THIS END USER LICENCE AGREEMENT (EULA) is a legal agreement between Delica, inc. (“MyDelica”) and you the User (“You”). It describes the rights and obligations associated with using MyDelica Software, including, but not limited to, our website and mobile application provided to You through the Apple App Store or the Google Play Store.

YOUR OBLIGATIONS

  1. Accepting to Be Bound
  1. You agree to be bound by the terms and condition of this EULA:
  1. By clicking “I agree” on the app registration page and signing up; or
  2. By installing, copying or otherwise using this software.
  1. If You do not agree with every term and condition of this EULA, do not download, open, install or use the Software or product package. If You have already downloaded the Software, then You must delete it immediately without further use. In addition, certain third-party codes may be provided with the Software. The third-party license terms accompanying such code, and not the terms of this EULA, will govern Your use of such code.
  1. Age Certification
  1. You certify that You are of legal age of majority in the jurisdiction in which you reside (at least 18 years of age) and You represent that You are legally permitted to use this Software.

YOUR RIGHTS

  1. Access to Software. You may access and download to your mobile device the latest version of the Software from either the Apple App Store or the GooglePlay store. Once installed on your mobile device, You will choose a MyDelica ID and password to login to the Software. You are responsible for maintaining the confidentiality of your MyDelica ID, password and account and for any activity in connection with your account and all
    activities that occur under your password. We will not be liable for any loss or damage arising from your failure to comply with these conditions.
  2. Tracked Data. You own all personal information and data input and tracked by the Software regarding Your personal psychedelic journey ("Tracked Data"). It will be kept confidential in accordance with our Privacy Policy. If you choose to share your Tracked Data with anyone, then you
  1. accept all responsibility for sharing of such information; and
  2. relieve MyDelica of any responsibility or liability in relation to that shared Tracked Data.
  1. Consent to Collection and Use of Anonymous Data. By installing the Software and in exchange for use of the Software, You hereby consent to MyDelica collecting, storing, processing and analyzing anonymous diagnostic, technical and usage logs, systems and hardware identifiers, real-time location-based information (if available), as well as all anonymized Tracked Data (“Anonymous Data”). You hereby grant to MyDelica a perpetual, irrevocable, royalty-free, non-exclusive licence (with the limited right to sub- license to Activation Code Partners, as described in Sections 6 and 7 herein) to use Anonymous Data for whatever purpose it  chooses, including without limitation for medical and academic research and or commercial purposes, in accordance with Your Rights provisions contained herein, as well as MyDelica’s Privacy Policy.

MYDELICA’S RIGHTS

  1. Revocation MyDelica may, at any time, revoke Your use of the Software if you breach any of these terms and conditions.
  2. Changes to the EULA: MyDelica reserves the right to modify the terms, conditions and policies of this EULA from time to time. If MyDelica makes changes to the terms and conditions of this Agreement, then You will be notified the next time You log in to use the Software.
  3. Ownership and Copyright of Software. All the Software you are using through our products and services is protected by copyright laws and international treaty provisions. You agree not to remove the copyright or trademark notices from the Software and agree to prevent any unauthorized copying of the Software within Your control (and to report such to MyDelica, if not in your control). MyDelica does not grant any express or implied right to You under MyDelica patents, copyrights, trademarks, or trade secret information. If you want to report an unauthorized copy please contact us at support@mydelica.com.  
  4. Limitation of Liability. MyDelica and its affiliates, representatives, agents, directors, officers, shareholders, and employees are not responsible for and shall not be liable for:
  1. late, lost, delayed, damaged, misdirected, inaccurate, incomplete, or unintelligible registration or data point entries;
  2. telephone, electronic, hardware, or software program, network, Internet, computer, or other malfunctions, failures, or difficulties of any kind, whether human or technical;
  3. failed, incomplete, garbled, or delayed computer transmissions;
  4. any condition caused by events beyond our control;
  5. any injuries, losses, or damages of any kind, whether to property or persons, arising in connection with or as a result of your use of the Software, any treatment decisions made by you in conjunction with your use of the Software including but not limited to your receipt and/or use of any Benefits (as defined below); or
  6. any printing or typographical errors in any materials associated with the Software. Further, in no event shall we, or any of our affiliates, and/or their respective officers, directors, employees, agents, representatives, information providers, and licensors and/or their respective heirs and assigns be liable to you or any third parties for any damages of any kind or nature, including but not limited to, direct, indirect, incidental, consequential, exemplary, special (including loss of profit), punitive, or other damages arising from or in connection with the existence or use or inability of use of the Software (or its web companion, as the case may be) or any such dispute, regardless of whether MyDelica or any of the other entities or persons listed above have been advised as to the possibility of such damages. Under no circumstances are You permitted to obtain benefits for, and You hereby waive all rights to claim punitive, incidental, or consequential damages, including attorneys' fees, other than Your actual out-of-pocket expenses (i.e., costs, if any, associated with using the Software), and You further waive all rights to have damages multiplied or increased. You accept all responsibility for, and hereby indemnify and hold us, our subsidiaries, and affiliates harmless from and against, any actions taken by any user authorized by You to use Your account, including, but not limited to, accrual of Points, redemption of Points, and disclosure of passwords to third parties.
  1. Software Provided “As Is”. Provision of any Software under this Agreement shall not create any obligation for MyDelica to continue to develop, productize, support, repair, offer for sale or in any other way continue to provide or develop Software either to You or to any other party. THE SOFTWARE IS PROVIDED “AS IS”; WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. For further details, see our privacy policy, available at https://www.mydelica.com/privacy-policy.
  2. Term and termination of This Agreement. The Term of this EULA starts when you download the Software and will continue until you choose to terminate it by deleting your user account with MyDelica or MyDelica terminates it by deactivating your account as a result of You breaching any provision of the EULA You may terminate it at any time for any reason by deleting Your MyDelica user account. At that point, You shall immediately cease using the Software. If you choose to delete Your account, then MyDelica will permanently remove all of Your personal information from all of its systems in accordance with industry best practices, which will not be recoverable. Your Tracked Data will be made Anonymous Data. That Anonymous Data will be retained in the MyDelica database in completely anonymized form for MyDelica’s use to improve its analysis of psychedelic substances and truly help users.

DISCLAIMERS

  1. We are not Providing Medical Advice. NO INFORMATION CONTAINED IN THE SOFTWARE OR ON ANY MYDELICA WEBSITE IS PROVIDED WITH THE INTENTION OF GIVING MEDICAL ADVICE OR INSTRUCTIONS ON THE SAFE AND ACCURATE USE OF PSYCHEDELIC SUBSTANCES AND IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. MYDELICA CANNOT AND DOES NOT ANSWER EMAILS REQUESTING MEDICAL ADVICE OF ANY KIND. YOU SHOULD ALWAYS CONSULT A HEALTHCARE PROFESSIONAL FOR MEDICAL ADVICE. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ IN USING THE SOFTWARE OR ON A MYDELICA WEBSITE. MYDELICA DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC PRODUCTS, HEALTHCARE PROFESSIONALS, TREATMENT PLANS, CONSUMPTION METHODS, PROCEDURES, OPINIONS OR OTHER INFORMATION THAT MAY BE MENTIONED WITHIN THE SOFTWARE OR ON A MYDELICA WEBSITE. YOU SHOULD NOT ADJUST ANY PART OF YOUR TREATMENT PLAN OR MAKE ANY CHANGES TO YOUR PSYCHEDELIC SUBSTANCES USAGE BASED UPON INFORMATION OR DATA OBTAINED IN USING THE SOFTWARE OR CONTAINED ON A MYDELICA WEBSITE WITHOUT FIRST DISCUSSING WITH YOUR HEALTHCARE PROFESSIONAL.
  2. No Licence or Representation. This EULA does not create any license for any trademark, patent, copyright, or any other intellectual property right.
  3. General
  1. Legal Fees. In the event that either party shall bring any action to enforce or protect any of its rights under this EULA, the prevailing party shall be entitled to recover, in addition to its damages, its reasonable legal fees and costs (including those of in-house counsel) incurred in connection therewith.
  2. Governing Jurisdiction. Any dispute resolution will be governed by the state of New York laws, regulations and policies.
  3. Miscellaneous Provisions. This EULA constitutes the entire agreement and understanding between MyDelica and You.

© 2021 Delica™ Inc.

™ marks owned by Delica™ Inc.

Version: V1.0

Last Updated: Jan 4, 2021