitted by the functionality of the Services or these TOU. Any unauthorized use of the content, arrangement or layout of the Services, Computer Code, images, logos, videos, audio or trademarks found on the Services or any portion of or derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and HexMap may take action accordingly.
b. Submitted Information
If you choose to communicate to HexMap (via any means) suggestions for improvements to the Services or any idea or proposal related to HexMap or its businesses or properties (collectively, “Feedback”), HexMap shall own all right, title, and interest in and to the Feedback and will be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to HexMap and waive in favor of HexMap, its successors and assigns all your moral rights in the Feedback; and agree to provide HexMap such assistance as HexMap may require to document, perfect, and maintain HexMap’s rights to the Feedback. You acknowledge and agree that, by providing any Feedback to HexMap, you are not entitled to any compensation or reimbursement of any kind from HexMap under any circumstances.
In no way will HexMap be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary: (1) for your use of websites or other services that may be linked to from the Services or the information thereon, including the website or service of any Partner; (2) for any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or services, including the website or service of any Partner; (3) caused by or in connection with, use of or reliance on any content, or products or services (whether free or for purchase) available on or through any linked-to website or service, including the website or service of any Partner; or (4) for the actions of the operators of any such website or service, including the website or service of any Partner.
From time to time, the Services (or any portion thereof) may be unavailable for brief periods of time for maintenance and / or modifications to the Services. While we will endeavour to make this unavailability as brief as possible, HexMap and its Representatives shall not be held liable for any losses or damages, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Services, and disclaims any responsibility thereto.
HexMap may also, in its sole discretion and at any time, discontinue providing the Services, or any part thereof, with or without notice. You agree that HexMap and its Representatives shall not be liable to you or any third party for any losses or damages, pecuniary or non-pecuniary, resulting from termination of your access to the Services, or from HexMap’s termination of the Services or any part thereof.
Termination of the Services or your access to the Services shall terminate the present TOU as between you and HexMap. All provisions of these TOU which by their nature should survive termination of these TOU shall survive termination, including, without limitation, the intellectual property provisions, disclaimers, indemnity and limitations of liability.
You expressly understand and agree that your use of the Services, the information thereon (whether provided by HexMap, a Partner or third parties) or any activity arising from your use of the Services (including but not limited to your participation in a Study) or the information thereon or the materials downloaded therefrom is at your sole risk. The Services, any materials downloaded therefrom, or any third party materials, are provided on an "as is" and "as available" basis, and you will be solely responsible for any damage to your Device or loss of data that results from the download, stream or access of any material obtained through the use of the Services or any other functionalities of the Services, or losses or damages (financial or otherwise) resulting from your use of the Services, the information thereon, any materials downloaded therefrom, or any activity arising from the use of the Services (including but not limited to your participation in a Study), the information thereon or any materials downloaded therefrom.
The information or resources provided through the Services, written or produced by HexMap staff, freelance writers or other subcontractors hired by HexMap are expected to be as accurate as possible at the time of writing or production, and every effort has been made to ensure that the information from the Services is as accurate and up-to-date as possible. However, certain information may change, and errors or omissions may occur. HexMap and its Representatives shall not be responsible for any loss or damage, financial or otherwise, resulting from changes or errors in information, or any omission, on the Services or the information thereon, or your reliance on such information whether the information is correct or not.
HexMap expressly disclaims all warranties of any kind, whether express or implied, including but not limited to: warranties of title and non-infringement; warranties that the Services, the information thereon or any materials downloaded therefrom, and any third-party materials will be uninterrupted, error-free, accurate, reliable and free from viruses and other harmful components; and the implied warranties of merchantability and fitness for a particular purpose. HexMap, its affiliates and their respective Representatives, do not warrant that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors or omissions will be corrected; (iii) any content (whether provided by HexMap or third parties) available at or through the Services is free of viruses or other harmful components; or (iv) the results of using the Services or any content downloaded will meet your requirements.
Some of the content displayed on the Services may include elements that belong to or are provided by third parties. You acknowledge that HexMap assumes no responsibility for such content.
To the extent that the law does not permit a disclaimer of warranties, all content accessible on the Services and all operations on the Services are warranted only to the minimum amount legally required.
The Services are not intended for children under the age of 16. We do not knowingly collect any personal data from a child under 16. If we become aware that we have inadvertently received personal data from a person under the age of 16 through the Services, weIn no case will HexMap or its Representatives or licensees be liable for any indirect, special, consequential, exemplary, punitive damages or other damages, or for any losses, damages, liabilities, costs and expenses arising out of or relating to (i) your access, use, misuse or inability to access or use the Services, or (ii) the interruption, suspension or termination of any part of or all the Services; and in both cases (i) and (ii), regardless of the cause of action (whether in contract, warranty, delict, quasi-delict, tort, negligence, strict liability or any other theory of liability) and even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary in the TOU, in no event will our aggregate liability for any claims in connection with your use of the Services exceed the amount of $100.
You expressly understand and agree that HexMap or its Representatives or licensees shall not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, in contract, tort, strict liability, negligence, general civil liability or any other cause of action under legal or equitable theory, relating to the Services, the information on the Services, your use of the Services, activities arising from your use of the Services (including but not limited to your participation in a Study), any third party materials on the Services (including any Partner materials), or any materials downloaded from the Services. This limitation of liability applies, without limitation, to any damages or injury caused by any error, omission or other failure of performance by HexMap or its Representatives, or any Partner; any interruption, defect or delay in operation or transmission, including communication line failure; any computer virus; and any theft, destruction or alteration of, or unauthorized access to or use of, any electronic records.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions and limitations may or may not apply to you.will delete such information from our records.
These TOU and your use of the Services shall be governed by and construed in accordance with the laws of the Province of Québec, Canada and the federal laws of Canada applicable therein in force at the time without regard to conflict of law provisions. You agree that any legal action or proceeding between you and HexMap shall be brought exclusively in the courts located in the Judicial District of Montréal, Canada. Notwithstanding the foregoing, HexMap shall have the right to bring action against you in courts of competent jurisdiction in the jurisdiction in which you reside or are located: (i) to seek injunctive relief against you; (ii) to obtain a judgment against you where a judgment by the Montréal court will, or may not be, enforced by the jurisdiction in which you reside or are located; or (iii) to enforce in your jurisdiction a judgment obtained against you in the Montréal court.
© HexMap Inc., 2021