Terms of Use

(Last modified March 17, 2021)

1. Introduction, Acceptance, Definitions, and Modifications

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”).

By downloading the Application on your Device, by tapping an acceptance button upon your use of the Application for the first time or by creating an account to access the Dashboard, you hereby accept to be bound by these Terms of Use (“TOU”) without any reservations, modifications, additions or deletions.  If you do not agree to all the provisions contained in the TOU, you are not authorized to use the Services. The TOU are a legal and binding agreement between you and us.

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.

Additional definitions shall be made throughout these TOU, but they will be recognizable as they will be capitalized, bolded, and in quotation marks. Additional definitions may also be found in the Privacy Policy and will have the same meaning in these TOU as they do there. The definitions found in these TOU shall also apply to the Privacy Policy. Both the TOU and the Privacy Policy govern your use of the Services.

2. Contacting Us

If you have any questions about the TOU, please contact:

HexMap Legal Services
legal@hexmap.io

or:
HexMap Legal Services
410-500 Saint-Jacques Street
Montréal, Québec
H2Y 1S1, Canada

If you have any questions regarding the Services, please contact info@hexmap.io.

3. General Code of Conduct for Use of the Services

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:

  1. Not use the Services  in any manner that in any way violates these TOU or any other applicable policy posted on or in the Services by HexMap;
  2. Not use the Services in any manner that violates any intellectual property rights of HexMap or any third party;
  3. Not use the Services in any manner to propagate spam, including but not limited to unsolicited advertising or bulk electronic mail or messages, including to link to a spam or phishing website;
  4. Not use the Services in any manner to propagate software viruses, Trojan horses, worms, or any other malicious or non-malicious computer code, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment in any form whether belonging to HexMap or a third party, or to damage or obtain unauthorized access to any system, data, password or other information (whether personal data or not) of HexMap, other Services users or any other third party;
  5. Not: (1) take any action that imposes or may impose (as determined by HexMap in its sole discretion) an unreasonable or disproportionately large load on HexMap’s (or its third party providers’) infrastructures; (2) interfere or attempt to interfere with the proper functioning of the Services or any activities conducted on or via the Services; (3) bypass any measures HexMap may use to prevent or restrict access to the Services or any element thereof; (4) use manual or automated software, devices, or other processes to “crawl” or “spider” any page or portion of the Services; or (5) harvest or scrape any content from the Services in an unreasonable manner;
  6. Not take any action or use any process that removes, modifies, disables, blocks, obscures or otherwise impairs any advertising or other promotions in connection with the Services;
  7. Not use the Services to in any way collect information (whether personal information or not) of any third party or in violation of our Privacy Policy;
  8. Not use the Services to advertise or promote products or services that are not expressly approved in advance in writing by HexMap, or as permitted by these TOU;
  9. Not interfere with any third party’s use or enjoyment of the Services;
  10. Not do anything or encourage conduct that would constitute a criminal offense or give rise to civil liability, or is any way unlawful, illegal, fraudulent or harmful to any third party;
  11. Not attempt to do any of the foregoing prohibitions;
  12. Use the Services in good faith, and in compliance with all applicable local, provincial or state, national, and international laws.

4. Disclaimer for Users

If you are a User, your use of the Application is associated with the Partner who has asked you to download the Application in order to participate in their study, survey or otherwise (collectively, the “Study”). The Partner, not HexMap, sets the terms for your use of the Application and their Study in a separate agreement between yourself and a Partner. A Partner’s use of your personal data is also governed by that Partner’s privacy policy, as explained to you in HexMap’s Privacy Policy. The Application is free for you to use, but a Partner may have provided you with an incentive to download and use the Application and to participate in their Study. In connection with all points set forth in this paragraph, HexMap disclaims any and all responsibility, since it does not have any input on a Partner’s Study, a Partner’s expectations of you as a User, a Partner’s privacy policy, terms of use or any other agreement entered into between you and a Partner, nor does HexMap have any control or input with respect to incentives that may have been offered to you by a Partner. HexMap cannot be held responsible for any actions or non-actions of a Partner.

5. Device Requirements

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.

6. Use of the Application

7. Privacy Policy and Permissions for the Application

8. Accessing and Downloading the iOS Application from the Apple App Store, and Related Acknowledgements

9. Accounts

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
The only information required to create an account is your email address. This information you submit as part of the sign-up process may be referred to in the present TOU or the Privacy Policy as “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.

10. Proprietary Rights

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.

The above paragraph further applies to third party property used as part of the Services, including but not limited to third party Computer Code.  For the purposes of the present section, “Computer Code” includes but is not limited to source code in any programming language, object code, frameworks, CSS, PHP, JavaScript or similar files, templates, modules, or any similar files, and related documentation.

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.

11. External Links

From time to time HexMap may provide links to other websites or services. Links from the Services may take you to websites or services not covered by these TOU. When you access third party resources on the internet in this manner, you do so at your own risk. HexMap provides those links as a convenience to you and HexMap takes no responsibility for your use of those other websites or services or protection of your privacy (including collection of your personal information) on those other websites or services. We encourage you to check the terms of use and / or privacy policy of any website or service you visit. HexMap does not make any claim or warranty whatsoever about the content of those websites or services to which we link, or any products or services available through those websites or the third parties operating those websites, including the websites or services of any Partner.

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.

12. Interruption of Service

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.

13. Termination of the TOU and Access to the Services

You agree that HexMap, in its sole discretion, with or without cause, has the right (but not the obligation) to block your IP address, revoke your account credentials, or otherwise terminate your access to or use of the Services (or any part thereof), immediately and without notice, if HexMap believes that you have acted inconsistently with the letter or spirit of the TOU or the Privacy Policy, or have violated any other posted policy.

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.

14. Disclaimer of Warranties

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.

15. Limitation of Liability

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.

16. Indemnity

Notwithstanding any other term of the TOU or any act or failure to act by HexMap or its Representatives, you agree to indemnify, defend and hold harmless HexMap and its Representatives where applicable, from and against any damages, liabilities, costs and expenses (including attorneys’ fees), claims or demands, arising out of: (i) your use of or connection to the Services, the information thereon, the information downloaded therefrom; (ii) your participation in any activities arising from the Services (including but not limited to your participation in a Study), the information thereon or information or materials downloaded therefrom (including Partner materials); (iii) your violation of, or failure to perform your obligations under the TOU or the Privacy Policy; or (iv) your violation of any rights of a third party.

17. Governing Law and Applicable Jurisdiction

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.

18. Miscellaneous Provisions

© HexMap Inc., 2021