Terms of Use

POP v1.0.X
 
ABOUT US

Power Over Pain (POP) is a collaboration between The Hospital for Sick Children (SickKids) and University Health Network (UHN)

SickKids, affiliated with the University of Toronto, is Canada’s most research-intensive hospital and the largest centre dedicated to improving children’s health in the country. As innovators in child health, SickKids improves the health of children by integrating care, research and teaching. With a staff that includes professionals from all disciplines of healthcare and research, SickKids provides the best in complex and specialized care by creating scientific and clinical advancements, sharing knowledge and expertise and championing the development of an accessible, comprehensive and sustainable child health system.

University Health Network (UHN) is Canada’s leading research academic hospital. Building on the strengths and reputation of each of its programs, UHN brings together the talent and resources needed to achieve global impact and provide exemplary patient care, research and education.

To learn more visit:
- sickkids.ca
- centrefordigitaltherapeutics.ca
- uhn.ca
 
REGULATORY

POP is considered not a medical device and regulatory licensing is not required. It will be distributed in Canada.
 
TERMS AND CONDITIONS

 A. COPYRIGHT

Power Over Pain © 2023 Hospital for Sick Children & University Health Network.
Developed by the University Health Network (Centre for Digital Therapeutics) in collaboration with the Hospital for Sick Children.

All rights reserved.

All information in this website (the ‘Portal’) is protected by copyright in Canada and internationally. The Portal, including all images (resource images excluded), photographs, animations, text and other audiovisual materials, and any and all patents, copyrights, moral rights, trademarks, trade secrets and any other form of intellectual property rights recognized in any jurisdiction, including applications and registrations for any of the foregoing embodied therein are owned by The Hospital for Sick Children (“SickKids”) and University Health Network (“UHN”) or its licensors. The intellectual property rights and ownership of the third-party resources embedded within the Portal remain with the original source.  No information can be reproduced or distributed without the prior and express permission of SickKids and UHN.

For information, questions, or complaints, please write to:

iOuch Lab
Peter Gilgan Centre for Research and Learning
The Hospital for Sick Children
686 Bay Street - 6th Floor
Toronto, Ontario, M5G 0A4
Telephone: 416-813-7654 x304514

University Health Network
Centre for Digital Therapeutics 
Toronto General Hospital
200 Elizabeth Street
Toronto, ON, M5G 2C4
Telephone: 416-340-4800 x4765
Email: popsupport@cdtx.ca 

 
B. END USER LICENSE AGREEMENT
Please read the following End User License Agreement (“EULA”), including all disclaimers and terms and conditions of use below, carefully before using the Portal. By using or accessing this Portal, you acknowledge that you have read, understood and accepted the disclaimers and terms and conditions of use contained in this EULA. If you do not accept any of these disclaimers or terms and conditions, you must not use the Portal.

Information in this Portal was been developed by SickKids and UHN. 
1.    DISCLAIMER: THE HOSPITAL FOR SICK CHILDREN AND UNIVERSITY HEALTH NETWORK MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OF THE INFORMATION PROVIDED. THE INFORMATION CONTAINED IN OR PRESENTED FROM THE PORTAL IS EXCLUSIVELY INTENDED FOR SELF MANAGEMENT PURPOSES AND COMES WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. ANY IMPLIED WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR OTHERWISE IN RESPECT OF THE PORTAL AND/OR ANY MAINTENANCE OR SUPPORT FOR THE PORTAL IS EXPRESSLY DISCLAIMED.  APPLICATION OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, INCLUDING ANY DOMESTIC LEGISLATION IMPLEMENTING SAME, IS EXPRESSLY DISCLAIMED.

 
2.    Disclaimer. Under no circumstance shall SickKids and/or UHN (including any staff or contractors) be held liable for consequences caused by or deriving from the use of the Portal or any information contained in the Portal.  SickKids and/or UHN are not liable for damages arising from use of the Portal, including any that may arise from any defects or viruses (or similarly disruptive elements) caused from downloading or using the Portal, or from websites (via hyperlinks) to which references are made in the Portal, nor from information provided in the Portal or these referred websites.  In no event shall SickKids or UHN be liable for direct, indirect, consequential, special, exemplary, or other damages related to your use of the Portal (including any loss of data), regardless of how arising or the theory of liability whether arising in contract, tort, negligence or otherwise. Computer devices may malfunction from time to time and any unsaved data may be lost.  

3.    Governing Law and Jurisdiction. This EULA shall be interpreted under, and any action or claim arising from or related to the Portal shall be brought in the courts of, and governed exclusively by, the laws of Ontario, Canada and the applicable laws of Canada applicable therein, without regard to its conflicts of laws principles.  Unless prohibited by applicable law, you expressly waive the right to participate in a class action proceeding.

4.    Changes and Updates. SickKids and UHN reserve the right to update or change information contained in the Portal without prior notice or prior acceptance. 

5.    Purpose of Portal. The Portal is a virtual platform, co-designed by a diverse group of Canadian youth with chronic pain (CP) during the COVID-19 pandemic. The goal of this project is to enable youth living with chronic pain access to virtual resources through a Stepped Care approach. The Stepped Care model is a resiliency-based approach that favors providing rapid access to the least intensive intervention that is tailored to the person's needs, preferences, and readiness to engage in behavioral change. The intended solution is to create a portal where youth living with pain can access key interventions and resources that are most appropriate for them. The three main components of this Portal include [1] capturing of demographic and chronic pain information via self-report from users, [2] the completion of self-assessments using validated and reliable PROMIS Pediatric Pain Profile, and [3] providing evidence-based virtual care interventions for pediatric chronic pain as personalized resource. The Portal is not a medical device. Nothing contained in the Portal should be construed, directly or indirectly, as the practice of medicine or providing medical advice or medical services by SickKids or UHN. The Portal is not intended to diagnose, cure, mitigate, treat, or prevent disease or other conditions.

6.    Not Medical Advice. The Portal is not a substitute for professional medical advice, diagnosis or treatment. Never make changes to your medication, nor adjust your dose, without first consulting your health care provider. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition, and before starting, stopping or modifying any treatment or medication. Never delay obtaining medical advice or disregard medical advice because of something you have or have not read on the Portal. If you have, or suspect you have, a health problem, or if you experience an adverse side effect, please consult your doctor. If you have, or suspect you are experiencing a health emergency, please call 911 and/or promptly visit a Hospital Emergency Department in your area. 

7.    No Regulatory Approval. The Portal has not been evaluated by Health Canada, the United States Food and Drug Administration (“USFDA”) or any other domestic or foreign regulatory agency and is not approved to diagnose, treat, cure or prevent any disease or for the prescription of any medication or treatment.  While the information contained may be of use in other jurisdictions, these materials were provided and designed for use in Canada and you are solely responsible for ensuring suitability and permitted use in other jurisdictions. 

8.    Contact Information. If you have any questions about this EULA or any of its disclaimers, terms or conditions of use or general questions, please contact us using the contact information set out above.

9.    Express Consent to Receiving Electronic Messages and Upgrades from SickKids and UHN. By using the Portal, you hereby expressly consent to receiving electronic messages from SickKids and UHN, including alerts and reminders, information, notifications, requests for your feedback, and other communications from SickKids and UHN and as well as any applicable software updates or upgrades.
 
C. COLLECTION OF DATA
1.    Transmission of non-identifying data. The Portal collects non-identifiable personal data (which is transmitted back to SickKids and/or UHN) through the Portal regarding the use of the Portal in order to better understand use of the Portal and to help SickKids and/or UHN identify areas for improvement. If you do not consent to the transmission of this data, then you must not use the Portal.

2.    Transmission and Storage of Identifying Data and PHI. The Portal also collects the user’s personal information and/or personal health information (“PHI”) including name (first name or pseudonym), province or territory (optional), email address, year and month of birth (optional), cell phone number (optional), and self-reported symptoms. This information is stored on the Portal and also transferred to the POP server. Information stored on the POP Server is accessible by authorized administrators at these sites. More information can be found in the POP Privacy Policy, which is accessible below.

3.    DISCLAIMER. THE PORTAL TRANSMITS YOUR PERSONAL INFORMATION AND PERSONAL HEALTH INFORMATION OVER THE INTERNET. INFORMATION TRANSMITTED OVER THE INTERNET MAY BE AT RISK OF INADVERTENT LOSS OR THEFT. SICKKIDS AND UHN CANNOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE PORTAL. BY USING THE PORTAL, YOU AGREE THAT YOUR ACCESS AND USE OF THE PORTAL AND THE CONTENT, INCLUDING BUT NOT LIMITED TO PERSONAL INFORMATION AND PERSONAL HEALTH INFORMATION, IS ENTIRELY AT YOUR OWN RISK AND LIABILITY.
 
D. LIMITED LICENSE.

Through your website access, provided that you comply with the terms of this EULA, you are acquiring, and UHN grants you a personal, limited, non-exclusive and non-transferable license to use the Portal on your device for personal, non-commercial use and subject to any usage rules set forth by the distributor. This EULA does not entitle you to receive from UHN hard-copy documentation, support, telephone assistance or enhancements or updates to the Portal.
 
E. OPEN SOURCE LIBRARIES
Portions of this application were derived from various Open Source libraries and are used under the following terms:
Third-Party Libraries used:

• Axios. Under the MIT License

• Immer.  Under the MIT License

• Jest-canvas-mock. Under the MIT License

• Material-UI. Under the MIT License

• Prop-types. Under the MIT License

• Web-vitals. Under the Apache Software License 2.0.

• Moment. Under the MIT License

• React. Under the MIT License

• React-dom. Under the MIT License

• React-redux. Under the MIT License

• React-router-dom. Under the MIT License

• React-scripts. Under the MIT License

• Redux. Under the MIT License

• Redux-devtools-extension. Under the MIT License

• Redux-saga. Under the MIT License

• Reselect. Under the MIT License

• Eslint-config-airbnb. Under the MIT License

• Eslint-plugin-import. Under the MIT License

• Eslint-plugin-jsx-ally. Under the MIT License

• Eslint-plugin-react. Under the MIT License

• Eslint-plugin-react-hookst. Under the MIT License

• Jest-JUnit. Under the Apache Software License 2.0.

• D3-tiem-format. Under the ISC License

• React-intl. Under the BSD-3-Clause License

The types of licenses include:

Apache License 2.0
Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at
http://www.apache.org/licenses/LICENSE-2.0
Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.
BSD 2-Clause License
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1.    Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
See https://opensource.org/licenses/BSD-2-Clause

BSD 3-Clause License
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1.    Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

3. Neither the name of the copyright holder nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
See https://opensource.org/licenses/BSD-3-Clause

MIT License
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
See https://opensource.org/licenses/MIT

ISC License
Permission to use, copy, modify, and/or distribute this software for any purpose with or without fee is hereby granted, provided that the above copyright notice and this permission notice appear in all copies.
THE SOFTWARE IS PROVIDED "AS IS" AND THE AUTHOR DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.
See https://opensource.org/licenses/ISC

Eclipse Public License - 1.0
Permission is hereby granted to a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, distribute and sublicense the Software as licensed under the Eclipse Public License Agreement.
 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 

See https://www.eclipse.org/legal/epl-v10.html

GNU LESSER GENERAL PUBLIC LICENSE Version 2.1

This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; either version 2 of the License, or (at your option) any later version. 
This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details. 

See https://www.gnu.org/licenses/old-licenses/lgpl-2.1.txt