Terms of Service

These Terms of Service constitute an agreement between you, the user (both “patient” and “care provider”), and Change of Mind Productions Ltd. (aka "HeadStart"). The terms of this Agreement govern your use of HeadStart’s application called HeadStart (“HeadStart” or “App”), available on the iTunes App Store, and related markets, the supporting website called https://headstartapp.ca/ and called headstartapp.ca. By visiting or interacting with the App or the corresponding website at https://headstartapp.ca/ (“Site”), either as a visitor or as a user, you agree to be bound by the terms of this Agreement.

1. Description of Service

HeadStart is an application ("App") whereby survivors of traumatic brain injury (TBI) (“patient”) and their care providers, doctors, parent/guardian, etc. (“care provider”) can schedule and monitor tasks to be completed in their daily, weekly or monthly calendar.

You understand and agree that the App is provided "AS-IS" and that Change Of Mind Productions Ltd. assumes no responsibility for the use of the App. Change Of Mind Productions Ltd. is constantly innovating and seeks to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the App which Change Of Mind Productions Ltd. provides may change from time to time without prior notice to you. You may stop using the App at any time. By using this App, you acknowledge that Change Of Mind Productions Ltd. does not control in any manner the nature, quality, or accuracy of user-generated content, such as data saved and interpretations made. You agree that HeadStart is a neutral engine for patients and their care providers to schedule tasks and monitor their completion.

2. Eligibility

The App may not be used by minors without adult supervision (those under 19 years of age, or otherwise under applicable law), or by other individuals or organizations who cannot form legally binding contracts under applicable law. If you do not qualify, please do not use the App or the Site. By registering as a member you represent that you are, or are under the supervision of someone that is, age 19 or older.

3. HeadStart Does Not Provide Medical Advice

Any information published by Change Of Mind Productions Ltd., including text, graphics, images, symptoms, treatments, dosages, outcomes, charts, dates, profiles, photographs, advice, comments, messages, and other information, is for informational, research and educational purposes only. It is not a substitute for professional medical advice or treatment. It is not intended to be used to diagnose, cure, treat, or prevent any condition or disease.

If either the patient or care provider thinks there may be a medical emergency, call a doctor or 911 immediately. Change Of Mind Productions Ltd. does not recommend or endorse any specific course of action, tests, resources, physicians, products, procedures, drugs, opinions, or other information that may be mentioned in relation to the App, as reviewed in the App Store, on the HeadStart, Website, or elsewhere. Reliance on any information provided by HeadStart or Change Of Mind Productions Ltd., on data compiled on the App, the website, or on other users’ experience with the App or website is solely at your own risk.

4. HeadStart Does Not Take Responsibility for Missed, or the Repercussions of Missed, Tasks

Change Of Mind Productions Ltd. cannot be held responsible for any tasks not completed by the patient, whether due to human or technological error. The App is not meant to replace, or be a substitute for, the supervision of a care provider. HeadStart should be used to assist a patient—namely a TBI survivor—to reintegrate routine into their lives only with the assistance of a care provider who can monitor and follow up on the survivor’s progress.

5. Code of Conduct and Lawful Use of the App

You understand that you are entirely responsible for all information or other content that you upload, post, email, or otherwise transmit, whether publicly posted or privately transmitted. You agree not to post or upload anything to the HeadStart App Web Site or App Store page that is inaccurate, false or misleading; is obscene, abusive or indecent; or that infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of any party. You also agree to not impersonate another person or medical profession; to not harass, threaten or stalk another participant, including the use of expressions of bigotry, racism, hatred, or profanity; and to not use the App to conduct any illegal activity or any activity that violates the rights of others, provides instructional information about illegal activities, or promotes harm to anyone.

6. Privacy

There are no known risks to using HeadStart, but there is a possibility that users may feel uncomfortable sharing information online. Users should discuss the safety and privacy of their data before utilizing the App if they have concerns about their privacy and data safety. Users should refrain from exporting data unless they are certain that the receiving email address is authorized, credible, and secure. Users should understand that anyone can access their data if their smartphone is outside of their immediate control, and view the data entered into the app. If you are reading this Privacy Policy because you are concerned about the privacy of your data on your smartphone, we urge you to recognize and fulfill your responsibility to protect the privacy of your data by keeping your smartphone secure at all times. In using the App, users are free to define any data fields in language that makes them feel comfortable. They may also easily edit the symptom name without changing the historical data. The App is not networked, meaning that the data remains on the user’s smartphone at all times, unless and until the user exports their data. At such time, the data should be considered available to the public domain, so users should use due caution before sharing their data. Data exported by the user at the user’s command is NOT email-deidentified and should therefore be considered data for public use. Users can define their symptoms in whatever language they wish. Users are also free to stop using the App at any time. If a user chooses to delete HeadStart from their smartphone, their data will also be irretrievably deleted.

When you provide information on someone else's behalf, you are responsible for obtaining that person's consent to provide information. We are not responsible for obtaining consent or permission if you provide information on another person's behalf. In other words, it's your job to make sure you have the necessary permission and consent to provide us any information that is not your information. Do not provide us with someone else's information if they haven't given you permission to give it to us.

For more information, please view our Privacy Policy.

7. Changes and Limits to Service

Change Of Mind Productions Ltd. reserves the right to modify the App (or any part thereof) with or without notice. You agree that Change Of Mind Productions Ltd. has no responsibility or liability for any deletion or failure to store any data or other content maintained or transmitted by the App. You also agree that Change Of Mind Productions Ltd. reserves the right to change these limits at any time.

8. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (1) YOUR USE OF HEADSTART IS AT YOUR SOLE RISK. THE APP AND SERVICES AVAILABLE ARE PROVIDED ON AN "AS IS" BASIS. Change Of Mind Productions Ltd. EXPRESSLY DISCLAIMS ALL EXPRESSED AND IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (2) Change Of Mind Productions Ltd. DOES NOT WARRANT THAT (a) THE APP WILL MEET YOUR REQUIREMENTS; (b) THE APP WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE DATA RECORDED THROUGH THE APP WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE APP WILL MEET YOUR EXPECTATIONS AND (e) ANY ERRORS OR DEFECTS IN THE APP WILL BE CORRECTED. (3) ANY INFORMATION OR CONCLUSIONS DRAWN OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY USE OF THAT DATA. (4) THE CONCLUSIONS AND INFORMATION DRAWN BY YOU ARE NOT IN ANY WAY APPROVED OR ENDORSED BY Change Of Mind Productions Ltd. AND YOU USE SUCH INFORMATION AT YOUR OWN RISK. (5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR YOUR CHILDREN. Change Of Mind Productions Ltd. DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION WITH THIS APP AND, THEREFORE, Change Of Mind Productions Ltd. SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM USE OF THE APP.

9. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Change Of Mind Productions Ltd., ITS PARTNERS, CONTRIBUTORS, AGENTS, EMPLOYEES, OFFICERS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Change Of Mind Productions Ltd. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE APP; (b) ANY ACTION YOU TAKE BASED ON THE CONCLUSIONS YOU DRAW BY USING THE APP, (c) YOUR FAILURE TO KEEP YOUR DATA SECURE AND CONFIDENTIAL, (d) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; or (e) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE.

10. Indemnification

You agree to indemnify and hold harmless Change Of Mind Productions Ltd., its officers, employees, agents, subsidiaries, partners, and affiliates, from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement.

11. Notice

Notices to users may be made by updates when updating your app (which you update on the relevant App Store). Change Of Mind Productions Ltd. may also provide notices of changes to this Agreement or other matters by displaying notices or links to notices to you generally on their Website, https://headstartapp.ca/.

12. Modifications to this Agreement

Change Of Mind Productions Ltd. reserves the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this Site. We encourage you to review this Agreement periodically for any updates or changes. You understand and agree that if you use the App after the date on which this Agreement has changed, Change Of Mind Productions Ltd. will treat your use as acceptance of the updated Agreement.

13. General Legal Terms

The Terms of Use constitutes the entire agreement between you (the patient and care provider) and Change Of Mind Productions Ltd. and governs your use of the App, superseding any prior agreements between you and Change Of Mind Productions Ltd.. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. This Agreement shall be governed by the laws of the Province of British Columbia without regard to its conflict of law provisions. All disputes arising under, or in any way connected with membership in or use of the App, shall be litigated exclusively in the state courts residing in the Province of British Columbia, and in no other court or jurisdiction. You and Change Of Mind Productions Ltd. agree to submit to the personal and exclusive jurisdiction of the courts located within British Columbia.

Change Of Mind Productions Ltd., HeadStart App, HeadStart, and other related logos and product and service names are trademarks of Change Of Mind Productions Ltd.. Unless you have agreed otherwise in writing with Change Of Mind Productions Ltd. nothing in this Agreement gives you a right to use or display any of these trademarks in any manner.

Change Of Mind Productions Ltd. may assign this Agreement at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer this Agreement. If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.

For any questions or comments, or to report violations of this agreement, contact Change Of Mind Productions Ltd. at: info@headstartapp.ca