Terms of Use
These Terms of Use (the "Terms") govern your access to and use of the website located at propulsionhealth.com (the "Site") and the Propulsion software platform (the "Platform") (collectively, the "Services"), including all user manuals and guides related to the Platform (the "Documentation"), which are provided to you by Propulsion Technologies inc. ("Propulsion," "we," or "our").
These Terms apply to every visitor to the Site and to any user of the Platform, even though your access to the Platform may be provided pursuant to an agreement between Propulsion and your employer or any Propulsion client responsible for linking your user account to a company account (the "Company Account Holder"). In connection with your access to and use of the Platform, you acknowledge that Propulsion is acting solely as an intermediary between you and the Company Account Holder.
To the maximum extent permitted by law, we reserve the right, in our sole discretion, to modify these Terms at any time. In such cases, Propulsion will provide you with reasonable notice before the modified Terms become effective.
These Terms constitute a binding agreement between you and Propulsion concerning your access to and use of the Site. By using and accessing the Services you: (i) acknowledge that you have read and understood each of the Terms herein; (ii) agree to these Terms and accept to be bound by them; and (iii) represent that you are duly authorized by the Company Account Holder to access and use the Platform. If you do not agree to these Terms, do not access or use the Services.
1. Rights Granted
Subject to your strict compliance with these Terms, Propulsion hereby grants you the right to access and use the Platform solely in accordance with the Documentation and for the internal business needs of the Company Account Holder.
The rights granted under this article will terminate immediately upon the first occurrence of either: (i) your ceasing to use the Platform and deleting your account; or (ii) Propulsion, upon reasonable notice, revoking your authorization to use the Platform for any reason.
For clarity, the termination of your employment relationship with the Company Account Holder or the expiration or termination of the rights granted by Propulsion to that Company Account Holder automatically revokes your access to and use of the Platform.
2. User Account
2.1 Account creation
The Platform requires the creation of a user account. When you create an account, you must complete the registration process by providing Propulsion with current, complete, and accurate information. In certain situations, you may have the option to log in via third-party providers such as Google. You must also choose a unique username and a secure password. In case of a breach of this paragraph, Propulsion may terminate your right to access and use the Platform.
2.2 Use of Services by minors
If you are 14 years of age or older but have not reached the age of majority in your jurisdiction, please review these Terms with your parent or legal guardian, and you may only use the Services through their account. Any interaction or communication with you will be directed to your parent or legal guardian. Propulsion does not knowingly collect information from children under the age of 14.
2.3 Account responsibility
You are solely responsible for maintaining the confidentiality of your password and your account, and for all activities that occur under your account. You agree to immediately notify Propulsion of any unauthorized use or security breach.
2.4 Privacy Policy
Any collection and use of your personal information through the Services is governed by our Privacy Policy, which is an integral part of these Terms. In the event of any conflict between these Terms and the Privacy Policy, the terms of the Privacy Policy shall prevail.
2.5 Account security
Although we use commercially reasonable security measures to protect your personal information, we cannot guarantee that unauthorized third parties will never be able to defeat those measures.
2.6 Liability for improper account use
To the extent permitted by law, Propulsion shall not be liable for any loss, including loss of data associated with your account, resulting from another person's use of your password or account, provided that such losses do not arise from a breach of Propulsion's obligations. You are solely responsible for all information entered or uploaded by you on the Platform.
2.7 Use of other accounts
You may not, at any time, use someone else's account, except with the permission of the account holder as their duly authorized agent.
2.8 Account deletion
Propulsion reserves the right to delete any account that is no longer needed or that is inactive for more than twenty-four (24) months. An account is considered inactive if it is no longer linked to a Company Account Holder and you have not logged in for more than twenty-four (24) months.
3. Use of the Services
3.1 Access and use
Subject to your strict compliance with these Terms, Propulsion authorizes you to access and use the Site solely for your personal use or for your internal business needs, and the Platform in accordance with the Documentation.
3.2 Platform features
The Platform allows you to: create and publish information related to your profile; view and participate in challenges and events; receive communications and notifications from Propulsion regarding your use of the Platform; communicate with the Company Account Holder; and receive notifications regarding challenges, participation rates, and results. Propulsion may also offer new services or features, which will be subject to these Terms.
3.3 Accuracy of information
Propulsion makes commercially reasonable efforts to ensure that the information available through the Services is accurate and up to date. However, some information may contain typographical errors, inaccuracies, or minor omissions. We reserve the right to correct them without affecting your ongoing use of the Services.
3.4 Restrictions
You must not, directly or indirectly: (i) copy, modify, or create derivative works from the Services or the Documentation; (ii) rent, lease, sell, sublicense, assign, distribute, publish, or transfer the Services or the Documentation; (iii) reverse-engineer, disassemble, decompile, or decode the Services; (iv) remove any proprietary notices; (v) use the Services as a service bureau or time-share; (vi) use the Services contrary to the Documentation; (vii) provide login credentials to third parties; (viii) share features of the content with third parties; (ix) probe, scan, or test for vulnerabilities; (x) impose an unreasonable burden on the servers; (xi) access data of other users; (xii) knowingly obstruct access to the Services; (xiii) create a similar or competitive platform or service; (xiv) copy personal information without rights; or (xv) use the Services in any manner that infringes any intellectual property right or applicable law.
3.5 Suspension of Services
Propulsion may temporarily suspend your access if it reasonably determines that: there is a threat or attack on the Services; your use disrupts or poses a security risk; you use the Services for fraudulent or illegal activities; your use is prohibited by applicable law; or your use violates these Terms. Propulsion will make reasonable efforts to inform you in writing and to restore access as soon as reasonably possible.
3.6 Compliance measures
The Services may include technological copy protection or other security features. You must not attempt to remove, disable, or circumvent them.
3.7 Investigations
Propulsion reserves the right to investigate any actual or potential violation of these Terms and to take appropriate measures. In the event of a violation, Propulsion has the right, at any time and without notice, to disable your access.
4. Collection and Aggregated Data
4.1 Collection and use of information
Propulsion may, directly or indirectly through third-party services, collect, record, and store information regarding your use of the Services and the equipment used. You agree that Propulsion may use this information to improve performance, study trends, develop updates, and verify compliance with these Terms.
4.2 Aggregated data
Propulsion may monitor your usage of the Services, collect and compile aggregated and anonymized data sets (the "Aggregated Data"). All rights in and to the Aggregated Data belong solely to Propulsion. You agree that Propulsion may generate this Aggregated Data, make it publicly accessible in accordance with applicable laws, and use it to the extent permitted by applicable law.
5. Intellectual Property
5.1 Site, Platform, and Documentation
The Site, the Platform, and the Documentation are provided to you under license, and are not sold or otherwise transferred to you. You acquire no ownership rights other than the right to access and use them in accordance with these Terms. All rights, titles, and interests are reserved and retained by Propulsion.
5.2 Trademarks
All trademarks, domain names, logos, and other designations of Propulsion are its exclusive property. You agree to respect Propulsion's corporate image, not to use the Trademarks, not to harm their reputation, not to use them to promote your products without prior written consent, and not to seek the registration of identical or similar marks.
5.3 Feedback
If you transmit any communications to Propulsion suggesting modifications to the Services, Propulsion shall have the right to use such Feedback. You assign to Propulsion all rights in and to the Feedback and agree to waive any moral rights therein.
5.4 Third-party products
Propulsion may distribute certain third-party products provided or integrated into the Services. Such Third-Party Products are subject to their own terms. If you do not agree to those terms, you must not install or use them.
6. No Warranty
The Services are provided "as is" and "as available" without any warranty of any kind. To the maximum extent permitted by law, Propulsion disclaims all warranties, whether express or implied, including any warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, error-free operation, suitability of content, or availability.
While Propulsion makes every effort to ensure that the information presented is complete and accurate, Propulsion cannot guarantee that such information is free from errors, omissions, or inaccuracies.
7. Limitation of Liability
Propulsion acts solely as an intermediary between you and the Company Account Holder.
To the maximum extent permitted by law, in no event shall Propulsion, its affiliates, or related entities, including their officers, directors, employees, agents, representatives, contractors, or licensors, be liable to you for any damages arising from your access or use of Third-Party Products, the use, interruption, delay, or inability to access or use the Services, including downtime, network issues, force majeure, or events beyond our control.
Propulsion may, at any time and without notice, temporarily suspend access to the Services for maintenance reasons, without obligation to provide compensation.
Propulsion shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from your access or use of Third-Party Products, your relationship with the Company Account Holder, the use or performance of the Services, or any decision made by you based on information provided through the Services.
Your access to the Platform is solely for the benefit of the Company Account Holder and at its discretion. You acknowledge that you have no rights under the agreement between Propulsion and that Company Account Holder.
8. Indemnification
By using the Services, you agree to indemnify and hold harmless Propulsion, its affiliates, officers, directors, shareholders, employees, agents, and licensors from and against any and all damages, claims, liabilities, losses, costs, fines, penalties, and debts, including reasonable legal fees, arising from: (i) your use of the Services; (ii) any complaint by a third party regarding solicitation emails sent by you; and (iii) any other alleged breach of these Terms by you.
9. External Sites
The Services may contain hyperlinks to external websites. Propulsion is not responsible for the availability of these External Sites or the accuracy of their content, products, or services. The hyperlinks do not imply that Propulsion endorses these External Sites. You assume all risks arising from your use of the External Sites and agree to be bound by their terms of use and privacy policies.
10. General Provisions
10.1 Export regulations
The Platform may be subject to export control laws, including Canadian and U.S. export control laws. You must not export, re-export, or disseminate the Platform to any jurisdiction where such action is prohibited.
10.2 Survival of provisions
The provisions that by their nature should survive termination of these Terms shall survive, including provisions regarding ownership, disclaimer of warranties, limitation of liability, and indemnification.
10.3 Assignment
You may not assign or transfer these Terms or any rights or obligations hereunder.
10.4 Notices
We may deliver all legally required notices to you by any legal means, including posting notices on the Site or sending notices to any email address you provide. You agree to send notices to us at support@propulsionsport.com.
10.5 Entire agreement
These Terms, together with the Privacy Policy, constitute the entire and exclusive agreement between Propulsion and you and supersede all prior oral or written agreements.
10.6 Waiver and severability
The failure of Propulsion to enforce any right or provision shall not constitute a waiver of such right in the future. If a court of competent jurisdiction finds any provision invalid or unenforceable, the remaining provisions shall remain in full force and effect.
10.7 Force majeure
Propulsion shall not be liable for any failure or delay due to events beyond its reasonable control, such as strikes, labour disputes, civil disturbances, wars, acts of terrorism, embargoes, natural disasters, epidemics, pandemics, floods, fires, sabotage, or unavailability of electricity.
10.8 Governing law and jurisdiction
These Terms shall be governed, construed, and enforced in accordance with the laws of the Province of Quebec and applicable federal laws, without regard to conflict of laws principles. Any dispute must be brought and resolved exclusively in the judicial district of Quebec, in the Province of Quebec.
Contact us
Propulsion welcomes your comments and questions, which can be sent to support@propulsionsport.com.
This translation is provided for your convenience. In the event of any discrepancy between this translation and the original French version, the French version shall prevail.