THINKFULL USER TERMS

THE APPLICATION IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY, AND SHOULD NOT BE USED FOR THE PURPOSES OF DIAGNOSING OR TREATING A PSYCHOLOGICAL CONDITION.  THE APPLICATION DOES NOT AND IS NOT INTENDED TO PROVIDE MEDICAL ADVICE NOR SHOULD IT BE DEEMED TO BE A SUBSTITUTE FOR MEDICAL CARE.  CONSULT WITH YOUR MEDICAL ADVISOR OR PHYSICIAN BEFORE USING THE APPLICATION.  DISCONTINUE USING THE APPLICATION IF YOU EXPERIENCE A SIGNIFICANT INCREASE IN DISTRESS AND SEEK PROFESSIONAL MENTAL HEALTH CARE.

TELUS DOES NOT MONITOR OR LOG YOUR USE OF THE APPLICATION OR THE INFORMATION THAT YOU ENTER IN THE APPLICATION.  IF YOU ARE IN AN EMERGENCY OR LIFE THREATENING MEDICAL SITUATION, SEEK MEDICAL ASSISTANCE OR DIAL 911.

TO ACCESS THE APPLICATION YOU MUST CLICK “ACCEPT” AT THE END OF THE USER TERMS BY CLICKING “ACCEPT” OR USING THE APPLICATION YOU AGREE TO BE BOUND BY THE USER TERMS.  IF YOU DO NOT AGREE WITH THE USER TERMS YOU MUST CLICK “REJECT” AND YOU MAY NOT USE THE APPLICATION.

Overview

  1. thinkFull™ is an application (“Application”) that is designed to help you monitor your mental health by allowing you to track your stress levels and record your personal thoughts. The Application has the functionality to suggest tips (“Tips”) to you that are intended to improve your mental health and build healthy habits.  These Tips are merely suggestions based on the information that you enter in the Application.  The Tips may include links to third party sites and materials, and these materials may incorporate the Tips as part of a complete wellness strategy.  Reading these materials may help you to better understand the objective of the Tips, and may guide you in how to use the Tips.  It is your decision whether to act on the Tips.

  1. All information (including personal information) (“Information”) that you enter in the Application is stored only on your mobile phone or tablet (“Device”).  The Information stored in the Application may be sensitive, and you will want to keep it private by setting a passcode to access the Application or the Device (or both).

  1. The User Terms as amended from time to time (“Agreement”) contain the terms and conditions that govern your use of the Application.  You agree to comply, and to cause all persons who use the Application to comply, with the terms and conditions of this Agreement.  As you read through this Agreement, please note that: “us”, “our” and “TELUS” refer to the mobility division of TELUS a registered business name of TELUS Communications Company; and “you” and “your” refer to you, as a user of the Application.

  2. The Application is not intended for use by persons under the age of 13. If you are under 13 years old, you may not use the Application. If you are 13 or older but not of legal age to enter into a contract, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand the terms and conditions of this Agreement.

License to use the Application

  1. TELUS grants you a revocable, non-exclusive, non-transferrable, non-sub-licensable, limited right to install and use the Application on your Device.  You agree that your use of the Application and access to all material and content forming part of or related to the Application, shall be at your sole risk.

  2. The Application may contain links to other web sites that are not under the control of TELUS.  TELUS is not responsible for and makes no representations or warranties concerning the material or content of any linked site, any information collection, use or disclosure practices through a linked site or any link contained in a linked site (collectively the “Linked Sites”).  It is your responsibility to verify any material or content contained within the Linked Sites before relying on it.  Also, the material or content contained in the Linked Sites may be changed or updated at any time without notice. TELUS provides links to you only as a convenience and the inclusion of any link does not imply endorsement, investigation or verification by TELUS of the Linked Site. Your use of Linked Sites is at your own risk and may be subject to terms and conditions contained in the Linked Sites, which you should locate and review.

  3. The Application is provided free of charge. However, you may incur third party data costs associated with an Internet connection when you install or use the Application.  For example, you may incur third party data costs when: (a) you download the Application (or any updated version of the Application); (b) you link to the Linked Sites; (c) you choose to share your completed Tips on social media, email your history or trends to yourself or a third party, or provide Feedback, in each case using the Application; or (d) the Device transfers the Report (as defined below) to TELUS.  You are responsible for use of the Application (including all third party data costs), and for the activities of anyone who uses the Application.

  4. You consent to receiving communications from time to time related to the Application, including updates, modifications or enhancements to the Application or any other service announcement, through email.  You consent to TELUS electronically updating, modifying or enhancing the Application, and agree that this Agreement will apply to all such updates, modifications or enchantments, unless accompanied by a separate or updated agreement.

  5. From time to time and without prior notice to you, TELUS may change, expand or improve the Application. TELUS may also, at any time, withdraw part or all of the Application from the applicable app store.  Any change, expansion, improvement or withdrawal of the Application will be done in TELUS’ sole and absolute discretion and without an ongoing obligation or liability to you. Your use of the Application does not entitle you to the continued use or availability of the Application. You are under no obligation to use or continue to use the Application, and may temporarily or permanently cease to use the Application without notice to TELUS.

Application limitations and restrictions

  1. You can only use the Application for your own individual use, with a compatible device and in compliance with law.

  2. The Application is licensed, not sold, to you by TELUS for use strictly in accordance with the terms and conditions of this Agreement.

  3. The performance of the Application may depend on the speed of the Internet connection, the Device specifications and memory storage, and other technical conditions which may be outside of TELUS’ control.

  4. You will not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application; (c) remove, alter or obscure any proprietary notices in the Application (including any notice of copyright or trademark) of TELUS or its affiliates, partners, suppliers or licensors; (d) use the Application in a manner that derives revenue directly from such use, or use of the Application for any other purpose for which it is not designed or intended; (e) install, use or permit the Application to exist on any other device, other than by means of your separate download of the Application, each of which is subject to a separate license; (f) make the Application available over a network or other environment permitting access or use by multiple devices or users at the same time; (g) use the Application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any application, services, product or software offered by TELUS; (h) use any proprietary information or interfaces of TELUS or other intellectual property of TELUS derived from the Application in the design, development, manufacture, licensing or distribution of any other application or service; (i) circumvent, disable or tamper with any security-related components or other protective measures related to the Application; (j) reproduce, archive, retransmit, distribute, disseminate, sell, lease, rent, modify, broadcast, publicly perform, publish or publicly display the Application; (k) misrepresent or spoof your identity when accessing or using the Application; (l) use the Application to send automated queries to any website or to send any unsolicited commercial e-mail, or to violate do-not-call or automatic dialing laws; or (m) use or export the Application in violation of any laws including without limitation United States export laws.

Privacy

  1. TELUS does not have access to the Information.  The Information entered in the Application is only used for the purpose of delivering a personalized experience and is not collected by TELUS.  TELUS recommends that you keep the Information secure and protected to avoid an inadvertent disclosure to third parties or access by third parties.  TELUS is not responsible for any Information that you choose to share with third parties through social media or any other methods.  TELUS recommends that you back up the Information securely at your own expense and risk.

  1. You consent to TELUS collecting, using and storing, from time to time, the following diagnostic and usage reports (“Report”) that arises from your use of the Application: (a) Device type, model and OS; (b) the Application version running on the Device; (c) software bugs and viruses related to the Application; (d) details about the Application not responding; and (d) information about how often users use the Application and its functions (including linking to Linked Sites).  The Report will be sent automatically to TELUS from time to time when your Device is connected to the Internet. The Report will be used by TELUS solely to evaluate and improve the Application.  The Report is collected and sent to TELUS anonymously, and none of the information contained in the Report identifies you personally.

Intellectual property rights

  1. You acknowledge that: (a) the Application and any related material; (b) the source and object code of the Application’s software; (c) the format, directories, queries, algorithms, structure and organization of the Application; and (d) any and all copyrights, patents, trade-marks, trade secrets, publicity rights and other intellectual property rights associated with items (a) through (c) above (collectively, "Intellectual Property"), are the sole property of TELUS and its affiliates, partners, suppliers and licensors. Except as expressly provided herein, you do not possess, and TELUS does not grant to you, any express or implied rights (whether by implication, estoppel or other legal theory) in or to any Intellectual Property, and all such rights are retained by TELUS or its affiliates or licensors, or to any third party owner of such rights.

  2. The Application may utilize or include third party software that is subject to open source licence terms (“Open Source Software”). You agree that your right to use such Open Source Software as part of the Application is subject to and governed by the terms and conditions of any applicable open source licence, including, without limitation, any applicable acknowledgements, licence terms and disclaimers contained therein (collectively, “Open Source Licence Terms”). In the event of a conflict between the terms of this Agreement and the Open Source Licence Terms, the Open Source Licence Terms shall govern.

  1. TELUS and TELUS logos are trademarks of TELUS Corporation, used under license.  All other trademarks, brands, product names that are included in the Application (if any) are the property of their respective owners.

Feedback

  1. If you provide any suggestions, comments, feedback or complete any surveys using the feedback functionality in the Application (“Feedback”), TELUS will be free to use, disclose, reproduce, license and otherwise distribute and exploit any Feedback as TELUS deems appropriate, entirely without obligation or restriction of any kind on account of intellectual property rights or any other rights.  You also waive any moral rights in the Feedback. TELUS will treat any Feedback you provide to TELUS as non-confidential, non-personal and non-proprietary. You agree not to submit any information or ideas using the Feedback functionality in the Application that you consider to be confidential, personal or proprietary.

Warranty disclaimers

  1. The Application is provided on an "as is" and "as available" basis and is not intended to be a substitute for medical advice.  To the fullest extent permitted by law, legal warranties and conditions (implied or statutory) do not apply to the Application.

  2. TELUS does not guarantee that the Application will be compatible or interoperable with the Device. You agree that TELUS and its affiliates, partners, suppliers and licensors will have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.

  3. TELUS is not responsible for: (a) any errors, mistakes, inaccuracies or omissions in the Application, (b) any personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Application, (c) any unauthorized access to or use of the Application, (d) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Application by any third party, (e) any errors, mistakes, inaccuracies or omissions in any material or content (including third party material or content) or for any loss or damage of any kind incurred as a result of the use of the Application, or (f) damages arising out of the transmission of information over the Internet using the Application, which is in unlawful.

Limitation of liability

  1. To the fullest extent permitted by law, TELUS and its affiliates, partners, suppliers and licensors will not be liable to you or to any other person for any damages or expenses (including loss of profits, loss of earnings, loss of business opportunities, loss of data, economic loss or other similar loss, or punitive damages) arising out of or in connection with the use or failure of the Application, whether caused by negligence or otherwise, and whether claimed in contract, tort or otherwise.

Indemnification

  1. If any person makes a claim against TELUS in connection with the use of the Application you will indemnify TELUS and its affiliates against any loss or expense that TELUS may incur, including any judgment made against us.

Termination

  1. This Agreement is effective until terminated by TELUS or you. TELUS may, in its sole discretion immediately terminate this Agreement at any time and for any reason.  In addition, your rights under this Agreement will automatically terminate without notice from TELUS if you fail to comply with any term of this Agreement. Upon termination of this Agreement, you will stop using the Application and uninstall the Application from the Device. TELUS will not be liable to you or any third party if TELUS terminates this Agreement.

  1. The warranty disclaimers section, the limitation of liability section and the indemnification section, will in each case survive any termination of this Agreement.

Third party beneficiaries

  1. Except as provided in this Section nothing contained in this Agreement is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person. Notwithstanding the foregoing, you agree that the third party from whom you downloaded the Application is a third party beneficiary to this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, such third party will have the right to enforce this Agreement against you in its capacity as a third party beneficiary to this Agreement.

Other details

  1. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and TELUS with respect to your use of the Application. If any provision of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall not be affected and each remaining provision shall be valid and enforceable. The failure to exercise a right or require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.

  1. You agree that this Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, and you agree to be bound by the laws of these jurisdictions.