Terms and Conditions of use

BETTER APP WEBSITE AND APP TERMS AND CONDITIONS OF USE

1. TERMS OF USE

  1. By creating a BETTER App Account or accepting an invitation to be a Safety Net Peer Supporter, you obtain a non-exclusive limited license to download, install, access and use Better APP on The Last Door Recovery Society (LDRS) website, BetterAPP.ca mobile APP, or accept by text messaging SMS as part of the Safety Net found on Better APP.  By Creating an Account or Accepting an Invite to be a peer supporter, you are agreeing to be bound by these web site and APP terms and conditions of use, all applicable laws, and regulations, and agree that you are responsible for compliance with any applicable local laws. Better APP or LDRS are not responsible for any activity you undertake while using the APP. The APP is not a substitute or replacement for professional medical advice. If you do not agree with any of these terms, you are prohibited from using or accessing this APP or website or being a peer supporter. The materials contained in the Better APP website and APP are protected by applicable copyright and trademark law.  If you do not agree with these terms and conditions, do not create an account on Better or do not accept being a peer supporter in the Safety Net feature.
  2. You may sign in using your Facebook login to create an account on Better.  If you do so, you authorize us to access and use certain Facebook account information.
  3. You are responsible for maintaining the confidentiality of the login credentials you use to sign up for Better, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact us.

2. BETTER APP AND BETTER WEBSITE – SERVICES

  1. Using technology for relapse prevention
  2. Building recovery capital in people with addiction
  3. Improve health outcomes for people with addiction
  4. Safety Net Overdose Harm Reduction Prevention Tool, informing your safety net that you are about to use drugs, and asking them to contact emergency services in the event you as a drug user become nonresponsive to shutting of your alarm system,
  5. Safety Net Peer Support – By SMS, text message, being invited to be in a Safety Net, requires you to understand the terms and conditions of being added to a Better APP user’s Safety Net, you understand, the APP does not call emergency services, your as a peer supporter who is in the Better APP local calling area, will call emergency services.
  6. Opportunities for people to connect and communicate with the global recovery community, it has been said that connection is the opposite of addiction.
  7. Creating a global recovery infrastructure for Better APP and Website
  8. Research

4. USE LICENSE

  1. Permission is not granted to temporarily download or copy any materials, information, or software of Better APP for personal, non-commercial or commercial use. You may not:
    1. modify or copy the materials,
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial),
    3. attempt to decompile or reverse engineer any software contained on Better APP’s web site or APP,
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or “mirror” the materials on any other server.
  2. This APP account shall automatically terminate if you violate any of these restrictions and may be terminated by LDRS at any time, … and for associated reasons in the sole discretion of LDRS. Upon terminating your viewing of these materials or upon the termination of this account on Better APP, you must destroy any downloaded materials in your possession whether in electronic or printed format.

5. DISCLAIMER

  1. The materials on Better web site and app are provided “as is”.  LDRS makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, LDRS does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or the APP otherwise relating to such materials or on any sites linked to this site.

6. LIMITATIONS

  1. In no event shall LDRS or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Better APP’s website or APP, even if LDRS APP Subscribers who hold accounts have been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

7. REVISIONS AND ERRATA

  1. In its sole discretion, if at all the materials appearing on Better APP’s web site and APP, could include technical, typographical, or photographic errors. LDRS does not warrant that any of the materials on its web site or APP are accurate, complete, or current. LDRS may make changes to the materials contained on its web site at any time without notice.
  1. LDRS has not reviewed all of the sites linked to its Internet web site nor APP and is not responsible for the contents of any such linked site or meetings. The inclusion of any link or meetings does not imply endorsement by LDRS or Better APP. Use of any such linked web site, attending meetings, making connections on Better APP, or using Better APP is at the user’s own risk.

9. SITE TERMS OF USE MODIFICATIONS

  1. LDRS may revise these terms of use for its web site and APP at any time without notice. By using this web site and APP you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

10. GOVERNING LAW

  1. This Agreement shall be governed by the laws of the Province of British Columbia, Canada without regard to the choice or conflicts of law provisions of any other jurisdiction, and any disputes, actions, claims or causes of action of any type whatsoever arising out of or in connection with this Agreement or the Service provided shall be subject to the exclusive jurisdiction of the courts of British Columbia, Canada which courts are agreed and deemed to be the exclusive courts of competent jurisdiction for all intents and purposes.

11. PRIVACY POLICY

  1. Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.
  2. We will collect and use of personal information solely with the objective of fulfilling APP purposes specified by us and for other compatible purposes
  3. We will only retain personal information if necessary, for the fulfillment of those purposes.
  4. We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
  5. Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
  6. We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
  7. We will make readily available to customers information about our policies and practices relating to the management of personal information.
  8. Anonymity is not a guarantee, there is no guarantee your images will not be shared by other users as a member of Better on other platforms.

12. YOUR RESPONSIBILITIES

  1. You are responsible for all activity occurring under your user accounts and shall abide by all applicable local, provincial, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify LDRS immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to LDRS immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you or your Users; and (iii) not impersonate another Better user or provide false identity information to gain access to or use the Service.
  2. You cannot post private or confidential information or do anything that violates someone else’s rights, including intellectual property.
  3. You are 13 years of age or older
  4. You will provide genuine and truthful information about yourself
  5. That you will be careful when sharing your personal information such as your phone number, real name, place of residence, etc. That if you share your personal information, you will be completely liable for the consequences arising out of such
  6. That you will not misuse, divulge or disclose the information shared with you or make someone else’s recovery journey public or known to any other persons or third party beyond yourself as the immediate user

A)   Safety Net – Your Responsibilities (Person Who is Using Drugs)

  1. You agree that you will only add a Safety Net Contact that is in your local calling area
  2. You understand the emergency services can only be called by people in your calling area, therefore when adding a safety net contact to your APP, you understand that they must live in your calling area. If they do not then they will not be able to connect with emergency services. Do Not Add Them as a Safety Net Contact
  3. Safety Net is a feature for peer-to-peer support when you are using drugs alone or with other people.  Your peer support will contact emergency services if you do not respond to the alarm that indicates you are unconscious. 
  4. You are responsible to ensure proper use of the APP, and to respond to the system alarm in a timely manner, ensure your phone is charged and working properly.
  5. You are aware that it is your responsibility to have reliable connection to a communications network.
  6. You understand Better APP, LDRS or its suppliers will NOT contact emergency services for you if you are unconscious and overdose from substance use, you understand, your Safety Net Contact from you local calling area will contact emergency services for you, and provide your location
  7. You agree that the location you enter and provide your Safety Net Contact is valid and current
  8. You acknowledge that you accept the risk of Drug use
  9. You understand Better APP is not a medical device
  10. You understand that drug use has health risks, and Better or LDRS is not suggesting that this is guaranteed safe way to use drugs. Risk of drug use can include overdose and death.
  11. Better APP, Better Website, LDRS, each such party’s parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents will be saved harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) disclaims any responsibility or liability for any loss of life, illness or damages incurred as a result of use of the APP, or your failure to respond to notices in a timely manner, or the failure of your safety net contact in not contacting emergency services in your calling area, or telephone malfunction from your device or your safety net contact device not permitting calls to emergency services in your local calling area
  12. If you do not know whether someone is in your calling area, do not use Safety Net
  13. In certain countries it is illegal to do drugs & penalties for drug use are not the responsibility of Better APP or LDRS. Your use of safety net will not be shared with any third party or authorities; however, your use of Better APP is your responsibility, and if your use of safety net results in criminal punishment for drug use, LDRS or Better APP are not responsible.
  14. You will not add a safety net contact who does not agree with this or the above statements
  15. You agree that you understand the terms and use of using Safety Net. If you do not agree with these terms, then do not use the safety net feature.
  16. You will not hold Better APP, Better Website, LDRS and/or any of its employees or partners or suppliers liable in any way due to any consequences arising out of a user and their safety net contact and other features of the APP.

B)   Safety Net Peer Support (Person Who Is on Alert for Potential Overdose)

  1. You agree that you will only accept to be a Safety Net Contact for Better APP users that are in your local calling area
  2. You understand the emergency services can only be called by people in a users calling area, therefore accepting to be a safety net contact to someone that is not in your calling area may result in death or other harms. You understand that you must live in a users local calling area and that you understand reading a map that shows locations in your text message.
  3. Safety Net is a feature that allows for peer-to-peer support when a Better APP user is using drugs alone or with other people.  As an added Safety Net contact, you agree to be on alert, for 10 minutes, after accepting your invitation to provide a peer support response to a suspected overdose and will contact emergency services if you receive an alert. You are then responsible to call emergency services. 
  4. You are to ensure proper use of the APP, respond to the system alarm, have a working device to call emergency services and remember the location you were messaged of the potential emergency
  5. You are aware that it is your responsibility to have reliable connection to a communications network.
  6. You understand that Better APP, LDRS, or its suppliers will NOT contact emergency services for you
  7. Better APP is not a medical device
  8. You understand that drug use has health risks, and Better or LDRS is not suggesting that this is guaranteed safe way to use drugs. Risk of drug use can include overdose and death.
  9. If you do not know whether someone is in your calling area, do not use Safety Net
  10. Better APP, Better Website, LDRS, each such party’s parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents will be saved harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) disclaims any responsibility or liability for any loss of life, illness or damages incurred as a result of use of the APP, or your failure to respond to notices in a timely manner, or the failure of you contacting emergency services, or the person using substances misuses the APP features, or they are not in your calling area, or telephone malfunction from your device not permitting calls to emergency services in your local calling area
  11. In certain countries it is illegal to do drugs, penalties for drug use are not the responsibility of Better APP, LDRS, your support of someone using safety net will not be shared with any third party or authorities, however your use of Better APP are your responsibility, and if your use of safety net results in criminal punishment for drug use, or supporting someone who is using substances, LDRS or Better APP are not responsible.
  12. You agree that you understand the terms and use of using Safety Net, if you do not agree with these terms, do not use the safety net feature.
  13. You will not hold Better APP, Better Website, LDRS and any of its employees or partners or suppliers liable in any way due to any consequences arising out of a user and their safety net contact and other features of the APP.

13. ACCOUNT INFORMATION AND DATA

  1. LDRS does not own any data, information, or material that you submit to the Better APP in the course of using the Better APP (“Client Data”).
  2. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all of your own Client Data, and LDRS shall not be responsible or liable for the deletion, correction, destruction, damage, user permissions, loss or failure to store any Client Data.  LDRS reserves the right to withhold, remove and/or discard you account file without notice.
  3. LDRS retains the exclusive right to collect, store, archive and share anonymized user data for research purposes.
  4. LDRS may also use your material for marketing material to promote Better APP and Better Website

14. INTELLECTUAL PROPERTY OWNERSHIP

  1. LDRS alone shall own all right, title and interest, including all related Intellectual Property Rights, in and to the Better APP and Website Technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to our service, the Better APP Technology or the Intellectual Property Rights owned by LDRS (and its licensors, where applicable). Better, Better APP, Better name, logo, and other names associated with the Service are trademarks of LDRS and no right or license is granted to use them
  2. LDRS does not claim ownership of your content, but users grant us a license to use it in our sole discretion and as we see fit
  3. Permission to use your username, profile picture, and information about your relationships and actions with accounts, ads, and sponsored content. You give us permission to show your username, profile picture, and information about your actions (such as likes) or relationships (such as follows) next to or in connection with accounts, ads, offers, and other sponsored content that you follow or engage with that are displayed on Better APP website, APP and social media accounts, without any compensation to you in our sole discretion and as we see fit

15. REPRESENTATIONS AND WARRANTIES

  1. Each party represents and warrants that it has the legal power and authority to enter into this Agreement. LDRS represents and warrants that it will provide Better APP and Website Service in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Service will perform substantially in accordance with normal use and circumstances. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to Better APP.

16. MUTUAL INDEMNIFICATION  

  1. You shall indemnify and hold LDRS, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) a claim alleging that use of the user data infringes the rights of, or has caused harm to, a third party; (ii) a claim, which if true, would constitute a violation by you of your representations and warranties; or (iii) a claim arising from the breach by you or your Users of this Agreement, provided in any such case that LDRS (a) gives written notice of the claim promptly to you; (b) gives you sole control of the defense and settlement of the claim (provided that you may not settle or defend any claim unless you unconditionally release LDRS of all liability and such settlement does not affect LDRS’s business or Service); (c) provides to you all available information and assistance; and (d) has not compromised or settled such claim.
  2. LDRS shall have no indemnification obligation, and you shall indemnify Better pursuant to this Agreement, for claims arising from any infringement arising from the combination of the Service with any of your products, service, hardware, or business process(s)

17. ADDITIONAL RIGHTS

  1. Certain provinces, countries and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.

18. SAFETY, YOUR INTERACTIONS WITH OTHER MEMBERS ON BETTER APP

  1. You agree to use caution in all interactions with other members via meetings, feeds, messaging, you agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other members.
  2. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT BETTER DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS MEMBERS. BETTER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS.
  3. Motivational Speaker Tapes are not medical advice, for medical support, Better APP members should consult a medical professional for their physical or mental health concerns
  4. Personal Growth exercises found in the APP such as the recovery capital assessment, journals, step work, are not to be used as medical advice, are not a tool to diagnose addiction or recovery outcomes. 
  5. Links to Third Party Websites are for your convenience, not as an endorsement

19. NOTICE

  1. LDRS may revise or update these terms at its sole discretion.
  2. LDRS reserves the right to make changes with Better APP at anytime without notice.
  3. LDRS may give notice by means of a general notice on the Better APP service, electronic mail to your e-mail address on record in Better APP account information
  4. Communications to Better APP, postage prepaid mail to

Last Door Recovery Society

Attention of: Better APP Administrator

323 8th Street New Westminster BC

V3M 3R3