Mentions légales
Conditions d'utilisation
Aucune traduction française de ce document n’existe pour le moment — un texte juridique non traduit vaut mieux qu’une traduction juridique non révisée.
La version qui fait autorité est ci-dessous, en anglais. Une version française suivra.
1. Who these terms are between, and what they cover
These Terms of Service (“Terms”) are between Zhirov Enterprises Inc., an Ontario corporation (“we,” “us,” “our”), and you.
These Terms apply to two different things, and it matters which one you’re using:
- If you are a visitor to adessacare.com, these Terms govern your use of that website only.
- If your organization is a home-care agency using the AdessaCare product, the commercial terms of that relationship — what data is processed, on whose instructions, what safeguards apply, what happens on termination — are set out in a separate, signed Service-Provider Agreement between Zhirov Enterprises Inc. and your organization, not by these Terms. Where the two documents conflict as to that relationship, the signed Service-Provider Agreement controls.
By visiting the website or using the product, you agree to these Terms. If you do not agree, please do not use the website or the product.
2. Acceptable use
You agree not to:
- use the website or product for any unlawful purpose, or in a way that violates any applicable law or regulation;
- attempt to gain unauthorized access to any account, data, or system that is not your own;
- interfere with or disrupt the operation of the website or product, or attempt to circumvent any security or access control;
- use the product to store or process information you are not authorized to collect, or in a way that breaches your own obligations to the people whose information you enter into it;
- reverse-engineer, scrape, or attempt to extract the underlying software, except to the extent applicable law expressly permits this despite this restriction.
3. The product is provided as-is
AdessaCare is provided “as is” and “as available,” without warranty of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee any specific level of uptime, availability, or response time. AdessaCare is, as of this draft, an early-stage product used by a small number of agencies; it has not been operated at scale, and you should not rely on it for any purpose where an outage or data-handling error would be intolerable without your own independent safeguards (for example, your agency’s own backup scheduling records).
To the fullest extent permitted by applicable law, our total liability arising out of or relating to your use of the website or product will not exceed the total amount, if any, that you have paid us in the twelve months preceding the event giving rise to the claim. Where no fee has been paid — which is the case for every customer as of this draft — this means our liability is nominal. Nothing in these Terms is intended to exclude or limit liability that cannot be excluded or limited under applicable law (including, where applicable, liability for gross negligence, wilful misconduct, or death or personal injury caused by our negligence).
4. Your responsibility for what you record
If you are an agency using AdessaCare, you remain responsible for the accuracy of the information your organization enters into the product — schedules, visit records, and any narrative content — and for your own obligations to your clients, your contractors, and any funder or regulator to whom you report. AdessaCare is a tool that helps you record and compile that information; it does not verify the underlying facts of a visit on your behalf, and it does not substitute for your own professional, contractual, or regulatory obligations.
5. Termination and your data on exit
You may stop using the product at any time. We may suspend or terminate access to the product for any account that violates these Terms, or on reasonable notice for any other reason (for example, discontinuing the product).
On termination, you may export your organization’s records — the visit records, service records, and generated PDFs your organization created while using the product — in a readable format, for a reasonable period after termination, on request to contact@adessacare.com. We do not, in this draft, commit to a specific timeline for deleting your organization’s data from our systems after termination, because an automated deletion mechanism does not yet exist in the product; our current, honest practice is described in the Privacy Policy’s retention section, and any future firm deletion commitment will be added there and cross-referenced here once that mechanism exists, not promised in advance of it.
6. Intellectual property
The AdessaCare name, logo, website content, and underlying software are owned by Zhirov Enterprises Inc. or its licensors and are protected by applicable intellectual property law. Nothing in these Terms grants you any right to use our name, branding, or software except as needed to use the product as intended.
7. No commercial terms are created by this document
As of this draft, AdessaCare has no paying customers, no pricing, no subscription plans, and no service-level commitments, and nothing in these Terms should be read as creating any of those things. If and when AdessaCare begins offering the product commercially, these Terms will be revised — likely substantially — before that happens, and any customer entering a paid relationship will do so under updated terms and a signed agreement that address pricing, service levels, and related commercial matters explicitly. Do not rely on this draft as describing any future commercial relationship.
8. Governing law
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in it, without regard to conflict-of-law principles.
9. Changes to these terms
We may update these Terms to reflect changes in our practices or applicable law. The “Last updated” date above shows when they were most recently revised. Continuing to use the website or product after a change takes effect means you accept the revised Terms.
10. Contact
Zhirov Enterprises Inc.[registered office address]
contact@adessacare.com