Welcome to XpressO.
These Terms of Use (“Terms”) are a legal agreement between you and MoCA Test Inc. ("MoCA Cognition”, “Company”, "we”, “us” or “our”). The Terms govern your access to and use of the XpressO services, including our website located at https://portal.mocacognition.com (“Website”), the XpressO application (“App”), the XpressO test (“Test”), and related content, functionality, email communications, and other covered services (collectively, the “Services”).
By accessing or using the Services, you must accept and agree to be bound by and to comply with these Terms. If you do not accept these Terms, you must not access or use the Services.
MoCA Cognition respects your privacy. For information about our data practices, please see our Privacy Policy. By accessing or using the Services, you agree that MoCA Cognition and its affiliates can collect and use your information in accordance with our Privacy Policy. If you do not agree with our Privacy Policy, you must not access or use the Services.
The Services
The Services include the Website and App which provide educational information relating to cognition and cognitive health. The Test, available through the App, is a digital self-administered tool designed provide users with an assessment of their cognitive health and performance. The Test comprises a series of tasks, including placement, logical, and memory recall tasks. Based on the user’s performance in the Test, a score is calculated, and the user is either prompted to visit a healthcare provider or reassured about their cognitive health. The Website and App are accessible from a desktop computer, an Android phone or tablet and an iOS phone or tablet.
By using or accessing the Services, you understand and agree that the Services are provided solely for general information purposes, or as an awareness tool to help users obtain information about their cognition, information which can subsequently be presented to their healthcare provider. The information provided on the Website or App, as well as the Test results, are not intended for any diagnostic, clinical, or medical purpose, nor are they a medical device. The Services are not intended to diagnose, treat, cure or prevent any disease. Questions regarding your cognitive health or performance should be directed to your healthcare provider. If you have concerns or questions about your cognition, always consult with your healthcare provider. Access to or use of the Services does not replace any care or treatment provided by your healthcare provider.
By using or accessing the Services, you represent that you are at least 18 years of age. If you are not at least 18 years of age, you must not access or use the Services.
Account Registration
You may be able to access and use certain parts of the Services without registering an account, such as viewing educational information about cognition on the Website. However, full access and use of the Services, including to the App and Test, require that you create an account.
To register an account, you will need to provide certain information about yourself, including your first name, surname, email address, and a password (collectively, “Registration Information”). Failure to provide us with accurate, complete, and updated Registration Information, when asked, shall constitute a breach of these Terms, which may result in immediate termination of your account. All personal information we collect about you in connection with the Services is subject to our Privacy Policy. By using the Services, you agree to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Your Registration Information, or any other information provided to you as part of our security measures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that your account is personal to you, and you agree not to provide any other person with access to your account using your username, password, or other security information. You agree to notify us immediately at [email protected] of any unauthorized access to or use of the Services or of your Registration Information or any other actual or suspected breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access. We are not liable for any loss or damages caused by your failure to maintain the confidentiality of your Registration Information, or any other information provided to you as part of our security measures.
We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms.
Intellectual Property Rights and Ownership
You understand and agree that the Services and their entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by MoCA Cognition, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
The XPRESSO and MoCA Cognition names and trademarks, and all related names, logos, product and service names, designs, images, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such trademarks without the prior written permission of the Company. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on the Website or App are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
You may only access or use the Services for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website or App. For commercial use of the Services or for any other use not permitted under the present Terms, please contact us at [email protected].
No Reliance
The Services are provided for general information purposes only. They are not intended to amount to advice, including diagnostic, clinical, or medical advice, on which you should rely. You must obtain more specific or professional advice or consult with your healthcare provider before taking, or refraining from, any action or inaction based on the Services.
Although we make reasonable efforts to update the information provided through the Services, we make no representations, warranties, or guarantees, whether express or implied, that the information is accurate, complete, or up to date. Your access to or use of the Services is at your own risk, and neither the Company nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors, have any responsibility or liability whatsoever for your access to or use of the Services.
The Website or App may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Company. The Company has no responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.
Privacy
By submitting your personal information and using the Services, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submissions in compliance with our Privacy Policy, as we deem necessary for the provision of the Services.
By using the Services, you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Website or App may not function adequately.
Third-Party Websites
For your convenience, the Website or App may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from the Website or App. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR APP, WEBSITE OR THE SERVER THAT MAKES THE APP OR WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET, THE APP OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE APP, THE WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP, WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE APP OR WEBSITE, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
Limitation on Liability
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE SERVICES, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON.
Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms or your access to or use of the Services, including, but not limited to, third-party sites, any use of the App or Website's content, services, and products other than as expressly authorized in these Terms.
Governing Law and Choice of Forum
The Terms will be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Quebec or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.
Any action or proceeding arising out of or relating to the Services and under these Terms will be instituted in the courts of the Province of Quebec and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
Waiver
No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
Severability
If any provision of these Terms is determined to be invalid, illegal, or unenforceable in whole or in part, in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms or invalidate or render unenforceable such provision in any other jurisdiction.
Changes to these Terms and to the Services
We reserve the right in our sole discretion to revise and update these Terms from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Services. You agree to periodically review the Terms in order to be aware of any such modifications and your continued access to and use of the Services shall be your acceptance of these Terms.
The information and material available through the Services may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website or App is restricted to users or unavailable at any time or for any period.
Termination
We reserve the right to suspend or deactivate your account or your access to certain aspects or all of the Services, or to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. You may close your account at any time by contacting us at [email protected].
Contact Us
You may contact us by email at [email protected] or at our mail address below:
Updated: January 15, 2024