Terms of Use
Last update: January 16, 2025
1. Introduction and definitions
These terms and conditions (the "Conditions") govern the use of the Amical service (the "Service") provided by 9526-1061 Québec inc. ("Amical"). The Service consists of the subscription-based provision of a phone with an artificial intelligence (AI) companion designed to offer social and cognitive support to elderly individuals. The subscription includes the rental of the Amical phone.
Definitions:
Service: Refers to the phone service with AI companion provided by Amical.
User: Refers to any person who uses the Service.
Establishment: Refers to any organization (residence, care center, or other structure) that has subscribed to the Service for deployment in its premises, whether in common rooms or private rooms. The Establishment acts as an intermediary for managing access and, where applicable, for collecting necessary consents from users.
Content: Refers to all information, data, texts, images, sounds, and other elements generated or accessible via the Service, including recordings and transcriptions of conversations with the AI (only applicable to the private room version).
Amical: Refers to the company 9526-1061 Québec inc.
Acceptance of the Conditions:
By using the Service, the User accepts these Conditions. If the User does not accept the Conditions, they must not use the Service.
2. Description of the service
Overview of Amical
Amical is a phone service with an artificial intelligence (AI) companion designed to provide social and cognitive support to elderly individuals. The AI is capable of holding conversations, answering questions, providing information, and suggesting activities. Amical is available in a wide range of languages, including French and English. An additional charge of $50/month applies for languages other than French and English.
Service Configurations
The Amical Service is available in two distinct configurations:
Common Room Version:
This version is deployed in the common areas of establishments (e.g., lounges, relaxation rooms).
The AI used is general and accessible to anyone picking up the phone.
No collection or personalization of user data is performed in this configuration.
Private Room Version:
This version is installed in the individual rooms of users.
The AI is customized to meet the specific needs of the user, which involves the collection and processing of personal data.
It allows for tailored interactions based on the user’s preferences and history.
Access to the Service
To access the Service, the User or the Establishment must contact Amical to subscribe to a plan. A web platform allowing users to manage their accounts and access additional features will be available soon. The terms of use for this platform will be specified later.
Modifications to the Service
Amical reserves the right to modify or discontinue the Service at any time, with or without notice.
3. User Obligations
Compliance with use:
The User agrees to use the Service in accordance with these Conditions, applicable laws, and good morals.
Prohibitions:
It is prohibited to use the Service:
For illegal or malicious purposes.
To infringe on the privacy of others.
To disseminate defamatory, insulting, obscene, or discriminatory content.
To attempt to access Amical's computer systems without authorization.
To reproduce, distribute, modify, or commercially exploit the Service's Content without Amical's written permission.
To modify, copy, rent, sell, or distribute the Service or any of its components, including software and AI.
To attempt reverse engineering, decompiling, or uncovering the source code or underlying components of the Service, including models, algorithms, or systems.
To automatically or programmatically extract data or Content from the Service.
Account Security:
The User is responsible for the security of their account and credentials. They must inform Amical of any unauthorized use of their account.
4. Intellectual Property
Copyrights:
Amical owns all intellectual property rights related to the Service, including audio recordings, software, databases, content, and trademarks.
License of use:
Amical grants the User a limited, non-exclusive, non-transferable license to use the Service in accordance with these Conditions.
5. Limitation of liability
Exclusion of warranties:
The Service is provided "as is" and without any warranty of any kind. Amical does not guarantee that the Service will be uninterrupted, error-free, or free of viruses.
Limitation of liability:
Amical shall not be liable for any direct or indirect damages resulting from the use of the Service, including loss of data, loss of profits, or business interruption.
Exclusion of medical warranties:
Amical is not a medical device and does not provide medical advice. The User should consult a healthcare professional for any medical concerns. Amical is not responsible for the health effects of the use of its product.
6. Termination
Termination by the user:
The User may terminate the Service at any time by contacting Amical by email at info@amical-ai.com at least one (1) business day before the monthly renewal date. The termination will take effect at the end of the current month.
Termination by Amical:
Amical may terminate the Service at any time in the event of:
Violation of these Conditions by the User.
Non-payment of subscription fees.
Abusive or fraudulent use of the Service.
Consequences of termination:
In case of Service termination, the User must return the Amical phone to Amical. If the phone is not returned after the termination of the subscription, a fee of $100 will be charged to cover the cost of the device.
7. General Provisions
Applicable law:
These Conditions are governed by the law of Quebec.
Competent jurisdiction:
Any dispute relating to these Conditions will be subject to the exclusive jurisdiction of the courts of the judicial district of Quebec.
Modifications to the Conditions:
Amical reserves the right to modify these Conditions at any time. The modifications will be posted on Amical's website and notified to Users by email.
Entire Agreement:
These Conditions constitute the complete agreement between the User and Amical concerning the use of the Service.
8. Vulnerability of users
Informed consent:
1. Common Room Version
In this configuration, the AI is general and does not associate any personal data with users.
Consent is provided globally by the Establishment through a written agreement with Amical, specifying the purposes of use, users' rights, and privacy guarantees.
The Establishment is required to inform users about the availability of the Service in common rooms and the absence of personal data collection.
2. Private Room Version
In this configuration, the AI is customized, involving the collection and processing of personal data (e.g., user preferences and conversation history).
Consent must be obtained individually from the User or, if the User is unable to provide it (due to cognitive issues, for example), from a legal guardian or an authorized family member.
Consent is formalized through a written form provided by Amical or the Establishment. This form must include:
A description of the types of data collected and their purposes.
A mention of the users' rights (access, rectification, deletion).
Contact information for questions or to exercise these rights.
3. General Terms
In both configurations, Amical commits to complying with applicable data protection laws, including Law 25 and PIPEDA.
Any request for withdrawal of consent or deletion of personal data will be honored within 30 days of receiving the request.
Protection of sensitive data:
Conversations with Amical may contain sensitive information. Amical takes specific security measures to protect this data, in accordance with Law 25 on the protection of personal information. For more information, please consult our Privacy Policy.
Responsible use:
Amical is a support tool and not a substitute for medical care or human interaction. The User agrees to use Amical in a responsible and ethical manner.
9. Nature of conversational AI
Limits of AI:
Amical's AI has limitations and cannot replace a healthcare professional or a human being. The User must exercise discretion in interpreting the AI's responses.
Privacy of conversations:
Conversations with Amical may be recorded and anonymized to improve the service. Sensitive data is handled with the utmost confidentiality. For more information, please consult our Privacy Policy.
Evolution of AI:
Amical's AI is constantly evolving. Its performance may vary depending on updates, optimizations, and technical adjustments made by Amical AI. While we continually work to improve the quality of the Service, Amical AI does not guarantee that the AI will always be able to understand or respond correctly to User requests.
To contribute to the continuous improvement of the product and the Service, Amical AI may conduct experiments, such as A/B tests or trials of new features. These tests are conducted to enhance the user experience and AI performance. Experiments are conducted in compliance with applicable privacy laws, without compromising user security or privacy.
The User agrees that the quality and performance of the Service may fluctuate without notice due to these experiments or other necessary technical adjustments for the ongoing development of the product and service.
10. Phone specifics
Installation and maintenance:
The installation and maintenance of the Amical phone depend on the type of agreement made with the Establishment or the User:
Responsibility of the Establishment or User:
In some cases, the installation of the Amical phone may be carried out directly by the Establishment or the User, following the instructions provided by Amical AI.
Amical AI provides a detailed guide and remote technical support to ensure proper installation.
Responsibility of Amical AI:
If stipulated in the agreement, Amical AI may take charge of on-site installation. This option may be subject to additional fees, specified at the time of subscription to the Service.
Maintenance:
Amical AI remains responsible for preventative maintenance of the phone, which includes regular checks of hardware and software updates.
In case of technical problems, the User or Establishment can contact Amical AI by email at info@amical-ai.com.
Broken phone:
During the launch phase, Amical covers the costs of repair or replacement of the phone in case of breakage. This policy may be modified later.
Use of the phone:
The Amical phone is designed to be easy to use. Simply pick up the receiver to interact with the AI and hang up to end the conversation. The User can also receive incoming calls on the Amical phone.
Malfunctions:
In case of malfunction of the phone or AI, the User must contact Amical by email at info@amical-ai.com.
11. Rights and responsibilities of the legal guardian
If the User is unable to give their informed consent, a legal guardian may manage the Amical account on their behalf. The legal guardian has the right to:
Access the User's data, modify it, and delete it.
Manage account settings and AI preferences (e.g., assistant's name, conversation topics).
Terminate the Amical service.
Exercise the User's rights regarding data protection (access, rectification, objection, etc.).
Receive communications from Amical regarding the use of the service.
The legal guardian has the responsibility to:
Ensure that the use of Amical complies with these Conditions.
Protect the User's credentials and the confidentiality of conversations.
Inform Amical of any changes in the User's situation (e.g., change of residence, change in health status).
Ensure that the use of Amical is beneficial for the user and does not harm their health or well-being.
12. Accessibility
These Conditions are written in clear and accessible language. If the User has difficulty understanding certain terms, they may contact Amical for explanations.
13. Updates
Amical reserves the right to modify these Conditions at any time. The modifications will be posted on Amical's website and notified to Users by email.