Terms of use
Introduction
These Terms of Use (the “Terms”) govern access to and use of the services made available by MoCA Test Inc., operating as MoCA Cognition (“MoCA Cognition,” “we,” “us,” or “our”).
By accessing or using the Services, you agree to these Terms. If you use the Services on behalf of an organization, you represent that you are authorized to bind that organization to these Terms.
1. Scope
These Terms apply to:
- the MoCA Cognition website at mocacognition.com (the “Website”);
- the Montreal Cognitive Assessment (“MoCA”);
- the MoCA Duo application (“Duo”);
- MoCA Training and Certification;
- XpressO XR;
- the MoCA Data Platform; and
- other professional digital cognitive assessment services made available by MoCA Cognition from time to time,
collectively, the “Services.”
Consumer-facing XpressO and CHAI services available through portal.mocacognition.com (including through mocaxpresso.com) are governed by separate terms.
Certain Services are also subject to a separate license, research, clinical trial or other written agreement with MoCA Cognition. In the event of a conflict, Section 17 applies.
2. Eligibility
The Services are intended for healthcare professionals, academics, researchers and other individuals authorized by MoCA Cognition to access the applicable Service (each, an “Authorized User”).
By accessing a restricted Service, you represent that you satisfy the applicable professional, academic, research or organizational requirements.
3. Accounts and Access
Certain Services require registration or credentials issued by MoCA Cognition.
You agree to provide accurate and current information, maintain the confidentiality of your credentials and promptly notify MoCA Cognition of suspected unauthorized access.
MoCA Cognition may suspend or restrict access where reasonably necessary to protect the Services, assessment integrity, security or intellectual property, or to address a breach of these Terms or an applicable agreement.
Personal information associated with your account is handled in accordance with our Privacy Policy.
4. The Montreal Cognitive Assessment (MoCA)
The Montreal Cognitive Assessment (MoCA) is a standardized cognitive assessment designed to assess performance across multiple cognitive domains and includes its associated instructions for administration and scoring.
The MoCA is proprietary to MoCA Cognition. It must be administered, scored and interpreted in accordance with applicable MoCA requirements and may not be reproduced, modified, adapted or distributed except as expressly authorized.
The MoCA does not, on its own, establish a diagnosis. Clinical interpretation remains the responsibility of an appropriately qualified healthcare professional.
5. Training and Certification
MoCA Cognition provides Training and Certification to support standardized administration, scoring and interpretation of the MoCA.
Training and Certification is optional for healthcare professionals using the paper-based MoCA solely for screening, triage or referral purposes, where interpretation is based only on the total score (for example, determining whether a patient falls above or below an applicable screening cut-off).
Training and Certification remains required where the paper-based MoCA is used to interpret individual tasks, sub-scores or cognitive domain-specific impairments, except where Training and Certification is not yet available in the applicable language.
MoCA Cognition recommends renewal of certification every two years.
Training and Certification may be provided without charge to eligible full-time students, faculty members, employees of publicly operated institutions and qualifying academic researchers, subject to MoCA Cognition’s eligibility requirements and verification.
Privately operated organizations, including non-profit organizations, do not qualify as publicly operated institutions for this purpose.
5.1 Fees and Payment
Certain Training and Certification may be purchased through the Website, including at mocacognition.com/get-certified. Applicable fees are as posted on the Website at the time of purchase and are subject to change without notice as to future purchases.
Payments are processed by a third-party payment processor. MoCA Cognition does not collect, process, or store payment card information; such information is submitted directly to, and handled by, the applicable payment processor in accordance with its own applicable terms and privacy practices.
Payment confirmation may take up to one (1) business day to process. Access to purchased Training and Certification is provided following confirmation of payment.
6. MoCA Duo
Duo enables digital administration and automated scoring of the MoCA.
Duo is intended to operate using unique identifiers, such as participant IDs, rather than directly identifying patient or participant information.
The individual completing the assessment receives instructions through Duo and completes the assessment as directed. Duo records assessment responses and related assessment data and generates an automated MoCA score and related assessment information.
The healthcare professional responsible for the assessment remains responsible for reviewing and interpreting the results and may adjust the automatically generated score where appropriate. Automated scoring does not replace professional clinical judgment.
6.1 Retirement of Duo
MoCA Cognition will discontinue Duo effective December 1, 2026.
Registered users will receive advance notice and instructions regarding the export of available reports and data. Users are responsible for exporting information they wish or are required to retain before discontinuation.
Duo is not intended to serve as a permanent clinical record or records-management system.
7. XpressO XR
XpressO XR is the professional and research version of XpressO made available by MoCA Cognition to healthcare providers, researchers and other approved organizations.
Access to XpressO XR requires a separate agreement with MoCA Cognition and is not available through self-service registration.
XpressO XR is intended to operate using unique identifiers, including Study IDs and Participant IDs, rather than directly identifying patient or participant information.
XpressO XR generates information relating to cognitive performance for use within the scope of the applicable agreement. Results may be displayed following completion and, depending on the implementation, made available through the Data Platform.
XpressO XR does not independently establish a diagnosis or identify a specific disease or condition. Clinical interpretation and decisions remain the responsibility of appropriately qualified healthcare professionals.
8. Data and Privacy
Duo and XpressO XR are designed to operate without directly identifying patient or participant information.
MoCA Cognition does not require or accept directly identifying Protected Health Information (“PHI”) through Duo or XpressO XR. You must not enter, upload or otherwise submit directly identifying PHI into these Services, including through fields intended for Study IDs, Participant IDs or other unique identifiers.
Organizations are responsible for ensuring that identifiers used with the Services do not themselves contain directly identifying information.
Where an organization maintains a mapping between an identifier used within the Services and the identity of a patient or participant, that mapping must be maintained separately from the Services and remains under the organization’s control and responsibility.
Each party is responsible for compliance with the privacy, data protection, research and health information requirements applicable to it.
Additional information regarding MoCA Cognition’s processing of personal information is set out in our Privacy Policy and, where applicable, the relevant written agreement.
9. MoCA Data Platform
The MoCA Data Platform enables authorized organizations to access and review results generated through certain MoCA Cognition digital products.
Depending on the applicable implementation, authorized users may review assessment results, access longitudinal results, export data and receive agreed data outputs or reports through secure technical integrations.
Access is limited to authorized users of participating organizations and may be subject to additional terms in the applicable agreement with MoCA Cognition.
10. Licensing
10.1 Standard Healthcare
Subject to these Terms and applicable Training and Certification requirements, Authorized Users may use the MoCA without a separate commercial license in the ordinary course of professional healthcare practice, where the MoCA is made available to the patient without a separate charge other than reasonable fees associated with the healthcare service (“Standard Healthcare”).
This permission is limited, non-exclusive, non-transferable and revocable and does not transfer ownership of the MoCA or any related intellectual property.
Uses outside Standard Healthcare are subject to Section 10.2.
10.2 Uses Requiring Separate Authorization
Separate written authorization or a license from MoCA Cognition is required for uses outside Standard Healthcare, including:
- clinical trials and sponsored research;
- commercial research or screening programs;
- reproduction or distribution of the MoCA;
- incorporation of the MoCA into another product or service;
- translations or adaptations; and
- other commercial uses of the MoCA or MoCA-derived materials.
Qualifying non-commercial academic research may be licensed without charge, but prior written authorization remains required.
Where commercial entities participate in the sponsorship, protocol, design or execution of a study, commercial licensing requirements may apply.
10.3 XpressO XR
XpressO XR may only be used pursuant to a separate agreement with MoCA Cognition and within the scope specified in that agreement.
Use outside the agreed scope requires prior authorization and may require an amendment or additional license.
10.4 Unauthorized or Out-of-Scope Use
MoCA Cognition may review use of the Services and its intellectual property for compliance with these Terms and applicable licenses.
Where use requiring authorization has occurred without an appropriate license, MoCA Cognition may require cessation of the use and regularization of past and future use, including payment of applicable licensing fees.
Nothing in these Terms limits any other rights or remedies available to MoCA Cognition.
Licensing inquiries may be directed to [email protected].
11. Translations and Adaptations
The MoCA may not be translated, adapted or modified without MoCA Cognition’s prior written authorization.
Approved translations and adaptations must comply with MoCA Cognition’s applicable requirements. All intellectual property rights in authorized translations and adaptations belong to MoCA Cognition, and appropriate assignments or waivers may be required.
Localization of Duo, XpressO XR and other digital products is managed by MoCA Cognition. Users may not independently modify assessment content, scoring methodologies or underlying functionality.
12. Digital Products
12.1 Updates and Changes
MoCA Cognition may update, enhance, modify or replace its digital products from time to time, including for technical, security, clinical, regulatory or operational reasons.
Continued use may require installation of an update or transition to a supported version.
Unless otherwise provided in an applicable agreement, access rights granted for a digital product extend to updates and successor versions made available by MoCA Cognition within substantially the same licensed use. Materially different products, functionality or uses may be subject to additional terms or licensing requirements.
12.2 Availability and Software Performance
Duo and XpressO XR are provided on an “AS IS” and “AS AVAILABLE” basis. Software and digital services may contain errors, defects, bugs or other technical issues and may experience interruptions, delays or periods of unavailability.
MoCA Cognition does not warrant that Duo or XpressO XR will be uninterrupted, continuously available, error-free or free from defects, or that any defect will be corrected.
Availability and performance may be affected by maintenance, updates, user devices, operating systems, internet or telecommunications services, third-party software, app stores, hosting infrastructure and other circumstances within or outside MoCA Cognition’s control.
MoCA Cognition may suspend, restrict or modify access for maintenance, security, technical, regulatory or operational reasons.
Users are responsible for maintaining appropriate clinical, research or operational procedures in the event that a digital product is unavailable or does not operate as expected.
13. Acceptable Use
You must not:
- use the Services outside the scope authorized by these Terms or an applicable agreement;
- reproduce, distribute, sublicense, sell or commercially exploit the Services except as authorized;
- modify, reverse engineer, decompile or create unauthorized derivative works from the Services;
- alter assessment content, scoring methodologies or standardized administration procedures;
- provide restricted assessment materials or Services to unauthorized persons;
- circumvent security, authentication, licensing or access controls;
- interfere with the security or operation of the Services;
- submit information that a Service is not designed or authorized to receive;
- compromise the integrity or validity of an assessment; or
- use the Services in violation of applicable law or professional obligations.
MoCA Cognition may suspend or terminate access in response to unauthorized use, security concerns or material non-compliance.
14. Intellectual Property
The Services and associated intellectual property are owned by or licensed to MoCA Cognition and are protected by applicable intellectual property laws.
This includes the MoCA and its content, instructions, tasks, structure and presentation; administration and scoring materials; Training and Certification materials; translations and adaptations; Duo; XpressO and XpressO XR; the MoCA Data Platform; and associated software, algorithms, scoring methodologies, interfaces, documentation, trademarks and branding.
Except for rights expressly granted under these Terms or a separate written agreement, no right, title or interest in the Services or MoCA Cognition intellectual property is transferred to you.
15. Professional Responsibility
The Services are intended to support qualified professionals and authorized research activities.
The Services, including the paper-based MoCA, Duo, and XpressO XR, do not, on their own, establish a diagnosis or identify a specific disease or condition. A diagnosis requires comprehensive clinical assessment by an appropriately qualified healthcare professional, and assessment outputs are not a substitute for professional clinical judgment.
Healthcare professionals remain responsible for the use and interpretation of assessment results in accordance with applicable professional standards. Researchers remain responsible for use of the Services in accordance with their applicable protocol, approvals and research obligations.
16. Disclaimer and Limitation of Liability
Except as expressly provided in a separate written agreement and to the maximum extent permitted by applicable law, the Services are provided “AS IS” and “AS AVAILABLE,” without warranties or conditions of any kind, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose and non-infringement.
Without limiting Section 12.2, MoCA Cognition does not warrant the availability, accuracy, completeness, reliability or uninterrupted operation of the Services.
To the maximum extent permitted by applicable law, MoCA Cognition and its affiliates, directors, officers, employees, agents, contractors, licensors and service providers will not be liable for indirect, incidental, special, consequential, exemplary or punitive damages arising from or relating to the Services.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.
17. Separate Agreements and Order of Precedence
These Terms govern use of the Services generally.
Where you or your organization has entered into a separate written agreement with MoCA Cognition governing a particular Service or use, that agreement will prevail over these Terms to the extent of any conflict. These Terms continue to apply to matters not addressed by that agreement.
18. Indemnification
To the extent permitted by applicable law, you agree to indemnify and hold harmless MoCA Cognition and its affiliates, directors, officers, employees and agents from third-party claims, losses, liabilities and reasonable costs arising from your material breach of these Terms, unauthorized use of the Services or violation of applicable law.
19. Suspension and Termination
MoCA Cognition may suspend or terminate access where reasonably necessary due to a breach of these Terms or an applicable agreement, unauthorized use, non-payment, security or assessment integrity concerns, legal or regulatory requirements, or discontinuation of the applicable Service.
20. Changes
MoCA Cognition may update the Services and these Terms from time to time, including to reflect product developments and changes in legal, regulatory, security or operational requirements.
The effective date above identifies the most recent revision. Where required by applicable law, MoCA Cognition will provide notice of material changes.
Continued use following the effective date of updated Terms constitutes acceptance of those Terms.
21. General
21.1 Governing Law
These Terms are governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein.
Proceedings arising from these Terms or the Services will be brought before a court of competent jurisdiction in Quebec, except where applicable law requires otherwise.
21.2 Relationship
Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between the parties.
21.3 Assignment
You may not assign these Terms without MoCA Cognition’s prior written consent. MoCA Cognition may assign these Terms in connection with a corporate reorganization, merger, acquisition or sale of all or substantially all of the relevant business or assets.
21.4 Force Majeure
MoCA Cognition is not responsible for delay or failure caused by circumstances beyond its reasonable control.
21.5 Severability
If any provision is invalid or unenforceable, the remaining provisions remain in effect.
21.6 Waiver
Failure or delay in exercising a right does not constitute a waiver.
21.7 Compliance with Laws
Each party is responsible for compliance with the laws and regulatory requirements applicable to it in connection with the Services.
21.8 Notices
MoCA Cognition may provide notices through the Website, within a Service or by email to the address associated with your account.
21.9 Entire Agreement
These Terms, the Privacy Policy and any applicable separate written agreement constitute the agreement governing your use of the applicable Services.
21.10 Survival
Provisions that by their nature should survive termination will survive, including provisions concerning licensing, intellectual property, disclaimers, limitation of liability, indemnification and governing law.
22. Contact
MoCA Cognition
4896 Taschereau Blvd., Suite 230
Greenfield Park, Quebec J4V 2J2
Canada
Support: [email protected]
Licensing: [email protected]
Updated: August 27, 2026