THIS IS A LEGAL AGREEMENT. IT IS IMPORTANT THAT YOU READ THESE TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, YOU MUST DISCONTINUE YOUR USE OF THE WEBSITE.
Cerebra Health Inc. ("Cerebra", "we", "us", and "our") welcomes you to cerebra.health, (collectively, including all content and functionality available through the cerebra.health domain name, the "Website"). Please read these terms and conditions (this "Agreement") carefully as they govern your access and use of Cerebra's services available via the Website (the "Services"). Please note that your use of the Website constitutes your agreement to follow and be bound by the terms of this Agreement. If you do not agree to this Agreement, please do not use this Website. Cerebra may revise this Agreement at any time, at its sole discretion, by posting an amended Agreement on the Website. Any changes that Cerebra makes to this Agreement will be effective immediately upon posting.
Responsibility for Minors. The Website may only be used by individuals who are over the age of majority in the jurisdiction from which they access the Website and the jurisdiction in which they are ordinarily resident.
Services. The Website offers access to sleep study services, information on sleep health, and information on sleep disorders. Sleep study services provided by the Website include the collection and analysis of your physiological signals.
Ownership. The Website and all of its information and contents, such as text, data, sound, messages, graphics, software and the HTML used to generate the pages (collectively, "Materials and Content"), is the property of Cerebra and its licensors and is protected under applicable intellectual property laws. The names and logos identifying the Website and its services are either trademarks of Cerebra or trademarks which Cerebra is licensed to use.
Permitted and Prohibited Uses. The Website and the Services may be used only for lawful purposes and is available only for your personal, non-commercial use, which shall be limited to viewing the Website, using the Services, and providing information to the Website. You may not use the Website or the Services if you live in a jurisdiction where access to or use of the Website may be illegal or prohibited by applicable law. You agree that any other use of the Website or the Services is strictly prohibited and you agree that you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, commercially exploit or create derivative works of or distribute any Materials and Content from this Website or generated by use of the Services in whole or in part, for any purpose without the specific prior written permission of Cerebra. Notwithstanding the foregoing, you may share the results produced for you from using the Services (the "Your Results") for non-commercial purposes. If you choose to share and display Your Results you do so solely at your own risk. Cerebra takes no responsibility for any consequences of sharing the Your Results.
Social Media. You may share Your Results on social media platforms (Facebook, Twitter, Instagram, Snapchat, etc.).
Termination. Cerebra shall be entitled to terminate your permission to use the Website and/or shall be entitled to terminate the operation of the Website at any time, without notice. Cerebra may, in its sole discretion, modify, change, update, suspend or terminate, temporarily or permanently, the Website or any part of it or any of its Services at any time, for any reason, without any notice or liability to you or any other person without penalty.
Your Conduct. You warrant and undertake that in your use of the Website you shall:
- use the Website only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use of the Website by, any third party;
- not engage in any conduct which is unlawful, which may harass or cause distress or inconvenience to any person or which may promote an illegal activity, racism, bigotry, hatred or physical harm of any kind against any group or individual;
- not engage in any conduct which is fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, scandalous, offensive to public morals, or other conduct which Cerebra finds, in its sole discretion, to be objectionable;
- not use the Website for any commercial use, without the prior written authorization of Cerebra. Prohibited commercial uses include any of the following actions taken without Cerebra’s express approval:
- sale of access to the Website or its related services on another website; use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue; and
- the sale of advertising, on the Website or any third-party website, targeted to Cerebra content; and any use of the Website or its related services that Cerebra finds, in its sole discretion, to use Cerebra’s resources with the effect of competing with or displacing the market for Cerebra;
- not use the Website to impersonate or input information on behalf of another individual nor use another individual’s account;
- not transmit or distribute any material or information which contravenes any applicable law or any person's legal rights, including intellectual property rights, privacy rights and publicity rights;
- not post any information which is threatening, abusive, defamatory, obscene, incomplete, false, inaccurate or not your own;
- not solicit from or provide to other users passwords, telephone numbers, street addresses, email addresses or other personal identifying information or use the communication systems provided by the Website (e.g. comments, email) for any solicitation purposes;
- not collect or harvest any personally identifiable information, including account names, from the Website;
- not interfere in any way with the Website's or Cerebra’s networks or network security, or attempt to use the Website's service to gain unauthorized access to any other computer system;
- not access data that is not intended for you;
- not log on to a Cerebra server or account, unless it is your account;
- not probe, scan or test the vulnerability of a system or network or breach or attempt to breach security or authentication measures;
- not interfere or interfering with the operation of the Website, Cerebra’s provision of services to any other visitors to the Website, Cerebra's hosting provider or network, including, without limitation:
- via means of submitting a virus to the Website, overloading, "flooding", "mailbombing" or "crashing" the Website; or
- launch any automated system, such as "robots," "spiders," or "offline readers," that access the Website in a manner that send numerous request messages to the Cerebra’s servers in a given period of time. Notwithstanding the foregoing, Cerebra grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Cerebra reserves the right to revoke these exceptions either generally or in specific cases;
- You may not access the Website to develop any software or other technology having the same primary function as the Website, including but not limited to using the Website in any development or test procedure that seeks to develop like software or other technology, or to determine if such software or other technology performs in a similar manner as the Website;
- not forge any TCP/IP packet header or any part of the header information in any e-mail or transmission or posting to Cerebra’s Website;
- use current virus monitoring software when using the Website; and
- not use the Website as a substitute for obtaining professional medical advice.
- Violations of system or network security may result in civil or criminal liability. Cerebra will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations.
User Representations and Covenants. By accessing and using our Services you acknowledge and agree:
The Website is for informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. Our services may indicate or suggest possible issues and/or solutions, but at all times we recommend seeking the advice of a properly qualified medical professional regarding any health related questions.
You permit Cerebra, its contractors, agents, successors, assignees and other representatives to perform sleep data collection and analysis services on you and disclose the results of the analysis to you.
You acknowledge that Cerebra takes no responsibility for any information, text, links, graphics, or other materials that you produce or share in connection with the use of its Services.
You acknowledge that you are solely responsible for all activity that occurs in association with your account and that Cerebra is not responsible for any breach of your obligations under this Agreement and the consequences of any such breach.
You agree to waive all property rights in any research or commercial products that may be developed by Cerebra or its partners. Cerebra will not provide you with compensation for data collected through your use of our Services.
Medical Information. The Website and associated Services are intended to provide general information about sleep and sleep disorders. The Website, Services, Materials and Content should not be considered medical advice. Please consult your physician or other qualified healthcare practitioner with any questions regarding your health. Never disregard obtaining professional medical advice or delay seeking it due to information provided by the Website and our Services.
No Advice or Endorsement. Cerebra is an independent operation and does not endorse, and makes no representation or warranty in respect of any other service. You acknowledge that Cerebra is not responsible for the quality or performance of any services, including the Services or other products, procedures, opinions, tests, resources, medical devices, pharmaceuticals, sleep aids, websites, resources, and other materials mentioned on, or accessed through, the Website. Make sure to discuss Your Results with a physician or other health care professional before acting upon results from Cerebra’s Website or Services. If you have concerns or questions about what you learn through Cerebra, you should contact your physician or other health care professional.
DISCLAIMER. THE WEBSITE, SERVICES AND THE MATERIALS AND CONTENT ARE PROVIDED "AS IS" AND “AS AVAILABLE” AND WITHOUT REPRESENTATION, TERM, CONDITION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY LAW, CUSTOM OR OTHERWISE). CEREBRA AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND THEIR RESPECTIVE AGENTS DISCLAIM ALL REPRESENTATIONS, TERMS, CONDITIONS AND WARRANTIES INCLUDING BUT NOT LIMITED TO, THAT THE WEBSITE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES, WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OF THE SERVICES, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CEREBRA DOES NOT WARRANT THAT THE WEBSITE OR THE SERVICES OR THE CONTENT AND MATERIALS MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. CEREBRA MAKES NO WARRANTY THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE INCLUDING THE SERVICES, SHALL CONSTITUTE MEDICAL ADVICE OR CREATE ANY WARRANTY. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
EXCLUSION OF LIABILITY. NEITHER CEREBRA NOR ANY OF ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE WEBSITE OR THE SERVICES OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY CEREBRA OR ANY PERSON FOR WHOM CEREBRA IS RESPONSIBLE EVEN IF CEREBRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR THE SERVICES IS TO STOP USING THE WEBSITE AND THE SERVICES.
EXCLUSIVE REMEDY. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF CEREBRA FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY, REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH), ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE WEBSITE OR THE SERVICES THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE WEBSITE SHALL BE THE AMOUNT WHICH WAS PAID FOR THE SERVICES.
Release. The Website and Services are only for informational purposes. In the event that you have a dispute arising from the use of the Website or Services, you release Cerebra and its affiliates (and their respective officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Indemnification. You agree to indemnify, defend, and hold harmless Cerebra, its officers, directors, employees, agents, affiliates, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from (a) any violation of these terms and conditions, (b) any allegation that any information or material submitted by you to Cerebra violates any intellectual property, proprietary, contract, or other right of any third party, or (c) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your account.
Linking, Framing and Data Mining. Cerebra makes no representations whatsoever about any other websites, providers, vendors, and/or resources which you may access through the Website or which may link to the Website. Links to the Website without the express written permission of Cerebra are strictly prohibited. When you access any other website you understand that it is independent from Cerebra and that Cerebra has no control over the content or availability of that website. In addition, a link to any other site does not mean that Cerebra endorses or accepts any responsibility for the content, or the use of, such a website and shall not be liable for any loss, damage or offense caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. The framing, mirroring, scraping, harvesting or data-mining of the Website or any of its content in any form and by any means is strictly prohibited.
Severability. If any term or condition of this Agreement should be determined to be illegal, invalid or otherwise unenforceable, then to the extent such term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from this Agreement and the remaining Agreement shall survive, remain in full force and effect and continue to be binding and enforceable.
Amendments and Waivers. No amendment or waiver of any provision of this Agreement shall be binding on either party unless consented to in writing by such party. No waiver of any provision of this Agreement shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver unless otherwise provided.
Force Majeure. Cerebra shall not be liable for any breach of this Agreement by it to the extent that such breach arises from any act of God, war, national emergency, act of terrorism, riot, civil commotion, fire, explosion, flood, storm, epidemic, power outage, fuel shortage or any other similar cause beyond the reasonable control of Cerebra.
Applicable Law. This Agreement shall be construed, interpreted and enforced in accordance with, and the respective rights and obligations of the parties shall be governed by, the laws of the Province of Manitoba and the federal laws of Canada applicable therein, and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of such province and all courts competent to hear appeals therefrom.
Language. The parties hereto have expressly requested that this Agreement and all related documents be drafted in English. Les parties aux présentes ont expressément requis que les présentes et tout document y affèrent soient rédigés en langue anglaise.
Survival. All terms of this Agreement, which by their nature are intended to survive termination of this Agreement, including without limitation, sections entitled "Permitted and Prohibited Uses", "Exclusion of Liability", "Your Conduct", "User Representations and Covenants", and "No Advice or Endorsement", shall so survive termination.
Intellectual Property. The content on the Website ("Content") and the trademarks, service marks and logos included on the Website ("Marks"), are owned by or licensed to Cerebra, subject to copyright and other intellectual property rights. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners unless authorized by this Agreement. Cerebra reserves all rights not expressly granted in and to the Website and the Content.
Our most important asset is your trust. Keeping your information secure is a top priority for Cerebra.
Cerebra Research – scientific research that Cerebra or associates of Cerebra perform or assist in with the intent to publish in a peer-reviewed scientific journal, or otherwise present results of scientific research to the research community. Cerebra Health Research only uses Sleep Study Data and Self-Reported Information from users who have given consent according to the then applicable Consent Document. Our and our associates’ non-scientific research is for marketing, promotional, and business decision making purposes, with the goal of improving products/services, finding those who could benefit from the use of those products/services and communicating product suggestions and announcements to you. Cerebra Research only uses Sleep Study Data from users who have given consent according to our Consent Form.
Cookies - A message given to a web browser by a web server. The browser stores the message in a text file. The message is then sent back to the server each time the browser requests a page from the server.
Clear GIFs - Typically a transparent graphic image (usually 1 pixel x 1 pixel) that is placed on a website. The use of a clear gif allows the site to measure the actions of the visitor opening the page that contains the clear gif.
De-Identified Data - Information that does not identify an individual and with respect to which there is no reasonable basis to believe that the information can be used to identify an individual.
Customer - A person receiving or registered to receive Cerebra products and Services.
Personal Information - information about an identifiable individual. Cerebra collects and stores the following types of Personal Information:
- Registration Information - the information you provide about yourself when registering for and/or purchasing our Services (e.g. name, email, address, user ID and password, and payment information).
- Self-Reported Information - all information about yourself, including your name, email address, phone number, survey entries, disease conditions, other health-related information, personal traits, ethnicity, family history, and other information that you enter into surveys, forms, or features while signed in to your Cerebra account.
- Sleep Study Data and Results - physiological information related to your sleep and sleep quality both raw and processed (e.g. EEG, EOG, ECG, EMG signals, pulse oximetry data, respiratory data, positional data, and any other information Cerebra deems necessary to fully conduct a sleep study), questionnaire results, and other data and results necessary to the provision of Cerebra’s services.
Service or Services - Cerebra's products, software, services, mobile application, and website(s) (including but not limited to text, graphics, images, and other material and information) as accessed from time to time by the user, regardless if the use is in connection with an account or not.
Why We Collect Information and How We Use It
We collect both your personally identifiable information and certain non-personally-identifiable information (such as anonymous user usage data, cookies, IP addresses, browser type, etc.) to provide our Services and to create new features, promotions, functionality, and services by storing, tracking, analyzing, and processing user data, preferences and trends, as well as user activity and communications. We further use this information to communicate with you, adjudicate your eligibility for products and services, fulfill requests for products, services and information, provide customer services, administer promotions and programs, offer, set up, manage and administer our business, products and services, including allowing Cerebra to notify you of important information about our products, including product bulletins, creating and maintaining customer databases for market analysis, providing you with ongoing information about us and our products, measuring and improving our services and marketing initiatives, better understanding buying and selling patterns, tailoring our product and service offerings to your preference, analyzing any and all data about you and generally fulfilling our legal and regulatory requirements.
Cerebra uses Google cloud storage (as a part of the Google App Engine) to collect and store this data on Google’s cloud services (please see the Google Cloud Terms here). From time to time, we may survey your opinions of current products proposed and/or services or of potential new products or services that may be offered.
As we continue to develop and grow, we may buy or sell parts of our business. As an important part of our business includes the relationships with our customers, employees and contractors, personal information would generally be one of the assets which would be transferred or transitioned to a third party purchaser.
For customers who use our Services, payment processing is provided by Stripe and is governed by the Stripe User Agreement.
Types of Information We Collect
In general, you can visit our Website without telling us who you are or revealing any personal information about yourself. We only collect your personal information if you voluntarily submit the information to us when registering for the use of Services. Typical information we may collect includes:
- Legal name
- Date of Birth
- Contact details (home address, phone numbers, email address)
- Payment information
- Height and weight
- Care providers (for example: your physician)
- Sleep Study Data and Results
The Sleep Study Data and Results are generated and saved at the time of testing. We will limit the collection and use of personal information to that which we believe is necessary for the purposes we have identified to you, including without limitation, the purposes identified above, using means which are fair and lawful. Although we will collect your personal information primarily from you, we may also collect it from external sources.
We use third-party services and network advertisers to understand how our users interact with our Services, improve the user experience, and provide our customers with more meaningful content. Please see the Terms of Service for Zendesk, Active Campaign, Google Analytics, Google Tags, Stripe, and Hot Jar for further details.
A Word About Sharing Customer Information
To protect the privacy of our customers, we will not sell or provide personally identifiable information to a third party for the purposes of marketing to you, research, collaborative projects to improve the understanding and treatment of sleep and related disorders without your consent. We will never contact you with marketing material without providing you the option to unsubscribe.
We may be required by law to disclose or provide access to your Personal Information (including, but not limited to, laws, regulations, court orders, warrants, and subpoenas).
We protect Personal Information against loss or theft, unauthorized access, disclosure, copying, use, or modification with security safeguards appropriate to the sensitivity of the information. Our safeguards vary depending on the information's sensitivity, amount, distribution and format of the information and the method of storage. We use a variety of security technologies and procedures to help safeguard your personal information. All security measures are appropriate to the sensitivity level of your information. Our safeguards include (a) physical measures, such as restricted physical access to our information system; (b) organizational measures, including limiting access on a "need-to-know" basis; and (c) technological measures, including the use of passwords and encryption.
We are responsible for all personal information in our control. Whenever we hire other organizations to provide support services, we will require them to conform to our privacy standards and to allow us to audit them for compliance. Although we cannot take responsibility for any theft, misuse, unauthorized disclosure, loss, alteration or destruction of data by a third party, we take reasonable precautions to prevent such unfortunate occurrences.
We use service providers, including data hosting providers, to facilitate providing the Services. We use contractual means to make sure that our service providers only deal with Personal Information on our behalf to provide the Services and not for any other purposes. We also undertake diligence to satisfy ourselves that our service providers will implement adequate safeguards to protect Personal Information.
We do not knowingly collect personal information from children. The content of our Services is not intended for, or directed to, children. If you are under the age of majority in the jurisdiction from which you access the Website or the jurisdiction in which you are ordinarily resident, please do not use or access our Services at any time or in any manner.
Subject to legal and contractual requirements, you can refuse to consent to our collection, use or disclosure of your personal information, or you may withdraw your consent to our further collection, use or disclosure of information at any time in the future by giving us reasonable notice. If you refuse or withdraw your consent, we may not be able to provide you or continue to provide you with some products, services or information which may be of value to you.
For the purpose of using our Services, some information is required in order for our Services to function. If the information is not provided, we will not be able to provide you with our all or some of our Services.
We retain personal information only as long as it is required for the reasons it was collected. The length of time personal information is retained varies depending on the purpose for which the information was collected. This period may extend beyond the end of your relationship with us but only for so long as it is legally necessary for us to have sufficient information to respond to any issue that may arise at a later date. When your information is no longer needed for the purposes it has been collected we will destroy, delete, erase or convert your information to an anonymous form.
Keeping Information Accurate
We will attempt to keep customer files complete, up to date, and accurate. We will tell our customers how and where to conveniently access their account information (except when prohibited by law) and how to notify us about errors which we will correct as necessary.
How to Find Out What Information We Have About You
Write to our Privacy Officer at the address below, if you have any questions concerning the information we have in your file or about our information practices. To obtain certain information that we have on file for you, you must specify the information you are interested in. If you believe any of our information is incorrect, we’ll investigate it and correct it as required.
All requests and notification applicable to Cerebra must be made to our Privacy Officer, including opt-out requests, access to information requests, and reporting incorrect information:
When you write, please be sure to tell us your:
Phone Number (where you can be reached during business hours)
The best time of day for us to call you; and
If you are requesting information, specify the information you are interested in.
If you are writing to exercise your opt-out rights, specify whether you are opting out of our sharing information with affiliates and/or from our marketing lists.
Amending this Policy