NirvSystem

OVERVIEW

NirvSystem is a cloud-based onboarding and credentialing management solution. This NirvSystem Terms and Conditions of User (“Terms”):

Outline your legal rights when using NirvSystem
Explain the rights you give us when using NirvSystem
Describes the rules to be followed when using NirvSystem

You must read the Terms and any other Terms referenced in this document thoroughly and understand the clauses before using the Service.

INTRODUCTION

NirvSystem (“we”, “our”, “us”) provides an organizational platform to register Users (including but not limited to staff, trainees, interns, students, volunteers, vendors) that interact with any component or persons as an agent of your organization, in compliance with organizational policies and procedures, regulatory, or professional bodies, as well as local, provincial/state, and federal laws (“the Service”). NirvSystem also provides technical, business, and implementation support to you and your organization on an ongoing basis of which the terms and conditions are outlined in the contract with your organization. By registering and using the Service, including all associated functions, features, websites, interfaces, and applications (“the Content”), you agree to and are entering into a binding contract with us.

Your agreement with us includes these Terms and any additional terms that you agree to, other than terms with any third-party which may supersede these terms (“the Agreements”). This Agreement includes terms regarding future changes to the Agreements, Limitations of Liability, Privacy, and Waiver of Class Actions. You acknowledge that you have read and understand the Agreement, accept the Agreements, and agree to be bound by them. If you do not agree or cannot comply with the Agreements, you may not use the Service or access any content therein. You also promise that any information provided and submitted to NirvSystem is true, accurate, and complete, and accept any professional, legal, or regulatory consequences if found to be erroneous.

Agreement

Other than as stated in this section or as explicitly agreed upon in writing between you and NirvSystem, the Agreements constitute all the terms and conditions agreed upon between you and NirvSystem and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.

Changes to the Agreement

We reserve the right to occasionally make changes to the Agreement for any reason, such as adding, modifying, or removing existing Contents as part of the Service, implementing advancements in science and technology, and reasonable technical adjustments to the Service, ensuring the operational ability or security of the Service, and for legal or regulatory reason. When making material changes to the Agreement, you will be provided a notice as appropriate under the circumstances. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure to read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreement, you may terminate your account by contacting us.

Users

As an cloud-based application, NirvSystem can be accessed worldwide through any internet connection by any authorized Users. However, the NirvSystem service is restricted to legitimate Users as identified by your organization. This includes

End-User: any individual to be registered via NirvSystem in compliance with organizational policies and procedures
Administrative User: any individual authorized to add, modify, delete, track, report, and/or view End-User information via NirvSystem in compliance with organizational policies and procedures.

Services Rendered

Ownership

NirvSystem and the Contents are property of NirvSystem and NirvSystem's licensors. We grant you limited, non-exclusive, revocable permission to make use of the NirvSystem service, and limited, non-exclusive, revocable permission to make non-commercial use of the Contents (collectively, “Access”). Access shall remain in effect until and unless terminated by you, your organization or NirvSystem. You promise and agree that you are using NirvSystem for your professional and non-commercial use and that you will not redistribute or transfer the NirvSystem service or the Content.

NirvSystem service and the Contents are not sold or transferred to you, and NirvSystem retains ownership of all Contents, regardless of the device used (personal computer or mobile device). All NirvSystem trademarks, service marks, trade names, logos, domain names, any other features are the sole property of NirvSystem or its licensors. The Agreements do not grant you any rights to use any NirvSystem Contents for commercial use or for non-commercial use without notice in writing from NirvSystem.

You agree to abide by our User Guidelines and Responsibilities and to not use the NirvSystem Service, Contents, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in the Agreements, NirvSystem grants no right, title, or interest to you in the NirvSystem Services or Contents.

Limitations

NirvSystem will make every effort to provide uninterrupted access to the Service and operational support, but cannot guarantee that the Service will be available at all times. However, certain technical difficulties , maintenance, testing, or updates required may, from time to time, result in temporary interruptions of service. In most cases, if a NirvSystem service function is unavailable, Users will receive on-screen notification of the temporary unavailability. If you have problems getting connected to NirvSystem, please contact the relevant administrators at your organization.

NirvSystem reserves the right, periodically and/or at any time, to modify, discontinue, temporarily or permanently, functions and features of the NirvSystem Service, with advance notice where possible, all without liability to you, except where prohibited by law, for valid reasons such as in the case of genuine interruption, modification, or discontinuation of the NirvSystem Service or any function or feature thereof, or need to repair, maintain, or improve existing functions or features, or to add new functions or features to the Service, or to implement advancements in science and technology or ensure the operational ability or security of the Service, legal and regulatory reasons.

Third party software (for example, open source software libraries) included in the NirvSystem Service are made available to you under the relevant third party software library's license terms as published online.

Third-Party Applications and Devices

The NirvSystem Service is available through any Web Browser which may be integrate and interact with third-party applications and services (“Third-Party Applications”) and third-party devices that are available to yourself. These Third Party Applications and Devices have their own terms and conditions of use and privacy policies and your use of these Third Party Applications and Devices will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that NirvSystem does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or Device or for any transaction you may enter into with the provider of any such Third Party Applications and Devices, nor does NirvSystem warrant the compatibility or continuing compatibility of the Third Party Applications and Devices with the Service.

User Responsibilities and Guidelines

Responsibilities

As a User, you are responsible for your professional conduct and content when using the Service. You must comply with all of the following requirements when using the Service:

1. You may not purchase, use, or access the Service for the purposes of developing a competitive product or service or for any other competitive purposes.
2. You may not sell, rent, sublicense, or lease any part of NirvSystem or the Contents
3. You may not misuse our Services by interfering with their normal operations, or attempting to access them using a method other than through the interfaces and instructions provided.
4. You may not circumvent or attempt to circumvent any limitations or technologies of NirvSystem.
5. You may not reverse-engineer, decompile, disassemble, modify, or create derivative works of the NirvSystem Service, Contents, or any part thereof except to the extent permitted by law.
6. Unless authorized by NirvSystem in writing, you may not probe, scan, or test the vulnerability of any NirvSystem systems or networks.
7. Unless authorized by NirvSystem in writing, you may not use any documentation (manual, guides, memos) or automated systems or software to extract, “crawl”, or scrape Content, User Content, or data from the websites or interfaces through which we make our Services available.
8. Unless authorized by NirvSystem in writing, you may not use any User Content retrieved from the Service for marketing, sales, or licensing.

Guidelines

As a User, you are responsible for your professional conduct and content when using the Service. You should following the below guidelines when using NirvSystem:

1. Ensure you keep your username and password confidential and secure :
- a. Use a strong password with a combination of letters, numbers, and/or special characters
- b. Do not “Save” or “Remember” your username and/or password on a personal or public computer or device
- c. Manually click the log off after each session
- d. If your username and/or password has been stolen or there has been unauthorized access to your account, notify NirvSystem and your organizational administrators immediately and change your password.
2. Cybersecurity:
- a. Ensure your browser and operating system are up to date. Software updates often contain fixes to make software more secure.
- b. Prevent phishing attempts by reporting them to your institutional IT or IT departments
- c. Make sure you never provide personal information while using public WiFi as the WiFi connection may not be secure
- d. Use Anti-Virus and Anti-Malware programs to help protect your computer, mobile device or tablet.
- e. Install software only from reputable companies and only install mobile applications from your mobile device's or tablet's app store.
- f. Checking your secure site identifiers (padlocks, keys, etc.) each time you access a secure site to ensure all the security features are working for you
3. Communications
- a. NirvSystem sends automated emails as part of the registration process for your organization.
- b. Always check the sender of emails to ensure the email domain belongs to either your organization or NirvSystem (ex. @hospital.com or @nirvsystem.com).
- c. You will never be asked to provide personal, professional, health, or financial information via email as this information is collected entirely within NirvSystem.

You acknowledge and agree that sharing any User Content that violates or NirvSystem reasonably believes violates these Responsibilities and Guidelines will result in immediate termination or suspension of your credentials to the Service.

Client Support

For customer support with account-related and payment-related questions, please contact your organizational administrators for support. Administrators are trained to handle User inquiries and if they cannot be resolved, must submit a ticket to support@nirvsystem.com (“Customer Support Queries”).

We will use reasonable endeavours to respond to all Customer Support Queries within a reasonable time frame but we make no promises that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to answer any such queries.

Entire Agreement

Please note, however, that certain aspects of your use of the NirvSystem Service may be governed by additional agreements. That could include, for example, access to the NirvSystem Service as a result of a gift card, free or discounted Trials, or together with other services. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. Some of those additional terms are listed on NirvSystem's website. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.

Severability, waiver, and interpretation

Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.

Any failure by NirvSystem or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive NirvSystem's or the applicable third party beneficiary's right to do so.

As used in these Terms, the words “include” and “including,” and variations thereof, will be deemed to be followed by the words “without limitation.”

Assignment

NirvSystem may assign the Agreements, and any of its rights under the Agreements, in whole or in part, and NirvSystem may delegate any of its obligations under the Agreements. You may not assign the Agreements, in whole or in part, nor transfer or sub-license your rights under the Agreements, to any third party.

Indemnification

You agree to indemnify and hold NirvSystem harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to:

1. your breach of the Agreements or any one of them;
2. any User Content you post or otherwise contribute;
3. any activity in which you engage on or through the NirvSystem Service; and
4. your violation of any law or the rights of a third party

Contact us

If you have any questions concerning the NirvSystem Service or the Agreements, please contact NirvSystem Support at support@nirvsystem.com

675 Cochrane Drive, East Tower, 6th Floor
Markham, Ontario, L3R 0B8,
Canada

Thank you for reading our Terms.