Terms & Waiver

Talking Stick Terms & Conditions

Last updated: August 2026

1. Legal Agreement

The following terms and conditions (“Terms and Conditions”) apply to the access and use of the “Talking Stick” App (the “App”), the website located at https://my.talkingstick.app , https://chat.talkingstick.app , and any other website associated with a feature of the Talking Stick App (each a “Website”, together the “Websites”).

These Terms and Conditions, together with any documents and/or additional terms they expressly incorporate by reference, constitute a legal agreement (“Agreement”) between you and TryCycle Data Systems Inc. (“TryCycle”/“us”/”our”/”we”), which is the owner and operator of the Websites and App.

By accessing and using a Website or by downloading or using the App, you agree to be legally bound by this Agreement. If you do not accept the terms of this Agreement, you must not access or use the Websites and must not download or use the App.

By agreeing to enter into this Agreement, you also acknowledge having read and agreed to our Privacy Notice.

By accessing or using a Website, or by downloading or using the App, you represent and warrant that you have the full legal capacity to enter into this Agreement or have obtained all necessary authorizations to do so.

Our Website and App are not intended for children under age 13 and are not designed to attract the attention of anyone under age 13. If you reside in the United States, please note that for compliance with the Children’s Online Privacy Protection Act of 1998, we do not knowingly collect personal information of children under age 13. If you are a parent or guardian and believe we have collected personal information about your child in error, please contact us immediately using the contact information at the end of these terms, so that we can make reasonable efforts to promptly remove all personal information relating to the child from our systems.

If you are accessing or using a Website, or downloading or using the App in a capacity other than that of an Indigenous end user (for example,because you are a Peer Advocate, a FirstAlerts Manager, or a Special Teams Member), this Agreement applies to you as well. However, any specific agreements you may have entered into regarding your duties associated with your role(s) in relation to the App will take precedence over these terms. This includes any specific disclaimers, limitations of liability, and indemnity agreements to which you may have agreed for the purposes of your role(s).

Please be advised that this Agreement contains provisions that may impact the claims that you and TryCycle may have against each other (In particular, see the following provisions: “Disclaimer”; “Limitation of Liability”; “Indemnity” and “Governing Law”).

2. Description of the Talking Stick App and Websites

Talking Stick is a text-only chat platform for Indigenous adults and youth in Canada. It provides an anonymous safe space for listening and emotional support on any topic at all. The chat app is a digital destination for individuals to engage in judgement-free chat conversations, anonymously, with someone who is also Indigenous themselves. Talking Stick connects anonymous users with Indigenous Peer Advocates who share lived experiences, language, culture, and knowledge. Our intent is to keep the identities of users confidential; as such, the Peer Advocates do not know the identities of the users they are chatting with.

Talking Stick is not a provider of health services or an emergency service.

3. FirstAlerts and Specific Limitation of Liability

FirstAlerts (hereafter “FirstAlerts“) is a feature of the App. Activating FirstAlerts is optional. You may still use the App without activating FirstAlerts.

Once activated, FirstAlerts sends push notifications to your mobile device from the First Nations, communities, or other organizations you have selected in the FirstAlerts section of the App. These push notifications are related to situations that require immediate attention, such as natural disasters, public safety or missing persons.

Once you activate FirstAlerts, you must also allow the App to display push notifications on your mobile device in order to receive FirstAlerts.

TryCycle does not control the content of FirstAlerts. FirstAlerts are not prepared, generated, managed, filtered, or moderated by TryCycle. All FirstAlerts are prepared, configured, and sent exclusively by third parties from the First Nations, communities, or other organizations that you have selected.

As such, you agree that TryCycle cannot be held liable for any issues beyond its reasonable control that may relate to FirstAlerts, including their content, delivery timing, or failure to receive a FirstAlert, or if the FirstAlert contains errors, is incomplete, or includes misleading information. TryCycle strongly encourages you to verify any information received through FirstAlerts using other sources as they may contain inaccuracies, errors, or omissions.

The delivery of FirstAlerts can be affected by limitations, delays, and disruptions associated with internet-based mobile communication technologies. In addition, other factors also outside TryCycle’s control can affect the availability and delivery of FirstAlerts. These include your device’s settings, its operating system limitations, the quality and availability of network connectivity, and battery life. You are responsible for setting up your device to display push notifications from the App and for ensuring your device has adequate battery life and network connectivity. It therefore cannot be guaranteed that FirstAlerts will be timely, accurate, error-free, continuous, or that you will receive every FirstAlert intended for your mobile device.

In light of these limitations, we highly recommend that you periodically check the App for updates and information that may not have been communicated via FirstAlerts and verify any information included in a FirstAlert from other sources. Please be informed that any reliance on FirstAlerts is entirely at your own risk. Except if you are a resident of the province of Quebec, we expressly disclaim all liability for any losses, damages, or inconveniences arising from FirstAlerts, including from any disruption, delay, or failure in the delivery of FirstAlerts, as well as from their content or your reliance on FirstAlerts.

4. Use and Security of the Websites and App

The Websites and App are secured through encryption technologies. If we add functionalities that require creation of user accounts, all user accounts will be password protected and in such a case you will be required to use a unique and strong password and to keep your login credentials strictly confidential.

All Personal Information, as defined in our Privacy Notice, that may be collected through a Website or App will be held in the strictest confidence by TryCycle, to the extent permitted by law, and in accordance with applicable law and our Privacy Notice.

Unless otherwise explicitly stated herein or in our Privacy Notice or otherwise required by applicable law, any non-personal information or material, including but not limited to any submissions or posts in public areas of a Website or App (“User Submissions”) or suggestions, reviews, comments or feedback sent to TryCycle related to any aspect of a Website or App (“Feedback”), will be deemed not to be confidential.

By making User Submissions or by sending such Feedback to TryCycle, you grant TryCycle an unrestricted, irrevocable licence to use, reproduce, display, perform, modify, transmit and distribute such User Submissions and Feedback, and you agree that TryCycle is free to use any ideas, inventions, concepts, know-how or techniques you send to TryCycle for any purpose. You agree that you waive your moral rights to be identified as the author of such User Submissions and Feedback and that TryCycle may modify your User Submissions and Feedback. However, TryCycle will not release your name or otherwise publicize the fact that you made User Submissions or submitted Feedback or other information or materials unless you grant TryCycle permission to do so or TryCycle is required to do so by law.

To protect the integrity of the Websites, App, or any other websites, services, or apps of TryCycle or a third party, TryCycle reserves the right, at any time and in its sole discretion, to block certain users, devices, or IP addresses from accessing the Websites, App, or any other website, service, or app of TryCycle.

5. Intellectual Property Rights and Ownership

The Websites, the App, and the information they contain are the property of TryCycle and are protected from unauthorized copying and dissemination by copyright law, trademark law, patent law, industrial design law, and other intellectual property laws.

Subject to these Terms and Conditions, TryCycle grants to you a revocable, non-transferable, non-exclusive licence to download, install, and use one copy of the App on each mobile device or other supported device that you either own or are an authorized user of, strictly for your personal, non-commercial use (the “Licence”). The App is hereby licensed, not sold, to you. Source code as well as any other information pertaining to the logic, design, or structure of the App, including the object or executable code form thereof, is specifically excluded from the Licence granted herein.

Title to the Websites and App, and all documentation and material whatsoever related thereto, shall at all times remain with TryCycle, and all intellectual property rights of whatever nature with respect thereto shall be and remain the exclusive property of TryCycle. Nothing in this Agreement gives you a right to use TryCycle’s names, trademarks, logos, domain names, and other distinctive brand features without prior written consent from TryCycle. Any future release, update, or other additions to the functionality of a Website or App shall be subject to the terms of this Agreement. 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.

6. Rules of Conduct

It is a condition of your use of the Websites and App that you use them only for lawful purposes and in accordance with this Agreement and that you do not:
(a) attempt to circumvent and violate the security of a Website and App, including, without limitation:

• Accessing content and data that is not intended for you;
• Attempting to breach or breaching the security and/or authentication measures which are not authorized;
• Restricting, disrupting or disabling service to users, hosts, servers or networks;
• Illicitly reproducing TCP/IP packet headers;
• Disrupting network services and otherwise disrupting a Website or TryCycle’s ability to monitor a Website or App;
• Using any robot, spider or other automatic device, process or means to access a Website or App for any purpose, including monitoring or copying any of the material on a Website or App;
• Introducing any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful;
• Attacking a Website or App via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and
• otherwise attempting to interfere with the proper working of a Website or App.

(b) access or use for any commercial purposes any part of a Website or App or any services or materials available through a Website or App;

(c) 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 a Website or App, in any form or medium whatsoever nor delete or alter any copyright, trademark or other proprietary rights or notices from copies of materials from a Website or App except:

• Your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
• A reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication or distribution of any kind on any medium whatsoever;
• One user copy may be downloaded per device that you own or for which you are an authorized user, with any proprietary notices intact, for your own personal, non-commercial use; and
• In the event that social media are linked to certain content on a Website or App, you may take such actions as the Website, App and such third-party social media platforms permit.

(d) use a Website or App or make User Submissions that:

• In any manner violates any applicable federal, provincial, state, local or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secrets, copyright or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under Applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy;
• In any manner, violates the terms of use of any third-party websites that are linked to a Website or App, including but not limited to, any third-party social media websites;
• Includes or contains any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory or discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in TryCycle’s sole discretion;
• Involves stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable law, regulations or code;
• Involves, provides or contributes any false, inaccurate or misleading information;
• Includes sending, knowingly receiving, uploading, downloading, using or reusing any material that does not comply with these Terms and Conditions;
• Impersonates or attempts to impersonate TryCycle, a TryCycle employee, volunteer, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
• Transmits, or procures the sending of, any advertisements or promotions without our prior written consent, sales or encourages any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter or advertising or any other similar solicitation;
• Encourages any other conduct that restricts or inhibits anyone’s use or enjoyment of a Website or App, or which, as determined by us, may harm TryCycle or users of a Website or App or may expose TryCycle or other users to liability;
• Causes annoyance, inconvenience or needless anxiety or be likely to upset, embarrass or alarm any other person;
• Promotes any illegal activity, or advocates, promotes or assists any unlawful act;
• Gives the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case;
• Includes sharing personal information of other individuals without their consent (this includes contact information, photos, or other sensitive details); or
• Includes commercial or promotional content.

Non-compliance with these rules of conduct may lead to the suspension or termination of your access to the Websites, and App, which may be enforced by all appropriate legal or technological means at our disposal, such as banning IP addresses or mobile device unique identifiers. This does not limit TryCycle’s legal recourse under applicable law and as outlined herein.

7. Emergency

Except as explicitly provided in this Agreement, the Websites and App are not intended for use during immediate emergencies or to provide immediate aid in such circumstances, including in situations of medical emergencies. If you are experiencing a medical emergency, please contact your local emergency services or seek professional medical help.

Any content on the Websites or App, or that is otherwise obtained from TryCycle is provided for general information purposes only; it is not intended to amount to advice, including medical advice, on which you should rely. Our services do not include the provision by TryCycle of health care services, mental health services or any other professional services, and TryCycle does not recommend or endorse any health care professionals.

8. Talking Stick App: Guidelines for Peer Advocates

If you are a Peer Advocate, in addition to these Terms and Conditions, you must comply with the following guidelines:

1. Compliance with Laws: Peer Advocates are required to abide by all applicable laws and regulations in their interactions within the app.
2. Respect for Privacy: Peer Advocates must respect the privacy of users. They should not request or disclose any personal information unless it’s absolutely necessary and permitted by the user.
3. Respectful Conduct: Peer Advocates should treat all users with respect, understanding, and patience. Any form of discrimination, harassment, or abuse is strictly prohibited.
4. Confidentiality: All conversations and shared information are confidential and not be disclosed or used outside the Talking Stick App unless as explicitly permitted by these guidelines. Peer Advocates should not try to obtain, directly or indirectly, personal information about a user and shall not try to obtain a user’s identity or encourage in any manner a user to disclose their identity within the App.
5. Accuracy of Information: Peer Advocates should provide accurate and truthful information to the best of their knowledge. They should not make promises or guarantees they cannot fulfill or try to impose their personal opinions and views on users.
6. Political Use: Peer Advocates are prohibited from using the platform to promote, advocate for, or against any political party, candidate, or policy. Discussions and advice should remain neutral and free from political bias or influence.
7. Promotional Use: Peer Advocates must not use their role to promote or advertise any goods, services, or commercial interests. Their primary function is to provide help and advice to users, not to engage in any form of commercial activity or solicitation on the platform.
8. Professionalism: Peer Advocates should maintain a high level of ethical standards and professionalism. They must not engage in any conduct that could harm the reputation of the Talking Stick App, of TryCycle or of an individual or community.
9. Reporting Concerns: If a Peer Advocate comes across illegal activities or rule-breaking behavior, they should report it immediately via the built-in reporting system available to Peer Advocates within the App or a Website and should directly notify their manager of the activities. If this is an emergency, Peer Advocates should also contact local authorities directly.
10. Adherence to training: Peer Advocates should act in accordance with the training and instructions they have received as part of their role. They must apply the skills, techniques, and best practices learned during their training to effectively assist and advise Talking Stick users.

Non-compliance with these guidelines may lead to the termination of the Peer Advocate role and potential suspension or removal of access to the App. This does not limit TryCycle’s legal recourse under applicable law and as outlined herein. These guidelines may be updated periodically, and Peer Advocates may be required to accept the revised guidelines to continue using the App.

9. Disclaimer

The Websites and App are provided, “as it is”. While TryCycle endeavours to provide accurate, current and timely information, TryCycle makes no representation, warranties or covenants of any kind, express or implied, statutory or otherwise, regarding the Websites or App including, without limitation, no representation, warranty or covenant that:

1. the Websites or App and their contents will be accurate, complete, current, reliable, timely, of merchantable quality or suitable for a particular purpose;
2. the operation of the Websites or App will be uninterrupted or error free;
3. the Websites or App shall process date and time-related data without causing any processing interruptions, abnormal termination or without processing or manipulating any time-related data;
4. the App will not disappear or be erased from your device;
5. the Websites or App will be free from material defects or that defects or errors, whether human or computer errors, in a Website or App will be corrected;
6. the Websites or App will be free from viruses or harmful components that may damage or infect your device or other property; and that
7. communications to or from the Websites or App will be secure and/or not interrupted.

Transmission of information via the Internet is not completely secure. Although TryCycle does its best to protect your information, TryCycle cannot guarantee the security of your information transmitted to the Websites or App. Neither TryCycle nor its officers, directors, employees, agents, licensors and their respective successors and assigns assume no liability resulting from the release of any information or material contained in or entered in the App. You acknowledge and agree that your access to and use of the Websites and App is at your own risk.

This Section 9 is to be interpreted in accordance with applicable law and is not intended to waive any obligations of TryCycle or relinquish any rights of consumers which cannot be waived or relinquished as per applicable law.

10. Limitation of Liability

(not applicable to consumers who reside in the Province of Quebec)

To the fullest extent permitted by applicable law, you agree that TryCycle or its officers, directors, employees, agents, licensors, and their respective successors and assigns will not be liable for damages of any kind, including, without limitations, any direct, indirect, special, punitive, incidental, exemplary, consequential or other damages of any kind, including, without limitation, any loss or damages in the nature of or relating to medical or personal injury; wrongful death; inaccurate information; lost business; your inability to use a Website or App. The foregoing limitation shall apply even if TryCycle knew of or ought to have known of the possibility of such damages.

To the fullest extent permitted by applicable law, you agree that TryCycle 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 a Website or App or to your downloading of any material posted thereon or on any website linked to a Website or App.

To the fullest extent permitted by applicable law, TryCycle disclaims any and all liability for the acts, omissions, conduct or content provided by any third-party user of a Website or App; any advertiser or sponsor of a Website or App; and any third-party licensors. Under no circumstances shall TryCycle or its officers, directors, employees, agents, licensors, or their respective successors and assigns be liable for any injury, loss, damage of any kind (including direct, indirect, special, punitive, incidental, or consequential damages), or expense arising in any fashion whatsoever from the acts, omissions, conduct, content provided by or statements and opinions expressed by any third party, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if TryCycle knew of or ought to have known of the possibility of such damages.

11. Indemnity

You agree to indemnify, defend and hold harmless TryCycle and its officers, directors, employees, agents, licensors, subsidiaries, affiliates, and their respective successors and assigns, from any claims, actions, demands, liabilities, costs, or expenses whatsoever, including, without limitation, reasonable legal fees and disbursements, due to or arising out of your breach of this Agreement, your improper use of a Website or the App or your breach of applicable law or of the rights of a third party.

12. Termination

TryCycle may, in its sole discretion, cancel or terminate your right to use the Websites or App or any part of thereof at any time, with or without notice. Cause for such termination may include, but is not limited to: (a) breaches or violations of this Agreement or any other agreement that you may have with TryCycle; (b) requests by law enforcement or other government agencies; (c) a request by you; (d) discontinuance or material modification to a Website or App or any part thereof; (e) unexpected technical, security, or legal issues or problems; and/or (f) participation by you, directly or indirectly, in fraudulent or illegal activities.

In the event of termination, you will no longer be authorized to access or use the Websites or download or use the App or the part of a Website, or App affected by such termination. TryCycle shall not be liable to you or to anyone else for such termination. Any termination by TryCycle of this Agreement or of your access or use of a Website, or App shall be in addition to any and all other rights and remedies that TryCycle may have.

To the fullest extent permitted by applicable law, TryCycle also reserves the right to terminate this Agreement without cause at any time, with or without prior notice and in its sole discretion.

The following sections will survive any termination of this Agreement: Disclaimer, Limitation of Liability, Indemnity, Governing Law.

13. Use Prohibited where Contrary to Law

The Websites and the App can only be accessed and used within your province, territory, or state of residence, in Canada or the United States, as applicable. Use of the Websites or App is prohibited in any jurisdiction where the Websites or App may violate any laws or regulations. You agree not to access or use the Websites or App in such jurisdictions. You agree that you are responsible for compliance with all applicable laws and regulations, for the purposes of accessing or using the Websites, and for the purposes of downloading and using the App.

14. Governing Law

(Not applicable if you reside in the Province of Quebec)

To the fullest extent permitted by applicable law, the Websites, the App and this Agreement shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to the principles of conflicts of law or your place of residence.

You agree and hereby submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to all matters relating to your access and use of the Websites, and App, to this Agreement, as well as any dispute that may arise therefrom.

15. Governing Law

(Applicable only if you reside in the Province of Quebec)

The Websites, App and this Agreement shall be governed by the laws of the Province of Quebec and the laws of Canada applicable therein.

16. Amendments

We reserve the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, a Website, or App or any part thereof. We shall not be liable to you or to any third party for any modifications, suspension or discontinuance of a Website, or App or any part thereof.

We may amend this Agreement at any time by posting the amended terms on a Website or in the App. If required by applicable law, we will provide you with at least 30 days notice in advance of an amendment taking effect. Your continued access or use of a Website or App will constitute your acceptance of the amended terms. Alternatively, we may also, at our discretion, request that you acknowledge your acceptance of the amendments via an electronic click-through.

If you do not agree to an amendment, you must stop accessing and using the Websites and the App and must delete the App from your device.

Applicable only if you reside in the province of Quebec:

1. Notwithstanding the foregoing, if we wish to unilaterally amend this Agreement, we will provide you with a notice that outlines exclusively any new clauses, amended clauses, and any wording of any clauses as they were formerly written, along with the date the amendment will automatically come into effect. In such a case, the notice will be provided to you at least thirty (30) days before the date on which the amendment is set to come into effect. In such a case, if the amended terms result in an increase in your obligations or a reduction in our obligations, you may send us notice within thirty (30) days after the amended terms take effect to inform us of your refusal to accept the amendment. Upon our receipt of such notice, this Agreement will terminate without cost or penalty to you.
2. Alternatively, we may choose, at our discretion, to seek your consent for amendments to this Agreement, including by explicitly requesting that you agree to an amendment.
3. In addition to the above, if you agree to be bound by a new version of this Agreement, you will be considered to have agreed to any amendment made to this Agreement.

17. Relationship of the Parties hereto

No partnership, joint venture, agency or employment relationship is created as a result of this Agreement, and neither party to this Agreement has any authority of any kind to bind the other in any such respect.

18. Force Majeure

TryCycle and its officers, directors, employees, agents, content providers, customers and suppliers shall not be liable or responsible to you, nor be deemed to have defaulted or breached the Agreement for any failure or delay in fulfilling or performing any of these Terms and Conditions or in providing our services when and to the extent that such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of TryCycle and its officers, directors, employees, agents, content providers, customers and suppliers, including but not limited to, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities, terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrections, epidemics, pandemics, governmental emergency orders or restrictions, lockouts, strikes or other labour disputes, restraints or delays affecting carriers or inability or delay in obtaining supply of adequate or suitable materials, materials or telecommunication breakdown, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather or power outages. Notwithstanding the foregoing, this agreement shall continue in full force and effect.

19. Notices

You agree that we may provide you any notice required by applicable law or related to this Agreement by means of a notice accessible through a Website, or within the App, or by using any contact details we may have for you, including via email or via push notifications if you have enabled push notifications related to the App.

20. Severability

If any provision of this Agreement is determined to be invalid or unenforceable, in whole or in part, by any court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

21. Waiver

Any consent, whether express or implied, granted by TryCycle to a breach of this Agreement, or any waiver thereof, shall not be deemed as consent to, or waiver of, any subsequent or different breach. No provision of this Agreement may be amended or waived except through a written document.

22. Benefit of the Agreement

This Agreement shall enure to the benefit of TryCycle and its successors and assigns, and shall be binding on you, your heirs, executors, administrators, successors and permitted assigns. You may not assign this Agreement or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without the prior written consent of TryCycle.

23. Entire Agreement

These Terms and Conditions constitute the entire Agreement between you and TryCycle relating to your access and use of the Websites, to your download and use of the App. This Agreement supersedes and invalidates all prior representations, warranties, understandings, and agreements between you and TryCycle relating to the subject matter of this Agreement.

24. Language / Langue

(Residents of the Province of Quebec Only)

You acknowledge having requested that this Agreement be drawn up exclusively in English and hereby agree to be bound by the English-only version of this Agreement, and to have all related documents to this Agreement be drawn up exclusively in English. Vous reconnaissez avoir demandé que le présent contrat soit rédigé exclusivement en anglais et acceptez par la présente d’être lié par la version exclusivement en anglais du présent accord et à ce que tous les documents liés au présent accord soient rédigés exclusivement en anglais.

25. Specific Terms and conditions applicable to Apple’s app Store:

• Acknowledgement: By agreeing to these Terms and Conditions, you acknowledge that these Terms are a binding contract between you and TryCycle, excluding Apple.
• Maintenance and Support: TryCycle and its service providers are responsible for providing any required maintenance and support services for the App. You understand and agree that Apple has no obligation to provide any maintenance and support services for the App.
• Warranty: You understand and agree that Apple carries no warranty obligations whatsoever related to the App.
• Product Claims: Apple is not responsible for addressing any claims related to an App or your possession and/or use of the App.
• Legal Compliance: You declare and guarantee that (i) you are not in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Third Party Terms of Agreement: You must comply with any relevant third-party terms of agreement when using the App.
• Third Party Beneficiary: You acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of these Terms. Therefore, once you accept these Terms, Apple will have the right (and will be considered to have accepted the right) to enforce these Terms as a third-party beneficiary.

26. Contact Us

Questions or comments regarding this Agreement, the Websites or App should be directed to Geoff Schaadt at [email protected] or by regular mail to the address below:

FirstAlerts Terms for Organizations

Last updated: September 2025

These Supplemental Terms apply to the use of FirstAlerts by Organizations that have licensed Talking Stick from TryCycle, and to their Authorized Representatives. They do not apply to End Users, whose use of the Talking Stick App and FirstAlerts is governed by TryCycle’s End User Terms of Use.

1. Acceptance of Terms

By using FirstAlerts, each Organization and its Authorized Representatives agree to be bound by these Supplemental Terms in addition to the Talking Stick Terms of Use. In the event of a conflict between these Supplemental Terms and the Talking Stick Terms of Use, these Supplemental Terms will govern with respect to the FirstAlerts feature.

2. Definitions

• Alert: means an emergency notification or message sent through the FirstAlerts module.
• Authorized Representative: means any individual or entity that the Organization designates to access and use FirstAlerts on its behalf, including staff, contractors, partner organizations, or other personnel. Authorized Representatives may be assigned specific roles within FirstAlerts, such as Alert Managers or Alert Senders. All actions of Authorized Representatives are deemed actions of the Organization.
• End User: means an individual who has opted in to receive Alerts.
• FirstAlerts: means the emergency management module of Talking Stick that enables Organizations and their Authorized Representatives to create and send Alerts.
• Organization: means the legal entity that has licensed Talking Stick from TryCycle and that is responsible for designating and managing its Authorized Representatives.
• Talking Stick App: means the mobile application provided by TryCycle, which includes FirstAlerts and other modules and services.
• Talking Stick Platform means the licensed software provided by TryCycle to Organizations, together with all associated tools, features, and modules designed to enable, manage, and deliver the functionality and services available through the Platform, including the Talking Stick App.

3. Disclaimers

TryCycle makes no representation or warranty of any kind, express or implied, and hereby disclaims all implied warranties, including any warranty of accuracy, performance, adequacy, fitness for a particular purpose, reliability, availability, or completeness of FirstAlerts.

TryCycle does not guarantee the uptime, delivery, or reliability of FirstAlerts. FirstAlerts does not replace any public emergency alerting system operated by government authorities and is intended as a supplementary tool. It is not intended to act as the sole means of communication during times of crisis.

4. Acceptable Use Policy (AUP) for FirstAlerts

This Acceptable Use Policy (“AUP”) sets out the intended and permissible uses of the FirstAlerts module of the Talking Stick App (“FirstAlerts”) by Organizations and their Authorized Representatives (including Alert Managers and Alert Senders). The purpose of this AUP is to ensure that FirstAlerts is used responsibly, lawfully, and only for its intended emergency management functions.

4.1 Permitted Use

Organizations and Authorized Representatives may use FirstAlerts to:

• Send emergency notifications in the categories of Natural Disasters, Public Safety, and Missing Persons.
• Provide Alerts in a respectful manner that maintains the integrity, security, and reputation of FirstAlerts and TryCycle.

4.2 Prohibited Use

Organizations and Authorized Representatives may not use FirstAlerts to:

• Issue Alerts that are false, misleading, vague, exaggerated, defamatory, discriminatory, or likely to cause unnecessary panic or confusion.
• Include sensitive personal information (e.g., personal phone numbers, health information, financial data)
• Violate any applicable federal, provincial/state, local, or international law or regulation.
• Impersonate another person or entity, misrepresent authorization, or misuse login credentials.
• Sell, transfer, sublicense, or otherwise exploit access to FirstAlerts.
• Interfere with the performance, security, or availability of FirstAlerts for other Organizations, Authorized Representatives, or End Users.

4.3 System Limitations

Organizations acknowledge that TryCycle does not guarantee the delivery of every Alert. Delivery of Alerts to End Users may be affected by factors outside TryCycle’s control, including but not limited to (1) mobile device compatibility and user settings, (2) internet or mobile network connectivity, or (3) interference from third-party systems.

5. Accuracy and Contents of Alerts

TryCycle does not draft, edit, or manage the content of Alerts. All Alerts are created and managed solely by the Organization and its Authorized Representatives. The Organization agrees that TryCycle shall have no obligation to review the contents of Alerts before or after they are delivered to End Users. This applies even if TryCycle becomes aware of, or suspects, any error, inaccuracy, or the presence of false or misleading information in connection with an Alert. Accordingly, the Organization understands and agrees that TryCycle shall not assume any obligation concerning the content of Alerts, including their truthfulness, accuracy, and completeness.

6. Limitation of liability

The Organization agrees that TryCycle, including its affiliates and their respective successors, assigns, directors, officers, employees, and agents, shall not be liable to the Organization for any indirect, incidental, or consequential damages (including without limitation, damages resulting from loss of use, loss of profits, interruption or loss of business, lost goodwill, lost revenue, and lost opportunity) arising out of FirstAlerts or with respect to its performance hereunder. The foregoing limitation of liability and exclusion of damages applies even if a party had or should have had knowledge, actual or constructive, of the possibility of such damages. The foregoing limitation of liability and exclusion of damages shall apply whether a claim is based on breach of contract, breach of warranty, tort (including negligence), product liability, strict liability, or otherwise, and notwithstanding any failure of the essential purpose of any limited remedy herein but shall not apply in case of gross negligence or intentional or willful misconduct. Without limiting the generality of the foregoing, under no circumstance shall TryCycle be held liable for missed or delayed Alerts. This provision shall survive the termination or expiration of these Supplemental Terms and any licensing agreement between the Organization and TryCycle governing the Organization’s use of the Talking Stick Platform.

7. Indemnification

The Organization and its Authorized Representatives agree to protect, defend, hold harmless, and indemnify TryCycle, including its affiliates and their respective successors, assigns, directors, officers, employees and agents (collectively, “Indemnified Parties”) from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs, and expenses of or by a third party, including but not limited to reasonable attorneys’ fees and costs (collectively, “Claims”), actually or allegedly, directly or indirectly, arising out of or related to (1) any breach of any representation or warranty of TryCycle related to FirstAlerts; (2) any breach or violation of any covenant or other obligation or duty of TryCycle related to FirstAlerts; (3) any third party Claims which arise out of, relate to or result from any act or omission of TryCycle or any other Indemnified Party or from any act or omission of an Alert Manager or Alert Sender (as these terms are defined in the Guidelines) or of any other person or organization having access to FirstAlerts other than simply in an End User capacity, and whether or not the relevant Claim has merit. This provision shall survive the termination or expiration of these Supplemental Terms and any licensing agreement between the Organization and TryCycle governing the Organization’s use of the Talking Stick Platform.

8. Right to Suspend or Terminate Access

TryCycle reserves the right to, at any time, suspend or terminate, at its sole and absolute discretion, access to FirstAlerts by any Organization or Authorized Representative believed to have compromised the integrity or functionality of FirstAlerts or that violates the Acceptable Use Policy or these Supplemental Terms. TryCycle may also suspend access temporarily while investigating potential violations.

9. Intellectual Property

All rights, title, and interest in the Talking Stick App, including FirstAlerts and all related intellectual property, remain the exclusive property of TryCycle. Nothing in these Supplemental Terms grants the Organization ownership rights in the Talking Stick App or FirstAlerts. This provision shall survive the termination or expiration of these Supplemental Terms and any licensing agreement between the Organization and TryCycle governing the Organization’s use of the Talking Stick Platform.

10. Changes to These Terms

TryCycle may update these Supplemental Terms from time to time, and Organizations remain responsible for ensuring that all Authorized Representatives comply with the most current version. Organizations will be notified of material changes, and continued use of FirstAlerts will indicate acceptance of the updated Terms.

11. Contact

If you have any questions about Talking Stick or the use of FirstAlerts, please contact TryCycle at [email protected] or by regular mail to the address below:

Special Teams Terms for Organizations

Last updated: September 2025

These Supplemental Terms apply to any Organization that has licensed the Talking Stick platform from TryCycle and to any individuals or entities authorized by the Organization to provide services as Special Teams resources. The Organization is responsible for ensuring its Special Teams resources understand and adhere to these terms. These terms do not apply to End Users of the Talking Stick App. End User access and use are governed by the Talking Stick End User Terms of Use. In the event of any conflict, these Supplemental Terms for Organizations will govern with respect to the Special Teams feature.

1. Acceptance of Terms

By providing services using the Special Teams feature of the Talking Stick platform, each Organization and its Authorized Representatives agree to be bound by these Supplemental Terms, the MSLA, and the Talking Stick Terms of Use. In the event of a conflict between documents, these Supplemental Terms will govern for matters related to Special Teams.

2. Definitions

• Authorized Representative: Any person or entity providing services as designated by the Organization within the Talking Stick platform, including but not limited to Special Teams Resources.
• End User: An individual using the Talking Stick app who may choose to start an anonymous chat via the Special Teams feature.
• Organization: A legal entity that has licensed the Talking Stick platform from TryCycle and is responsible for designating and managing its Special Teams Resources.
• Special Teams: A feature within the Talking Stick app that allows End Users to engage in anonymous, text-based chat with authorized service providers from licensed Organizations.
• Special Teams Resource: Any person designated by a licensed Organization to respond to End Users via Special Teams, including staff, contractors, or authorized resources delegated by the Organization.
• Talking Stick App means the mobile application provided by TryCycle, which includes Special Teams and other modules and services.
• Talking Stick Platform means the licensed software provided by TryCycle to Organizations, together with all associated tools, features, and modules designed to enable, manage, and deliver the functionality and services available through the Platform, including the Talking Stick App.

3. Disclaimers

TryCycle provides the Special Teams feature as a virtual, anonymous, text-based communications tool within the Talking Stick Platform. Special Teams is designed to allow End Users to connect anonymously with designated individuals or resources from Organizations. All advice, information, or services provided through Special Teams are the sole responsibility of the Organization and its Authorized Representatives.

TryCycle expressly disclaims all warranties, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, accuracy, reliability, availability, and completeness of information provided via the Talking Stick Platform, including Special Teams.

Special Teams is not intended to be used in cases of emergency or urgent need. If an End User requires immediate assistance or is in crisis, they should contact local emergency services or a trusted healthcare provider.

4. Acceptable Use Policy (AUP)

This Acceptable Use Policy (“AUP”) sets out the intended and permissible uses of the Special Teams module of the Talking Stick App (“Special Teams”) by Organizations and their Authorized Representatives (including individuals, entities, and resources). The purpose of this AUP is to ensure that Special Teams is used responsibly, lawfully, and only for its intended functions.

4.1 Permitted Use

Organizations and their Authorized Resources may use Special Teams to:

• Provide anonymous, text-based support to End Users.
• Share information about available programs, services, or local resources.
• Offer culturally relevant guidance within their scope of authority and qualifications.

4.2 Prohibited Use

Organizations and their Authorized Resources must not use Special Teams to:

• Provide medical, psychological, or legal advice unless appropriately licensed and verified.
• Share confidential, personal, or identifying information about End Users or Resources.
• Misrepresent credentials or impersonate another person.
• Violate any local, provincial/state, or federal laws.
• Engage in harassment, discrimination, or harmful conduct.
• Interfere with the security, functionality, or reliability of the Talking Stick platform.

4.3 System Use and Limitations

• No Guarantee of Availability: TryCycle does not guarantee the uptime, delivery, or reliability of the Special Teams feature.
• Not an Emergency Service: Special Teams is not intended for emergency situations and does not replace clinical or crisis response services.
• No Content Monitoring:TryCycle does not monitor or moderate chats between End Users and Special Teams Resources.

5. Responsibilities of the Organization

Each Organization using Special Teams is responsible for:

• Choosing appropriate individuals or resources to act as Special Teams Resources
• Confirming any required professional credentials or licenses for those individuals (if applicable)
• Ensuring their Resources understand and follow these Supplemental Terms and any relevant laws
• Providing any supervision, training, or internal policies that may be required by the Organization

TryCycle does not verify or monitor the credentials, actions, or advice provided by any Special Teams Resource.

6. Limitation of liability

The Organization agrees that TryCycle, including its affiliates and their respective successors, assigns, directors, officers, employees, and agents, shall not be liable to the Organization, nor any of the Special Teams Resources, for any indirect, incidental, or consequential damages (including without limitation, damages resulting from loss of use, loss of profits, interruption or loss of business, lost goodwill, lost revenue, and lost opportunity) arising out of the Talking Stick Platform, including Special Teams or with respect to its performance hereunder. The foregoing limitation of liability and exclusion of damages applies even if a party had or should have had knowledge, actual or constructive, of the possibility of such damages. The foregoing limitation of liability and exclusion of damages shall apply whether a claim is based on breach of contract, breach of warranty, tort (including negligence), product liability, strict liability, or otherwise, and notwithstanding any failure of the essential purpose of any limited remedy herein but shall not apply in case of gross negligence or intentional or willful misconduct. Without limiting the generality of the foregoing, under no circumstance shall TryCycle be held liable for any act or omission of the Organization or Special Teams Resources, including any related information or advice. This provision shall survive the termination or expiration of these Supplemental Terms and any licensing agreement between the Organization and TryCycle governing the Organization’s use of the Talking Stick Platform.

7. Indemnification

The Organization agrees to protect, defend, hold harmless, and indemnify (collectively “Indemnify” and “Indemnification”) TryCycle, including its affiliates and their respective successors, assigns, directors, officers, employees and agents (collectively, “Indemnified Parties”) from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs, and expenses of or by a third party, including but not limited to reasonable attorneys’ fees and costs (collectively, “Claims”), actually or allegedly, directly or indirectly, arising out of or related to (1) any breach of any representation or warranty of TryCycle related to the Talking Stick Platform, including Special Teams; (2) any breach or violation of any covenant or other obligation or duty of TryCycle related to the Talking Stick Platform, including Special Teams; (3) any third party Claims which arise out of, relate to or result from any act or omission of TryCycle or any other Indemnified Party or from any act or the Organization or any Special Teams Resources or of any other person or organization having access to the Talking Stick Platform, including Special Teams, other than simply in an End User capacity, and whether or not the relevant Claim has merit. For the purpose of this clause, Special Teams Resources are deemed to be third parties. This provision shall survive the termination or expiration of these Supplemental Terms and any licensing agreement between the Organization and TryCycle governing the Organization’s use of the Talking Stick Platform.

8. Right to Suspend or Terminate Access

TryCycle reserves the right to suspend or terminate access to Special Teams for (1) Breach of these Terms or the Acceptable Use Policy, (2) Any misuse, abuse, or unauthorized activity, or (3) Any threat to the safety, integrity, or functionality of Special Teams. TryCycle may also suspend access while investigating potential violations.

9. Intellectual Property

All rights, title, and interest in the Talking Stick App, including Special Teams and all related intellectual property, remain the exclusive property of TryCycle. Nothing in these Supplemental Terms grants the Organization ownership rights in the Talking Stick App or Special Teams. This provision shall survive the termination or expiration of these Supplemental Terms and any licensing agreement between the Organization and TryCycle governing the Organization’s use of the Talking Stick Platform.

10. Changes to These Terms

TryCycle may update these Supplemental Terms from time to time. Organizations will be notified of material changes, and continued use of Special Teams will indicate acceptance of the updated Terms.

11. Contact

For questions about these Terms or the Talking Stick platform, please contact [email protected] or by regular mail to the address below:

TetherAll Terms & Conditions

Last updated: August 2026

1. Legal Agreement

The following terms and conditions (“Terms and Conditions”) apply to the access and use of the website located at https://my.tetherall.io, https://tetherall.io, or any other web property using the domain “tetherall.io” (the “Website”), the Clinical Portal and the “TetherAll” App (the “App”).

These Terms and Conditions, together with any documents and/or additional terms they expressly incorporate by reference, constitute a legal agreement (“Agreement”) between you and TryCycle Data Systems Inc. (“TryCycle”/“us”/”our”/”we”), which is the owner and operator of the Website, Clinical Portal, and App.

By accessing and using the Website or by downloading or using the App, you agree to be legally bound by this Agreement. If you do not accept the terms of this Agreement, you must not access or use the Website and must not download or use the App.

By agreeing to enter into this Agreement, you also acknowledge having read and agreed to our Privacy Notice. In certain circumstances, we may be acting as a Business Associate, as that term is defined by the United States’ Health Insurance Portability and Accountability Act’s Privacy and Security Rules at 45 C.F.R. Parts 160-164 (“HIPAA”), of your health care provider. When we are acting as a Business Associate, the Privacy Notice does not apply to our use and disclosure of your information that constitutes Protected Health Information, as that term is defined by HIPAA. Instead, the terms of your health care provider’s HIPAA Notice of Privacy Practices will govern our use and disclosure of your Protected Health Information. Please contact your health care provider to view their HIPAA Notice of Privacy Practices.

Our Website and App are not intended for children under age 13 and are not designed to attract the attention of anyone under age 13. If you reside in the United States, please note that for compliance with the Children’s Online Privacy Protection Act of 1998, we do not knowingly collect personal information of children under age 13. If you are a parent or guardian and believe we have collected personal information about your child in error, please contact us immediately using the contact information at the end of these terms, so that we can make reasonable efforts to promptly remove all personal information relating to the child from our systems.

Please be advised that this Agreement contains provisions that may impact the claims that you and TryCycle may have against each other (In particular, see the following provisions: “Disclaimer”; “Limitation of Liability”; “Indemnity” and “Governing Law”).

2. Description of the TetherAll App, Website and Clinical Portal

The TetherAll App must be prescribed to a client/patient by their healthcare provider in order to access it. The App allows patients who are in treatment for substance use, opioid addiction, depression, anxiety, and/or other health conditions to check in, self-evaluate and submit personal assessments and written diary entries directly into the App, at a frequency defined by the client’s health care provider(s) and to perform any additional functions which may be added to the App from time to time. The App is connected to the TetherAll Clinical Portal, which allows healthcare providers to monitor behaviours and warning signs of relapse and other health issues. TryCycle’s TetherAll software gathers real-time behavioural input from each client/patient, to be used in combination with the client’s existing care and treatment program.

3. Use and Security of the Website, Clinical Portal, and App

The Website and App are secured through encryption technologies, and all user accounts, as applicable, will be password protected, and you will be required to use a unique and strong password and to keep your login credentials strictly confidential.

All Personal Information and Personal Health Information, as defined in our Privacy Notice, collected through the Website, Clinical Portal, and App will be held in the strictest confidence by TryCycle, to the extent permitted by law, and in accordance with applicable law and our Privacy Notice or, when we are acting as a Business Associate, the HIPAA Notice of Privacy Practices of your health care provider.

Unless otherwise explicitly stated herein or in our Privacy Notice or your health care provider’s HIPAA Notice of Privacy Practices, as applicable, or otherwise required by applicable law, any non-personal information or material, including but not limited to any submissions or posts in public areas of a Website or App (“User Submissions”) or suggestions, reviews, comments or feedback sent to TryCycle related to any aspect of a Website, Clinical Portal, or App (“Feedback”), will be deemed not to be confidential.

Other than as outlined in our Privacy Notice or your health care provider’s HIPAA Notice of Privacy Practices, as applicable, TryCycle will not use, transfer, sell or disclose your Personal Information or Personal Health Information to anyone.

By making User Submissions or by sending such Feedback to TryCycle, you grant TryCycle an unrestricted, irrevocable licence to use, reproduce, display, perform, modify, transmit and distribute such User Submissions and Feedback, and you agree that TryCycle is free to use any ideas, inventions, concepts, know-how or techniques you send to TryCycle for any purpose. You agree that you waive your moral rights to be identified as the author of such User Submissions and Feedback and that TryCycle may modify your User Submissions and Feedback. However, TryCycle will not release your name or otherwise publicize the fact that you made User Submissions or submitted Feedback or other information or materials unless you grant TryCycle permission to do so or TryCycle is required to do so by law.

To protect the integrity of the Website, Clinical Portal, App, or any other websites, services, or apps of TryCycle or a third party, TryCycle reserves the right, at any time and in its sole discretion, to block certain users, devices or IP addresses from accessing the Website, Clinical Portal, App, or any other website, service, or app of TryCycle.

4. Intellectual Property Rights and Ownership

The Website, Clinical Portal, App, and the information they contain are the property of TryCycle and are protected from unauthorized copying and dissemination by copyright law, trademark law, patent law, industrial design law, and other intellectual property laws.

Subject to these Terms and Conditions, TryCycle grants to you a revocable, non-transferable, non-exclusive license to download, install, and use one copy of the App on each mobile device or other supported device that you either own or are an authorized user of, strictly for your personal, non-commercial use (the “Licence”). The App is hereby licensed, not sold, to you. Source code as well as any other information pertaining to the logic, design, or structure of the App, including the object or executable code form thereof, is specifically excluded from the License granted herein.

Title to our Website, Clinical Portal and App, and all documentation and material whatsoever related thereto, shall at all times remain with TryCycle, and all intellectual property rights of whatever nature with respect thereto shall be and remain the exclusive property of TryCycle. Nothing in this Agreement gives you a right to use TryCycle’s names, trademarks, logos, domain names, and other distinctive brand features without prior written consent from TryCycle. Any future release, update, or other additions to the functionality of the Website, Clinical Portal or App shall be subject to the terms of this Agreement. 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.

5. Rules of Conduct

It is a condition of your use of the Website, Clinical Portal and App that you use them only for lawful purposes and in accordance with this Agreement and that you do not:

(a) attempt to circumvent and violate the security of the Website, Clinical Portal and App, including, without limitation:

• Accessing content and data that is not intended for you;
• Attempting to breach or breaching the security and/or
  authentication measures which are not authorized;
• Restricting, disrupting or disabling service to users, hosts, servers or networks;
• Illicitly reproducing TCP/IP packet headers;
• Disrupting network services and otherwise disrupting our Website, Clinical Portal or App or TryCycle’s ability to monitor the Website, Clinical Portal or App;
• Using any robot, spider or other automatic device, process or means to access the Website, Clinical Portal or App for any purpose, including monitoring or copying any of the material on the Website, Clinical Portal or App;
• Introducing any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful;
• Attacking the Website, Clinical Portal or App via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and
• Otherwise attempting to interfere with the proper working of the Website, Clinical Portal or App.

(b) access or use for any commercial purposes any part of the Website, Clinical Portal or App or any services or materials available through the Website, Clinical Portal or App;

(c) 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 the Website, Clinical Portal or App, in any form or medium whatsoever nor delete or alter any copyright, trademark or other proprietary rights or notices from copies of materials from the Website, Clinical Portal or App except:

• Your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
• A reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication or distribution of any kind on any medium whatsoever;
• One user copy may be downloaded per device that you own or for which you are an authorized user, with any proprietary notices intact, for your own personal, non-commercial use; and
• In the event that social media are linked to certain content on the Website, Clinical Portal or App, you may take such actions as the Website, Clinical Portal, App and such third-party social media platforms permit.

(d) use the Website, Clinical Portal or App or make User Submissions that:

• Are for any purposes other than logging and submitting your data to and communicating with your authorized health care providers;
• In any manner violates any applicable federal, provincial, state, local or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Notice;
• In any manner, violates the terms of use of any third-party websites that are linked to the Website, Clinical Portal or App, including but not limited to, any third-party social media websites;
• Includes or contains any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory or discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in TryCycle’s sole discretion;
• Involves stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or asking for personal information as prohibited under applicable law, regulations or code;
• Involves, provides or contributes any false, inaccurate or misleading information;
• Includes sending, knowingly receiving, uploading, downloading, using or reusing any material that does not comply with these Terms and Conditions;
• Impersonates or attempts to impersonate TryCycle, a TryCycle employee, volunteer, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
• Transmits, or procures the sending of, any advertisements or promotions without our prior written consent, sales or encourages any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter or advertising or any other similar solicitation;
• Encourages any other conduct that restricts or inhibits anyone’s use or enjoyment of the Websites, Clinical Portal or App, or which, as determined by us, may harm TryCycle or users of the Website, Clinical Portal or App or may expose TryCycle or other users to liability;
• Causes annoyance, inconvenience or needless anxiety or be likely to upset, embarrass or alarm any other person;
• Promotes any illegal activity, or advocates, promotes or assists any unlawful act; or
• Gives the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case;
• Includes sharing personal information of other individuals without their consent (this includes contact information, photos, or other sensitive details); or
• Includes commercial or promotional content.

Non-compliance with these rules of conduct may lead to the suspension or termination of your access to our Website, Clinical Portal and App, which may be enforced by all appropriate legal or technological means at our disposal, such as banning IP addresses or mobile device unique identifiers. This does not limit TryCycle’s legal recourse under applicable law and as outlined herein.

6. Free Trials

For our non-patient, clinician/health care professional customers, TryCycle may offer a free trial of our Clinic Portal and/or App, if permitted by and in compliance with applicable law. If you choose to use a free trial of our Clinical Portal and/or App, TryCycle will make such free trial service available to you on a trial basis, free of charge, until the earlier of (a) the end of the free trial period for which you agreed to use such free trial service, (b) the start date of any future subscription for our Clinical Portal and App purchased by you for such service, or (c) termination of the free trial service by TryCycle in its sole discretion. A free trial period may be extended upon mutual agreement by TryCycle and you. All Terms and Conditions herein apply to such a free trial.

You acknowledge that you have read and agreed to our Privacy Notice before entering a free trial, and that you understand it is fully applicable during any trial period.

7. Medical Emergency

The Website and App are not intended for use during immediate medical emergencies or to provide immediate aid in such circumstances. If you are experiencing a medical emergency, please contact your local emergency services or seek professional medical help.

Any content on the Website or App, or that is otherwise obtained from TryCycle is provided for general information purposes only; it is not intended to amount to advice, including medical advice, on which you should rely. Our services do not include the provision by TryCycle of health care services, mental health services or any other professional services, and TryCycle does not recommend or endorse any health care professionals.

We advise you to always seek the advice of a physician or other regulated health professional if you have or suspect that you have a medical problem or condition. Never disregard, avoid or delay obtaining medical advice from your physician or other regulated health professional because of something you have read on the Website, our App, third-party websites or otherwise obtained from us. You are solely responsible for making decisions with respect to your healthcare providers and treatment.

8. Disclaimer

The Website, Clinical Portal and App are provided, “as is”. While TryCycle endeavours to provide accurate, current and timely information, unless otherwise required under HIPAA when TryCycle is acting as a Business Associate, TryCycle makes no representation, warranties or covenants of any kind, express or implied, statutory or otherwise, regarding the Website, Clinical Portal or App including, without limitation, no representation, warranty or covenant that: (i) the Website, Clinical Portal or App and their contents will be accurate, complete, current, reliable, timely, of merchantable quality or suitable for a particular purpose; (ii) the operation of the Website, Clinical portal or App will be uninterrupted or error free; (iii) the Website, Clinical Portal or App shall process date and time-related data without causing any processing interruptions, abnormal termination or without processing or manipulating any time-related data; (iv) the App will not disappear or be erased from your device; (v) the Website, Clinical Portal or App will be free from material defects or that defects or errors, whether human or computer errors, in the Website, Clinical Portal or App will be corrected; (vi) the Website, Clinical Portal or App will be free from viruses or harmful components that may damage or infect your device or other property; and that (vii) communications to or from the Website, Clinical Portal or App will be secure and/or not interrupted.

Transmission of information via the Internet is not completely secure. Although TryCycle does its best to protect your information and complies with the requirements imposed on a Business Associate under HIPAA when applicable, TryCycle cannot guarantee the security of your information transmitted to the Website, Clinical Portal, or App. Neither TryCycle nor its officers, directors, employees, agents, licensors and their respective successors and assigns assume no liability resulting from the release of any information or material contained in or entered in our Clinical Portal or App. You acknowledge and agree that your access to and use of the Website, Clinical Portal and App is at your own risk.

This Section 8 is to be interpreted in accordance with applicable law and is not intended to waive any obligations of TryCycle or relinquish any rights of consumers that cannot be waived or relinquished as per applicable law.

9. Limitation of Liability

(not applicable to consumers who reside in the Province of Quebec)

To the fullest extent permitted by applicable law, you agree that TryCycle or its officers, directors, employees, agents, licensors, and their respective successors and assigns shall not be liable for damages of any kind, including, without limitations, any direct, indirect, special, punitive, incidental, exemplary, consequential or other damages of any kind, including, without limitation, any loss or damages in the nature of or relating to medical or personal injury; wrongful death; inaccurate information; lost business; any other loss incurred in connection with your health care provider’s access, use, misuse or reliance upon the Website, Clinical Portal or App (including the free trial version of our Clinical Portal and App); your health care provider’s inability to use the Website, Clinical Portal or App; or the medical care you receive, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if TryCycle knew of or ought to have known of the possibility of such damages.

To the fullest extent permitted by applicable law, TryCycle 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 Website, Clinical Portal or App or to your downloading of any material posted thereon or on any websites linked to the Website or App.

To the fullest extent permitted by applicable law, TryCycle disclaims any and all liability for the acts, omissions, conduct or content provided by any third-party user of the Website, Clinical Portal or App (including the free trial version of our Clinical Portal and App); any advertiser or sponsor of the Website, Clinical Portal or App; any health care providers; and any third-party licensors. Under no circumstances shall TryCycle or its officers, directors, employees, agents, licensors, or their respective successors and assigns be liable for any injury, loss, damage of any kind (including direct, indirect, special, punitive, incidental, or consequential damages), or expense arising in any fashion whatsoever from the acts, omissions, conduct, content provided by or statements and opinions expressed by any third party, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if TryCycle knew of or ought to have known of the possibility of such damages.

10. Indemnity

You agree to indemnify, defend, and hold harmless TryCycle and its officers, directors, employees, agents, licensors, subsidiaries, affiliates, and their respective successors and assigns, from and against any and all claims, actions, demands, liabilities, costs, or expenses whatsoever, including, without limitation, reasonable legal fees and disbursements, due to or arising out from: (i) your breach of this Agreement; (ii) your breach of applicable law; (iii) your breach of the rights of a third party.

11. Termination

TryCycle may, in its sole discretion, cancel or terminate your right to use the Website, Clinical Portal or App or any part of thereof at any time without notice. Cause for such termination may include, but is not limited to: (a) breaches or violations of this Agreement or any other agreement that you may have with TryCycle; (b) requests by law enforcement or other government agencies; (c) a request by you; (d) discontinuance or material modification to the Website, Clinical Portal or App or any part thereof; (e) unexpected technical, security, or legal issues or problems; and/or (f) participation by you, directly or indirectly, in fraudulent or illegal activities.

In the event of termination, you will no longer be authorized to access or use the Website, Clinical Portal or download and use the App or the part of the Website, Clinical Portal or App affected by such termination. TryCycle shall not be liable to you or to anyone else for such termination. Any termination by TryCycle of this Agreement or of your access or use of the Website, Clinical Portal and App shall be in addition to any and all other rights and remedies that TryCycle may have.

To the fullest extent permitted by applicable law, TryCycle also reserves the right to terminate this Agreement without cause at any time, with or without prior notice and in its sole discretion.

The following sections will survive any termination of this Agreement: Disclaimer, Limitation of Liability, Indemnity, Governing Law.

12. Use Prohibited where Contrary to Law

The Website, Clinical Portal and the App can only be accessed and used within your jurisdiction of residence, within Canada or the United States. Use of the Website, Clinical Portal or App is prohibited in any jurisdiction where the Websites, Clinical Portal or App may violate any laws or regulations. You agree not to access or use the Website, Clinical Portal, or App in such jurisdictions. You agree that you are responsible for compliance with all applicable laws and regulations, for the purposes of accessing or using the Website, Clinical Portal, and for the purposes of downloading and using the App.

13. Governing Law

(Not applicable if you reside in the province of Quebec)

To the fullest extent permitted by applicable law, the Website, Clinical Portal, App and these Terms and Conditions shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of law or your place of residence.

You agree and hereby submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to all matters relating to your access and use of the Website, Clinical Portal, and App, to these Terms and Conditions, as well as any dispute that may arise therefrom.

14. Governing Law

(Applicable only if you reside in the province of Quebec)

The Website, Clinical Portal, App and these Terms and Conditions shall be governed by the laws of the Province of Quebec and the laws of Canada applicable therein.

15. Amendments

We reserve the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Website, Clinical Portal or App or any part thereof. We shall not be liable to you or to any third party for any modifications, suspension or discontinuance of the Website, Clinical portal or App or any part thereof.

We may amend this Agreement at any time by posting the amended terms on the Website, in the Clinical Portal, and in the App. If required by applicable law, we will notify you of those changes and will provide you with at least 30 days notice in advance of an amendment taking effect. Your continued access or use of the Website or App will constitute your acceptance of the amended terms. Alternatively, we may also, at our discretion, request that you acknowledge your acceptance of the amendments via an electronic click-through.

If you do not agree to an amendment, you must stop accessing and using the Website and the App and must delete the App from your device.

In our sole discretion, we may also assign this Agreement, and in such an event, we will notify you in accordance with this Agreement.

Applicable only if you reside in the province of Quebec:

1. Notwithstanding the foregoing, if we wish to unilaterally amend this Agreement, we will provide you with a notice that outlines exclusively any new clauses, amended clauses, and any wording of any clauses as they were formerly written, along with the date the amendment will automatically come into effect. In such a case, the notice will be provided to you at least thirty (30) days before the date on which the amendment is set to come into effect. In such a case, if the amended terms result in an increase in your obligations or a reduction in our obligations, you may send us notice within thirty (30) days after the amended terms take effect to inform us of your refusal to accept the amendment. Upon our receipt of such notice, this Agreement will terminate without cost or penalty to you.
2. Alternatively, we may choose, at our discretion, to seek your consent for amendments to this Agreement, including by explicitly requesting that you agree to an amendment.

In addition to the above, if you agree to be bound by a new version of this Agreement, you will be considered to have agreed to any amendment made to this Agreement.

16. Relationship of the Parties hereto

No partnership, joint venture, agency or employment relationship is created as a result of this Agreement, and neither party to this Agreement has any authority of any kind to bind the other in any such respect.

17. Force Majeure

TryCycle and its officers, directors, employees, agents, content providers, customers and suppliers shall not be liable or responsible to you, nor be deemed to have defaulted or breached the Agreement for any failure or delay in fulfilling or performing any of these Terms and Conditions or in providing our services when and to the extent that such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of TryCycle and its officers, directors, employees, agents, content providers, customers and suppliers, including but not limited to, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities, terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrections, epidemics, pandemics, governmental emergency orders or restrictions, lockouts, strikes or other labour disputes, restraints or delays affecting carriers or inability or delay in obtaining supply of adequate or suitable materials, materials or telecommunication breakdown, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather or power outages. Notwithstanding the foregoing, this Agreement shall continue in full force and effect.

18. Notices

You agree that we may provide you any notice required by applicable law or related to this Agreement through a notice accessible through the Website, or within the App, or by using any contact details we may have for you, including via email or via push notifications if you have enabled push notifications related to the App.

19. Severability

If any provision of this Agreement is determined to be invalid or unenforceable, in whole or in part, by any court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

20. Waiver

Any consent, whether express or implied, granted by TryCycle to a breach of this Agreement, or any waiver thereof, shall not be deemed as consent to, or waiver of, any subsequent or different breach. No provision of this Agreement may be amended or waived except through a written document.

21. Benefit of the Agreement

This Agreement shall enure to the benefit of TryCycle and its successors and assigns, and shall be binding on you, your heirs, executors, administrators, successors and permitted assigns. You may not assign this Agreement or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without the prior written consent of TryCycle.

22. Entire Agreement

These Terms and Conditions constitute the entire Agreement between you and TryCycle relating to your access and use of the Website, Clinical Portal and to your download or use of the App. This Agreement supersedes and invalidates all prior representations, warranties, understandings, and agreements between you and TryCycle relating to the subject matter of this Agreement.

23. Language / Langue

(Residents of the Province of Quebec Only)

You acknowledge having requested that this Agreement be drawn up exclusively in English and hereby agree to be bound by the English-only version of this Agreement, and to have all related documents to this Agreement be drawn up exclusively in English. Vous reconnaissez avoir demandé que le présent contrat soit rédigé exclusivement en anglais et acceptez par la présente d’être lié par la version exclusivement en anglais du présent accord et à ce que tous les documents liés au présent accord soient rédigés exclusivement en anglais.

24. Specific Terms and conditions applicable to mobile apps available on Apple’s App Store:

• Acknowledgment By agreeing to these Terms and Conditions, you acknowledge that these Terms are a binding contract between you and TryCycle, excluding Apple.
• Maintenance and Support TryCycle and its service providers are responsible for providing any required maintenance and support services for the App. You understand and agree that Apple has no obligation to provide any maintenance and support services for the App.
• Warranty: You understand and agree that Apple carries no warranty obligations whatsoever related to the App.
• Product Claims: Apple is not responsible for addressing any claims related to an App or your possession and/or use of the App.
• Legal Compliance: You declare and guarantee that (i) you are not in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Third Party Terms of Agreement: You must comply with any relevant third-party terms of agreement when using the App.
• Third Party Beneficiary: You acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of these Terms. Therefore, once you accept these Terms, Apple will have the right (and will be considered to have accepted the right) to enforce these Terms as a third-party beneficiary.

25. Contact Us

Notices under and questions or comments regarding this Agreement or the Website, Clinical Portal or App should be directed to Geoff Schaadt at [email protected] or by regular mail to the address below:

Buddy’s Quest Terms & Conditions

Last updated: July 2026

1. Legal Agreement

The following terms and conditions (“Terms and Conditions”) apply to the access and use of the “Buddy’s Quest App” (the “App”), the website located at https://buddysquest.com and any other website associated with a feature of the App (each a “Website”, together the “Websites”).

These Terms and Conditions, together with any documents and/or additional terms they expressly incorporate by reference, constitute a legal agreement (“Agreement”) between you and TryCycle Data Systems Inc. (“TryCycle”/ “us”/ ”our”/ ”we”).

By accessing and using a Website or by downloading or using the App, you agree to be legally bound by this Agreement. If you do not accept the terms of this Agreement, you must not access or use the Websites and must not download or use the App.

By accessing or using a Website, or by downloading or using the App, you represent and warrant that you have the full legal capacity to enter into this Agreement or have obtained all necessary authorizations to do so.

Children’s Privacy and Intended Use:Buddy’s Quest is a youth wellness app designed for children and youth, including children under the age of 13. Buddy’s Quest is designed with youth safety and privacy in mind. The App does not require children to create accounts or provide any information that directly identifies them. The Buddy’s Quest app does not identify, monitor, or track individual youth. The App does not collect location information, use tracking cookies, or use children’s information for advertising, marketing, or tracking across other services.

TryCycle is committed to protecting children’s privacy and considers applicable children’s privacy requirements, including the Children’s Online Privacy Protection Act (COPPA), where applicable. Buddy’s Quest follows privacy-by-design principles, including data minimization and responsible data practices.

If you are accessing or using a Website, or downloading or using the App in a capacity other than that of a typical end user (for example, because you are a Peer Advocate, a Program Manager, or another administrative role), this Agreement applies to you as well. However, any specific agreements you may have entered into regarding your duties associated with your role(s) in relation to the App will take precedence over these Terms and Conditions. This includes any specific disclaimers, limitations of liability, and indemnity agreements to which you may have agreed for the purposes of your role(s).

Please be advised that this Agreement contains provisions that may impact the claims that you and TryCycle may have against each other (In particular, see the following provisions: “Disclaimer”; “Limitation of Liability”; “Indemnity” and “Governing Law”).

2. Description of the App and Websites

The Buddy’s Quest App is a game environment, delivered by TryCycle, that also aids users in identifying emotional challenges they may be facing and offers a chat environment where the user can engage in anonymous, one-to-one text chats with a peer who has shared lived experiences. Our intent is to keep the identities of users confidential; as such, the Peer Advocates do not know the identities of the users they are chatting with. The App is not a provider of health services or an emergency service.

3. Use and Security of the Websites and App

The Websites and App are secured through encryption technologies. If we add functionalities that require creation of user accounts, all user accounts will be password protected and in such a case you will be required to use a unique and strong password and to keep your login credentials strictly confidential.

All Personal Information, as defined in our Privacy Policy, that may be collected through a Website or App will be held in the strictest confidence by TryCycle, to the extent permitted by law, and in accordance with applicable law and our Privacy Notice. Unless otherwise explicitly stated herein or in our Privacy Notice or otherwise required by applicable law, any non-personal information or material, including but not limited to any submissions or posts in public areas of a Website or App (“User Submissions”) or suggestions, reviews, comments or feedback sent to Buddy’s Quest/TryCycle related to any aspect of a Website or App (“Feedback”), will be deemed not to be confidential.

By making User Submissions or by sending such Feedback to Buddy’s Quest/TryCycle, you grant TryCycle an unrestricted, irrevocable licence to use, reproduce, display, perform, modify, transmit and distribute such User Submissions and Feedback, and you agree that TryCycle is free to use any ideas, inventions, concepts, know-how or techniques you send to Buddy’s Quest/TryCycle for any purpose. You agree that you waive your moral rights to be identified as the author of such User Submissions and Feedback and that TryCyclemay modify your User Submissions and Feedback. However, TryCycle will not release your name or otherwise publicize the fact that you made User Submissions or submitted Feedback or other information or materials unless you grant TryCycle permission to do so or TryCycle is required to do so by law.

To protect the integrity of the Websites, App, or any other websites, services, or apps of TryCycle or a third party, TryCycle reserves the right, at any time and in its sole discretion, to block certain users, devices, or IP addresses from accessing the Websites, App, or any other website, service, or app of TryCycle’s.

4. Intellectual Property Rights and Ownership

The Websites, the App, and the information they contain are the property of TryCycle and are protected from unauthorized copying and dissemination by copyright law, trademark law, patent law, industrial design law, and other intellectual property laws.

Subject to these Terms and Conditions, TryCycle grants to you a revocable, non-transferable, non-exclusive licence to download, install, and use one copy of the App on each mobile device or other supported device that you either own or are an authorized user of, strictly for your personal, non-commercial use (the “Licence”). The App is hereby licensed, not sold, to you. Source code as well as any other information pertaining to the logic, design, or structure of the App, including the object or executable code form thereof, is specifically excluded from the Licence granted herein.

Title to the Websites and App, and all documentation and material whatsoever related thereto, shall at all times remain with TryCycle, and all intellectual property rights of whatever nature with respect thereto shall be and remain the exclusive property of TryCycle. Nothing in this Agreement gives you a right to use TryCycle’s names, trademarks, logos, domain names, and other distinctive brand features without prior written consent from TryCycle. Any future release, update, or other additions to the functionality of a Website or App shall be subject to the terms of this Agreement. 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.

5. Rules of Conduct

It is a condition of your use of the Websites and App that you use them only for lawful purposes and in accordance with this Agreement and that you do not:

(a) attempt to circumvent and violate the security of a Website or App, including, without limitation:

• Accessing content and data that is not intended for you;
• Attempting to breach or breaching the security and/or authentication measures which are not authorized;
• Restricting, disrupting or disabling service to users, hosts, servers or networks;
• Illicitly reproducing TCP/IP packet headers;
• Disrupting network services and otherwise disrupting a Website or App or TryCycle’s ability to monitor a Website or App;
• Using any robot, spider or other automatic device, process or means to access a Website or App for any purpose, including monitoring or copying any of the material on a Website or App;
• Introducing any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful;
• Attacking a Website or App via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and
• otherwise attempting to interfere with the proper working of a Website or App.

(b) access or use for any commercial purposes any part of a Website or App or any services or materials available through a Website or App;

(c) 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 a Website or App, in any form or medium whatsoever nor delete or alter any copyright, trademark or other proprietary rights or notices from copies of materials from a Website or App except:

• Your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
• A reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication or distribution of any kind on any medium whatsoever;
• One user copy may be downloaded per device that you own or for which you are an authorized user, with any proprietary notices intact, for your own personal, non-commercial use; and
• In the event that social media are linked to certain content on a Website or App, you may take such actions as the Website, App and such third-party social media platforms permit.

(d) use a Website or App or make User Submissions that:

• In any manner violates any applicable federal, provincial, state, local or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secrets, copyright or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under Applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy;
• In any manner, violates the terms of use of any third-party websites that are linked to a Website or App, including but not limited to, any third-party social media websites;
• Includes or contains any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory or discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in TryCycle’s sole discretion;
• Involves stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable law, regulations or code;
• Involves, provides or contributes any false, inaccurate or misleading information;
• Includes sending, knowingly receiving, uploading, downloading, using or reusing any material that does not comply with these Terms and Conditions;
• Impersonates or attempts to impersonate Buddy’s Quest/TryCycle, a Buddy’s Quest/TryCycle employee, volunteer, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
• Transmits, or procures the sending of, any advertisements or promotions without our prior written consent, sales or encourages any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter or advertising or any other similar solicitation;
• Encourages any other conduct that restricts or inhibits anyone’s use or enjoyment of a Website or App, or which, as determined by us, may harm Buddy’s Quest/TryCycle or users of a Website or App or may expose Buddy’s Quest/TryCycle or other users to liability;
• Causes annoyance, inconvenience or needless anxiety or be likely to upset, embarrass or alarm any other person;
• Promotes any illegal activity, or advocates, promotes or assists any unlawful act;
• Gives the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case;
• Includes sharing personal information of other individuals without their consent (this includes contact information, photos, or other sensitive details); or
• Includes commercial or promotional content.

Non-compliance with these rules of conduct may lead to the suspension or termination of your access to the Websites, and App, which may be enforced by all appropriate legal or technological means at our disposal, such as banning IP addresses or mobile device unique identifiers. This does not limit TryCycle’s legal recourse under applicable law and as outlined herein.

6. Emergency

Except as explicitly provided in this Agreement, the Websites and App are not intended for use during immediate emergencies or to provide immediate aid in such circumstances, including in situations of medical emergencies. If you are experiencing a medical emergency, please contact your local emergency services or seek professional medical help.

Any content on the Websites or App, or that is otherwise obtained from Buddy’s Quest/TryCycle is provided for general information purposes only; it is not intended to amount to advice, including medical advice, on which you should rely. Our services do not include the provision by Buddy’s Quest/TryCycle of health care services, mental health services or any other professional services, and Buddy’s Quest/TryCycle does not recommend or endorse any health care professionals.

7. The App: Guidelines for Peer Advocates

If you are a Peer Advocate, in addition to these Terms and Conditions, you must comply with the following guidelines:

1. Compliance with Laws: Peer Advocates are required to abide by all applicable laws and regulations in their interactions within the app.
2. Respect for Privacy: Peer Advocates must respect the privacy of users. They should never request or disclose any personal information.
3. Respectful Conduct: Peer Advocates agreed to treat all users with respect, understanding, and patience. Any form of discrimination, harassment, or abuse is strictly prohibited.
4. Confidentiality: All conversations and shared information are confidential and not be disclosed or used outside the App unless as explicitly permitted by these guidelines. Peer Advocates must not try to obtain, directly or indirectly, personal information about a user and must not try to obtain a user’s identity or encourage in any manner a user to disclose their identity within the App.
5. Accuracy of Information: Peer Advocates should provide accurate and truthful information to the best of their knowledge. They should not make promises or guarantees they cannot fulfill or try to impose their personal opinions and views on users.
6. Political Use: Peer Advocates are prohibited from using the platform to promote, advocate for, or against any political party, candidate, or policy. Discussions and advice should remain neutral and free from political bias or influence.
7. Promotional Use: Peer Advocates must not use their role to promote or advertise any goods, services, or commercial interests. Their primary function is to provide peer support to users, not to engage in any form of commercial activity or solicitation on the platform.
8. Code of Conduct: Peer Advocates must maintain a high level of ethical standards and professionalism and abide by the Volunteer Code of Conduct. They must not engage in any conduct that could harm the reputation of the App, of Buddy’s Quest/TryCycle or of an individual or community.
9. Emergency and Abuse Reporting: If a Peer Advocate comes across illegal activities or rule-breaking behavior, they should report it immediately via the built-in reporting system available to Peer Advocates within the App or a Website and should directly notify their manager of the activities. If this is an emergency, Peer Advocates should also contact local authorities directly.
10. Adherence to training: Peer Advocates should act in accordance with the training and instructions they have received as part of their role. They must apply the skills, techniques, and best practices learned during their training to effectively support anonymous users.

Non-compliance with these guidelines may lead to the termination of the Peer Advocate role and potential suspension or removal of access to the App. This does not limit TryCycle’s legal recourse under applicable law and as outlined herein. These guidelines may be updated periodically, and Peer Advocates may be required to accept the revised guidelines to continue using the App.

8. Disclaimer

The Websites and App are provided, “as it is”. While TryCycle endeavours to provide accurate, current and timely information, TryCycle makes no representation, warranties or covenants of any kind, express or implied, statutory or otherwise, regarding the Websites or App including, without limitation, no representation, warranty or covenant that: (i) the Websites or App and their contents will be accurate, complete, current, reliable, timely, of merchantable quality or suitable for a particular purpose; (ii) the operation of the Websites or App will be uninterrupted or error free; (iii) the Websites or App shall process date and time-related data without causing any processing interruptions, abnormal termination or without processing or manipulating any time-related data; (iv) the App will not disappear or be erased from your device; (v) the Websites or App will be free from material defects or that defects or errors, whether human or computer errors, in a Website or App will be corrected; (vi) the Websites or App will be free from viruses or harmful components that may damage or infect your device or other property; and that (vii) communications to or from the Websites or App will be secure and/or not interrupted. Transmission of information via the Internet is not completely secure. Although TryCycle does its best to protect your information, TryCycle cannot guarantee the security of your information transmitted to the Websites or App. Neither TryCycle, nor their officers, directors, employees, agents, licensors successors and assigns assume any liability resulting from the release of any information or material contained in or entered in the App.

You acknowledge and agree that your access to and use of the Websites and App is at your own risk.

This Section 8 is to be interpreted in accordance with applicable law and is not intended to waive any obligations of TryCycle or relinquish any rights of consumers which cannot be waived or relinquished as per applicable law.

9. Limitation of Liability

(not applicable to consumers who reside in the Province of Quebec)

To the fullest extent permitted by applicable law, you agree that TryCycle and their officers, directors, employees, agents, licensors, and successors and assigns will not be liable for damages of any kind, including, without limitations, any direct, indirect, special, punitive, incidental, exemplary, consequential or other damages of any kind, including, without limitation, any loss or damages in the nature of or relating to medical or personal injury; wrongful death; inaccurate information; lost business; your inability to use a Website or App. The foregoing limitation shall apply even if TryCycle, or their officers, directors, employees, agents, licensors, and their respective successors and assigns knew of or ought to have known of the possibility of such damages.

To the fullest extent permitted by applicable law, you agree that TryCycle and their officers, directors, employees, agents, licensors, and successors and assigns 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 a Website or App or to your downloading of any material posted thereon or on any website linked to a Website or App.

To the fullest extent permitted by applicable law, TryCycle disclaims any and all liability for the acts, omissions, conduct or content provided by any third-party user of a Website or App; any advertiser or sponsor of a Website or App; and any third-party licensors. Under no circumstances shall TryCycle or their officers, directors, employees, agents, licensors, successors and assigns be liable for any injury, loss, damage of any kind (including direct, indirect, special, punitive, incidental, or consequential damages), or expense arising in any fashion whatsoever from the acts, omissions, conduct, content provided by or statements and opinions expressed by any third party, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if TryCycle, or their officers, directors, employees, agents, licensors, successors and assigns knew of or ought to have known of the possibility of such damages.

10. Indemnity

You agree to indemnify, defend and hold harmless TryCycle and their officers, directors, employees, agents, licensors, subsidiaries, affiliates, successors and assigns, from any claims, actions, demands, liabilities, costs, or expenses whatsoever, including, without limitation, reasonable legal fees and disbursements, due to or arising out of your breach of this Agreement, your improper use of a Website or the App or your breach of applicable law or of the rights of a third party.

11. Termination

TryCycle may, in its sole discretion, cancel or terminate your right to use the Websites or App or any part of thereof at any time, with or without notice. Cause for such termination may include, but is not limited to: (a) breaches or violations of this Agreement or any other agreement that you may have with TryCycle; (b) requests by law enforcement or other government agencies; (c) a request by you; (d) discontinuance or material modification to a Website or App or any part thereof; (e) unexpected technical, security, or legal issues or problems; and/or (f) participation by you, directly or indirectly, in fraudulent or illegal activities.

In the event of termination, you will no longer be authorized to access or use the Websites or download or use the App or the part of a Website, or App affected by such termination. TryCycle shall not be liable to you or to anyone else for such termination. Any termination by TryCycle of this Agreement or of your access or use of a Website, or App shall be in addition to any and all other rights and remedies that TryCycle may have. To the fullest extent permitted by applicable law, TryCycle also reserves the right to terminate this Agreement without cause at any time, with or without prior notice and in its sole discretion.

The following sections will survive any termination of this Agreement: Disclaimer, Limitation of Liability, Indemnity, Governing Law.

12. Use Prohibited where Contrary to Law

Use of the Websites or App is prohibited in any jurisdiction where the Websites or App may violate any laws or regulations. You agree not to access or use the Websites or App in such jurisdictions. You agree that you are responsible for compliance with all applicable laws and regulations, for the purposes of accessing or using the Websites, and for the purposes of downloading and using the App.

13. Governing Law

(Not applicable if you reside in the Province of Quebec).

To the fullest extent permitted by applicable law, the Websites, the App and this Agreement shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to the principles of conflicts of law or your place of residence. You agree and hereby submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to all matters relating to your access and use of the Websites, and App, to this Agreement, as well as any dispute that may arise therefrom.

14. Governing Law

(Applicable only if you reside in the Province of Quebec)

The Websites, App and this Agreement shall be governed by the laws of the Province of Quebec and the laws of Canada applicable therein.

15. Amendments

We reserve the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, a Website, or App or any part thereof. We shall not be liable to you or to any third party for any modifications, suspension or discontinuance of a Website, or App or any part thereof.

We may amend this Agreement at any time by posting the amended terms on a Website or in the App. If required by applicable law, we will provide you with at least 30 days notice in advance of an amendment taking effect. Your continued access or use of a Website or App will constitute your acceptance of the amended terms. Alternatively, we may also, at our discretion, request that you acknowledge your acceptance of the amendments via an electronic click-through.

If you do not agree to an amendment, you must stop accessing and using the Websites and the App and must delete the App from your device.

Applicable only if you reside in the province of Quebec:

1. Notwithstanding the foregoing, if we wish to unilaterally amend this Agreement, we will provide you with a notice that outlines exclusively any new clauses, amended clauses, and any wording of any clauses as they were formerly written, along with the date the amendment will automatically come into effect. In such a case, the notice will be provided to you at least thirty (30) days before the date on which the amendment is set to come into effect. In such a case, if the amended terms result in an increase in your obligations or a reduction in our obligations, you may send us notice within thirty (30) days after the amended terms take effect to inform us of your refusal to accept the amendment. Upon our receipt of such notice, this Agreement will terminate without cost or penalty to you.
2. Alternatively, we may choose, at our discretion, to seek your consent for amendments to this Agreement, including by explicitly requesting that you agree to an amendment.
3. In addition to the above, if you agree to be bound by a new version of this Agreement, you will be considered to have agreed to any amendment made to this Agreement.

16. Relationship of the Parties hereto

No partnership, joint venture, agency or employment relationship is created as a result of this Agreement, and neither party to this Agreement has any authority of any kind to bind the other in any such respect.

17. Force Majeure

TryCycle, and their officers, directors, employees, agents, content providers, customers and suppliers shall not be liable or responsible to you, nor be deemed to have defaulted or breached the Agreement for any failure or delay in fulfilling or performing any of these Terms and Conditions or in providing our services when and to the extent that such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of TryCycle and its officers, directors, employees, agents, content providers, customers and suppliers, including but not limited to, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities, terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrections, epidemics, pandemics, governmental emergency orders or restrictions, lockouts, strikes or other labour disputes, restraints or delays affecting carriers or inability or delay in obtaining supply of adequate or suitable materials, materials or telecommunication breakdown, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather or power outages. Notwithstanding the foregoing, this agreement shall continue in full force and effect.

18. Notices

You agree that we may provide you any notice required by applicable law or related to this Agreement by means of a notice accessible through a Website, or within the App, or by using any contact details we may have for you, including via email or via push notifications if you have enabled push notifications related to the App.

19. Severability

If any provision of this Agreement is determined to be invalid or unenforceable, in whole or in part, by any court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

20. Waiver

Any consent, whether express or implied, granted by TryCycle to a breach of this Agreement, or any waiver thereof, shall not be deemed as consent to, or waiver of, any subsequent or different breach. No provision of this Agreement may be amended or waived except through a written document.

21. Benefit of the Agreement; Third-Party Beneficiaries

This Agreement shall enure to the benefit of TryCycle and their respective successors and assigns, and shall be binding on you, your heirs, executors, administrators, successors and permitted assigns. You acknowledge and agree that TryCycle and its subsidiaries and assigns are third-party beneficiaries of this Agreement. Therefore, they will each have the right, and will be considered to have accepted this right, to enforce this agreement directly against you, as a third-party beneficiary to this Agreement.

22. Assignment

You may not assign this Agreement or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without the prior written consent of TryCycle.

23. Entire Agreement

These Terms and Conditions constitute the entire Agreement between you and TryCycle relating to your access and use of the Websites, to your download and use of the App. This Agreement supersedes and invalidates all prior representations, warranties, understandings, and agreements between you and TryCycle relating to the subject matter of this Agreement.

24. Language / Langue

(Residents of the Province of Quebec Only).

You acknowledge having requested that this Agreement be drawn up exclusively in English and hereby agree to be bound by the English-only version of this Agreement, and to have all related documents to this Agreement be drawn up exclusively in English.

Vous reconnaissez avoir demandé que le présent contrat soit rédigé exclusivement en anglais et acceptez par la présente d’être lié par la version exclusivement en anglais du présent accord et à ce que tous les documents liés au présent accord soient rédigés exclusivement en anglais.

25. Specific Terms and conditions applicable to Apple’s app Store:

• Acknowledgement By agreeing to these Terms and Conditions, you acknowledge that these Terms are a binding contract between you and TryCycle, excluding Apple.
• Maintenance and Support TryCycle and its service providers are responsible for providing any required maintenance and support services for the App. You understand and agree that Apple has no obligation to provide any maintenance and support services for the App.
• Warranty: You understand and agree that Apple carries no warranty obligations whatsoever related to the App.
• Product Claims: Apple is not responsible for addressing any claims related to an App or your possession and/or use of the App.
• Legal Compliance: You declare and guarantee that (i) you are not in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Third Party Terms of Agreement: You must comply with any relevant third-party terms of agreement when using the App.
• Third Party Beneficiary: You acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of these Terms. Therefore, once you accept these Terms, Apple will have the right (and will be considered to have accepted the right) to enforce these Terms as a third-party beneficiary.

26. Contact Us

Questions or comments regarding this Agreement, the Websites or App should be directed to Geoff Schaadt at [email protected] or by regular mail to the address below: