THIS END USER LICENCE AGREEMENT (EULA) is a legal agreement between Strainprint TM Technologies Ltd. ("Strainprint") and you the User (“You”). It describes the rights and obligations that come with using our Software including web and mobile application software and product applications that have been provided to You by Strainprint from either the Apple App Store or the GooglePlay store as well as rebranded versions of the Software.
- Accepting to Be Bound. By (i) clicking “I agree” on the app registration page and signing up; or (ii) installing, copying or otherwise using this Software, You agree to be bound by the terms and conditions of this EULA. If You do not agree with every term and condition of this EULA, do not download, open, install or use the Software or product package. If You have already downloaded the Software, then You must delete it immediately without further use. In addition, certain third party code may be provided with the Software. The third-party licence terms accompanying such code, and not the terms of this EULA, will govern Your use of such code.
- Age. You certify that You are of legal age of majority in the jurisdiction in which you reside (at least 18 years of age) and You represent that You are legally permitted to use this Software.
- Access to Software. You may access and download to your mobile device the latest version of the Software from either the Apple App Store or the GooglePlay store. Once installed on your mobile device, You will choose a Strainprint ID password to login to the Software. You are responsible for maintaining the confidentiality of your Strainprint ID, password and account and for any activity in connection with your account and all
activities that occur under your password. We will not be liable for any loss or damage arising from your failure to comply with these conditions.
- Activation Codes. Through any one or more of Strainprint’s partner programs or medical studies, as may exist from time to time, You may be given a unique activation code approved by Strainprint. Using an Activation Code with Strainprint products is optional, but may provide certain benefits to you as part of that study or program. You are only allowed to use an Activation Code if you were given that code from one or more Strainprint Partners. Use of Activation Codes allows Strainprint to segregate or tag Your Tracked Data and is subject to additional conditions as defined below. You may enter more than one (1) approved Activation Codes in the Profile section of the Software for simultaneous participation in multiple programs or studies. The Activation Code in the first position of entry in the Software will determine the branding, look and feel of the Software version You are using.
- YOUR CONSENT TO THE ACTIVATION CODE. WHEN YOU CHOOSE TO USE AN ACTIVATION CODE, YOU GIVE CONSENT TO STRAINPRINT SHARING YOUR TRACKED DATA WITH THE THIRD PARTY PARTNER WHO PROVIDED YOU WITH THE ACTIVATION CODE. WHILE STRAINPRINT DE-IDENTIFIES YOUR TRACKED DATA BEFORE SHARING IT WITH THIS PARTNER, IT IS POSSIBLE THAT THE THIRD PARTY PARTNER RECEIVING YOUR TRACKED DATA MAY BE ABLE TO LINK IT BACK TO YOU BY REFERENCING THE ACTIVATION CODE USED OR OTHER DATA PROVIDED THROUGH THE STRAINPRINT PLATFORM WITH THEIR OWN SYSTEMS THAT YOU MAY HAVE INDEPENDENTLY AUTHORIZED. IF YOU DO NOT CONSENT TO YOUR INFORMATION BEING SHARED WITH THE THIRD PARTY PARTNER WHO PROVIDED YOUR ACTIVATION CODE, DO NOT INPUT AN ACTIVATION CODE WHEN REGISTERING WITH STRAINPRINT. YOUR CONSENT TO THIRD PARTY PARTNER DISCLOSURE OF INFORMATION THAT CAN LINK TO PERSONAL INFORMATION ON THAT THIRD PARTY’S SYSTEM CAN BE WITHDRAWN AT ANY TIME BY DELETING THE ACTIVATION CODE(S) FROM THE PROFILE SECTION WITHIN THE SOFTWARE. DELETING AN ACTIVATION CODE DOES NOT AFFECT STRAINPRINT’S ABILITY TO USE YOUR ANONYMOUS DATA (AS DEFINED BELOW).
- StrainPoints TM Loyalty Program. StrainPoints TM Loyalty Program (“Strainpoints” or the “Program”), owned and operated by Strainprint, is provided to You under the following terms and conditions, including any amendments. The Program is a mobile app, points-based program where You may accrue loyalty points (“Points”) by engaging in certain activities, and may, in turn, redeem Points for certain benefits (“Benefits”) provided by Strainprint or our partners. Points accrued in the Program are non-transferrable to other users or accounts and have no cash or END USER LICENCE AGREEMENT monetary value, unless specifically indicated on the Strainpoints page of the Software. The Program and any Benefits may be changed from time to time at Strainprint’s sole discretion. Any change to the Program or these Terms and Conditions will be posted on the Strainprint website or in the Software. So, You are encouraged to review often. WHEN YOU ACCESS THE PROGRAM, YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED HERE.
Only registered users of the Software or other Strainprint products are eligible to participate in the Program. However, the Program is void where prohibited by law. Only one member account is allowed per person. Your failure to follow the Program’s rules, whether listed below or in supplemental notices posted at various points in the Program, may result in termination of your access to and membership in the Program and all points you have accrued in the Program, without notice, in addition to Strainprint’s other remedies.
a. Reservation of Rights. The Program and its Benefits are offered to all registered users at Strainprint’s discretion, and Strainprint has the right to modify or discontinue, temporarily or permanently, the Program, including the Point levels and Benefits offered, in whole or in part, for any reason, at our sole discretion. Strainprint may, among other options, withdraw, limit, modify, or cancel any Benefit; increase the points required for any Benefit; or modify or condition the transferability of Benefits. You agree that Strainprint will not be liable to you or any third party for any modification or discontinuance of the Program or Benefit offered, in whole or in part.
b. Membership Registration. In consideration of your use of the Program, You agree to provide true, accurate, current, and complete information about yourself as prompted by the online or mobile registration form, and to maintain and promptly update any age or gender data to keep it true, accurate, current, and complete. If You provide any information that’s not true, accurate, current, or complete, or if Strainprint has reasonable grounds to suspect that such information is not true, accurate, current, or complete, we have the right to suspend or terminate your account and to refuse any and all current or future use of the Program (or any portion thereof) by You. If you attempt to obtain more than one Program account, we may terminate Your registration immediately and without notice and all earned Points may be forfeited.
c. Earning Program Points. To earn and accumulate Points, You may undertake activities outlined in the Software accessible through Profile/Strainpoints Management or in other Strainprint products or services. These activities may include, but are not limited to, tracking sessions and referring new users (friends). Users will be granted points for referring friends when the new end user has created a new Strainprint account using the Software. We expressly reserve the right: (i) to establish additional means of accruing points; (ii) to remove any or all of the means currently in effect; and (iii) to exclude certain types of transactions from the accumulation of points. Points can be accrued only for an activity undertaken and completed by You and can be applied only to Your account in accordance with terms and conditions contained here. We will use reasonable efforts to allocate
earned points to your account. However, You are responsible for ensuring that Your points are properly credited. If You believe that points have been earned, but have not been credited accurately, we reserve the right to require proof of accrual, including, but not limited to, copies of screen shots or similar documentation verifying any tracked sessions claimed that have been performed. We must receive any such claims of points by You and proof of accrual within sixty (60) days after the date such points are claimed to be earned. Points will be maintained in Your account until they are redeemed for benefits or are forfeited, whichever occurs first. All decisions regarding point balances, benefits, forfeitures, and the identity of any individual accessing an account are within our sole discretion. As a member of the Program, You may sign up to receive personalized emails, information, and offers from Strainprint and/or its partners ("Partners") or as otherwise specified by Strainprint via email. At any time after sign up, You may opt out of emails by clicking on the unsubscribe link at the bottom of each email or updating your profile in your account. You may view a summary of Your Program points on the Software or any accompanying website companion, as the case may be.
d. Redeeming Program Points. You may redeem points accrued in Your account for available Benefits, provided that your account is in good standing at the time of the points redemption request. The amount of points available for each qualified Benefit and the types of Benefits available for redemption shall be determined at the sole discretion of Strainprint, all of which are subject to change, modification, addition, or deletion from Strainprint at any time and without prior notice. Users may redeem points by clicking on a redemption button or by contacting Strainprint through the Contact Strainprint feature accessible from the Profile menu. When contacting Strainprint, please provide Your mailing address so we can ship Your loyalty reward – please also specify which reward You would like to redeem for (note: you must have earned enough points to redeem for the product you are requesting). Once Strainprint is contacted, we will verify your points balance and contact You to verify shipping details. Once Strainprint has verified Your account and qualifies Your ability to redeem, your requested item will be sent by mail (or digitally, where applicable) and the requisite points will be deducted from Your Strainpoints account balance. Points earned in two or more different accounts may
not be combined to redeem any Benefit. Redeemed Benefits are not refundable, exchangeable, replaceable, redeemable, or transferable for cash, credit, other benefits, or points under any circumstances. NOTE: Different conditions for redemption of points may apply depending on your local regulations.
e. Expiration of Program Points and Treatment Coupons. If Your account is closed: (i) voluntarily by You; (ii) for cause by us; or (iii) due to inactivity, all points will be forfeited.
f. Fraud. Fraud or abuse relating to the accrual of points or redemption of points for Program Benefits may result in forfeiture of Your accrued points, as well as the termination of Your account. You are solely responsible for any fraudulent use of Your points that may occur due to the theft of or sharing of Your password. The Program is provided to individual users who are natural persons for their own personal use. IT WILL BE CONSIDERED FRAUDULENT AND A VIOLATION OF THESE TERMS AND CONDITIONS FOR YOU TO SHARE WITH OTHER MEMBERS POINTS AND/OR OTHER INFORMATION THAT CAN BE REDEEMED FOR POINTS AND/OR BENEFITS. IT IS CONSIDERED FRAUDULENT AND A VIOLATION OF THESE TERMS AND CONDITIONS FOR YOU TO REDEEM POINTS OR OTHER INFORMATION THAT CAN BE REDEEMED FOR POINTS AND/OR BENEFITS THAT WERE RECEIVED FROM OTHER MEMBERS. ANY MEMBER SHARING IN THIS MANNER OR REDEEMING INFORMATION SHARED IN THIS MANNER WILL HAVE THEIR ACCOUNT DELETED AND WILL NOT BE AWARDED ANY BENEFITS.
g. Violation of the Terms. You understand and agree that in our sole discretion, and without prior notice, we may remove points from Your account as a penalty, terminate Your access to the Program, and/or deactivate or delete Your membership account if we determine that You have violated our Terms and Conditions.
7. Revocation Strainprint may, at any time, revoke Your use of the Software if you breach any of these terms and conditions.
8. Changes to the EULA: Strainprint reserves the right to modify the terms, conditions and policies of this EULA from time to time. If Strainprint makes changes to the terms and conditions of this Agreement, then You will be notified the next time You log in to use the Software.
9. Ownership and Copyright of Software. All the Software you are using through our products and services is protected by copyright laws and international treaty provisions. You agree not to remove copyright or trademark notices from the Software and agree to prevent any unauthorized copying of the Software within Your control (and to report such to Strainprint, if not in your control). Strainprint does not grant any express or
implied right to You under Strainprint patents, copyrights, trademarks, or trade secret information.
10. Limitation of Liability. Strainprint and its affiliates, representatives, agents, directors, officers, shareholders, and employees are not responsible for and shall not be liable for:
(i) late, lost, delayed, damaged, misdirected, inaccurate, incomplete, or unintelligible
registration or data point entries;
(ii) telephone, electronic, hardware, or software program, network, Internet, computer, or other malfunctions, failures, or difficulties of any kind, whether human or technical;
(iii) failed, incomplete, garbled, or delayed
computer transmissions; (iv) any condition caused by events beyond our control; (v) any injuries, losses, or damages of any kind, whether to property or persons, arising in connection with or as a result of your use of the Software, any treatment decisions made by you in conjunction with your use of the Software or from your participation in the Program (as defined below) including but not limited to your receipt and/or use of
any Benefits (as defined below); or
(vi) any printing or typographical errors in any materials associated with the Software or the Program. Further, in no event shall we, or any of our affiliates, and/or their respective officers, directors, employees, agents, representatives, information providers, and licensors and/or their respective heirs and assigns be liable to you or any third parties for any damages of any kind or nature,
including but not limited to, direct, indirect, incidental, consequential, exemplary, special (including loss of profit), punitive, or other damages arising from or in connection with the existence or use or inability of use of the Software (or its web companion, as the case may be) or any such dispute, regardless of whether Strainprint or any of the other entities or persons listed above have been advised as to the possibility of such
damages. Under no circumstances are You permitted to obtain benefits for, and You hereby waive all rights to claim punitive, incidental, or consequential damages, including attorneys' fees, other than Your actual out-of-pocket expenses (i.e., costs, if any, associated with using the Software and/or participating in the Program), and You further waive all rights to have damages multiplied or increased. You accept all responsibility for, and hereby indemnify and hold us, our subsidiaries, and affiliates harmless from and against, any actions taken by any user authorized by You to use Your account, including, but not limited to, accrual of Points, redemption of Points, and disclosure of passwords to third parties.
TERM AND TERMINATION OF THE EULA
12. Term and termination of This Agreement. The Term of this EULA starts when you download the Software and will continue until you choose to terminate it or Strainprint terminates it and your use of the Software if you breach any provision of the EULA. You may terminate it at any time for any reason by deleting Your Strainprint user account. At that point, You shall immediately cease using the Software. If you choose to delete Your
account, then Strainprint will permanently remove all of Your personal information from all of its systems in accordance with industry best practices, which will not be recoverable. Your Tracked Data will be made Anonymous Data. That Anonymous Data will be retained in the Strainprint database in completely anonymized form for Strainprint’s use to improve its analysis of cannabis strains and truly help users.
13. We are not Providing Medical Advice. NO INFORMATION CONTAINED IN THE SOFTWARE OR ON ANY STRAINPRINT WEBSITE IS PROVIDED WITH THE INTENTION OF GIVING MEDICAL ADVICE OR INSTRUCTIONS ON THE ACCURATE USE OF CANNABIS AND IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. STRAINPRINT CANNOT AND DOES NOT ANSWER EMAILS REQUESTING MEDICAL ADVICE OF ANY KIND. YOU SHOULD ALWAYS CONSULT A HEALTHCARE PROFESSIONAL FOR MEDICAL ADVICE. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ IN USING THE SOFTWARE OR ON A STRAINPRINT WEBSITE. STRAINPRINT DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC PRODUCTS, HEALTHCARE PROFESSIONALS, TREATMENT PLANS, CONSUMPTION METHODS, PROCEDURES, OPINIONS OR OTHER INFORMATION THAT MAY BE MENTIONED WITHIN THE SOFTWARE OR ON A STRAINPRINT WEBSITE. YOU SHOULD NOT ADJUST ANY PART OF YOUR TREATMENT PLAN OR MAKE ANY CHANGES TO YOUR CANNABIS USAGE BASED UPON INFORMATION OR DATA OBTAINED IN USING THE SOFTWARE OR CONTAINED ON A STRAINPRINT WEBSITE WITHOUT FIRST DISCUSSING WITH YOUR HEALTHCARE PROFESSIONAL.
14. No Licence or Representation. This EULA does not create any licence for any trademark, patent, copyright, or any other intellectual property right.
a. Legal Fees. In the event that either party shall bring any action to enforce or protect any of its rights under this EULA, the prevailing party shall be entitled to recover, in addition to its damages, its reasonable legal fees and costs (including those of in-house counsel) incurred in connection therewith.
b. Governing Jurisdiction. This EULA is governed by the laws of Ontario, Canada excepting its conflict or choice of law provisions.
c. Miscellaneous Provisions. This EULA constitutes the entire agreement and understanding between Strainprint and You.
© 2020 Strainprint™ Technologies Ltd.
™ marks owned by Strainprint™ Technologies Ltd.
Last updated: 11/27/2020