Terms of use

Introduction

These Terms and Conditions (“Terms”) are a legal agreement between you and MoCA Test Inc. (“MoCA Cognition”, “Company”, “we”, “us”, “our“), and govern your access to and use of the MoCA Cognition website (www.mocacognition.com) (“Website”), the MoCA Duo mobile application (“App”), the Montreal Cognitive Assessment (“MoCA”) available for download on the Website, the digital MoCA available on the App (“Digital MoCA”), and the training and certification program for administering and scoring the MoCA (“Training and Certification”) available on the Website (collectively, the “Services”).

Acceptance of these Terms

These Terms govern your access to and use of the Services. By accessing to and/or using the Services, you agree to comply with and be bound by these Terms. If you do not accept any part of these Terms, you must not use any of the Services.

Your use of the Services is also subject to our Privacy Policy, which governs how we collect, use, and protect your information. By using the Services, you consent to our practices as described in the Privacy Policy. If you disagree with any part of the Privacy Policy, you must not use the Services.

Eligibility

Certain Services are intended solely for healthcare professionals with appropriate qualifications and/or licensure in their jurisdiction, as well as academics, researchers, or other individuals involved in medical research (“Restricted Services”). Such Restricted Services include accessing, downloading, administering, scoring and/or interpreting (“using”) a paper-based MoCA or Digital MoCA, as well as completing Training and Certification. By using any Restricted Service, you represent and warrant that you meet these eligibility requirements.

Account Registration

Certain Services may be accessible without registering an account. However, full access to the Services, including to the Restricted Services, requires an account on the Website.

To register, you must provide accurate and up-to-date information, including your name, email address, profession, affiliated institution, country, and a password (“Registration Information”). All personal information we collect about you in connection with the Services is subject to our Privacy Policy.

You are responsible for maintaining the confidentiality of your account credentials and for any activity conducted through your account. Notify us immediately at [email protected] if you suspect unauthorized access or account misuse.

We reserve the right to disable or terminate your account at our sole discretion for any reason, including any violation of these Terms.

Services

  • MoCA
    • The MoCA is a copyrighted brief screening tool designed to assess mild cognitive impairment. The MoCA assesses different cognitive domains: attention and concentration, executive functions, memory, language, visuoconstructional skills, conceptual thinking, calculations, and orientation.
    • The MoCA is a tool intended for healthcare professionals and other approved users only. Improper use of the MoCA, use outside of MoCA Cognition’s standardized methods of administration of and scoring, unauthorized modifications of the MoCA and general public access of the MoCA may undermine its reliability, effectiveness, and integrity.
    • The MoCA is not intended to diagnose any cognitive disease, nor can it be relied upon entirely to diagnose a person presenting a cognitive concern. Interpretation of the MoCA should only be carried out by healthcare professionals (i) having an expertise in cognition, for example, neurologists, neuropsychologists, occupational therapists, and psychiatrists; (ii) in accordance with practice standards applicable to each healthcare professional, and (iii) in accordance with appropriate Training and Certification, where applicable.
    • The paper-based MoCA is available for download on the Website, and the Digital MoCA is available on the App.
  • Training and Certification
    • Training and certification for administering and scoring the MoCA (“Training and Certification”) are available on the Website.
    • Successful completion ensures consistency and accuracy in administering and scoring the MoCA and is mandatory for administering the paper-based MoCA, unless the Training and Certification are not yet available in the user’s language. In such case, Training and Certification will become mandatory once it becomes available in the user’s language. By not completing the Training and Certification, you acknowledge that you are administering/scoring the MoCA outside MoCA Cognition’s standardized methods.
    • While recommended, Training and Certification are not mandatory for the Digital MoCA due to its automated features.
    • Upon completing the Training and Certification, you will receive a unique MoCA Certification ID and certificate. Your name and Certification ID will be displayed on the downloaded paper-based MoCA and the Digital MoCA.
    • Retaking the Training and Certification every two years is recommended to ensure continued compliance.
    • MoCA Training and Certification is available at no cost for full-time (a) students, faculty members, professors, and academic researchers, and (b) employees of publicly operated healthcare institutions, upon providing acceptable evidence of academic status or affiliation, for example a copy of your schedule or a letter from your employer, or as determined at our sole and entire discretion.
  • Digital MoCA
    • The Digital MoCA, available on the App, includes automated features for standardized administration and scoring. While Training and Certification is not mandatory for the Digital MoCA, it is recommended.
    • Upon downloading the App on your mobile tablet device, you may log into your App account using the same login information as for your Website account. To administer the Digital MoCA to a patient, subject or individual (“Patient”), you must create a profile for each Patient (“Patient Profile”), which requires collecting certain information such as name, date of birth, gender, years of education, spoken language and dialect, and preferred language (“Patient Profile Information”). The App collects MoCA responses, screen and audio recordings, and automatically generates a MoCA score.
    • You acknowledge and agree that you are responsible for obtaining explicit and informed consent from the Patient before creating a Patient Profile and administering a Digital MoCA or that you are authorized to do so under applicable laws.
    • In accordance with our Privacy Policy, before creating a Patient Profile, you agree to (a) clearly inform your Patient about the Patient Profile Information that will be collected, the data that will be collected and generated via the App, including screen and audio recording and “MoCA Data” which include MoCA scores, sub-scores and other metrics such as time to completion (collectively “Patient Data”), the purpose for which the Patient Data will be used and how it will be protected and stored, and (b) obtain their explicit and informed consent to the collection, use, and storage of their Patient Data.
    • Failure to comply with these requirements may result in termination of your access to the Services. You agree to indemnify and hold MoCA Cognition harmless from any claims arising from your failure to obtain necessary consent.
    • All Patient Data is subject to our Privacy Policy. For more information, please review the Privacy Policy.
    • If a Patient does not consent to collection or processing of their personal information, then you should not administer a Digital MoCA to such Patient. You may instead propose to administer a paper-based MoCA to such Patient. If the Patient withdraws their consent to the use of their personal information, we may respond to their request, including by modifying or deleting their Patient Data and/or Patient Profile.

License

  • Subject to your complete and ongoing compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to access and use the Services.
    1. Limited License to use the MoCA
      • You may only use the MoCA (whether paper-based or the Digital MoCA) for non-commercial healthcare purposes. For the purposes of these Terms, “non-commercial healthcare” refers to healthcare professionals providing healthcare to their patients as part of their professional practice, but that are not conducted for any profit or commercial gain.
      • The following activities are excluded from non-commercial healthcare purposes:
        • Use of the MoCA or MoCA Data for research purpose, for example in clinical trials or for clinical trial recruitment purpose, whether the study is academic, commercial, with or without any participation from a commercial entity;
        • Use of the MoCA or MoCA Data for commercial purposes, including for commercial healthcare purposes and commercial non-healthcare purposes;
        • Use of the MoCA for distribution, sublicensing, reproduction, marketing, promotional, educational, teaching, insurance and employment purposes.
      • You acknowledge and agree that the license granted to you is for non-commercial healthcare purposes only. If you wish to use the MoCA or MoCA Data for purposes other than for non-commercial healthcare purposes, you agree to and shall be subject to a separate commercial licensing agreement. For further information and inquiries relating to licensing and permission, please contact us at [email protected].
      • MoCA Cognition actively monitors for unauthorized use of the MoCA. If we discover any such use, we will enforce our rights, which may include, without limitation, charging applicable licensing fees at commercial rates retroactively, imposing interest on late fee payments as permitted by law, and taking legal action to seek damages, injunctions, and/or other remedies.

Prohibited Uses

  • You agree not to use the Services for purposes beyond those expressly permitted in these Terms, unless you have obtained prior written approval or a separate license agreement from MoCA Cognition. Specifically, you are prohibited from:
    • Using the MoCA or MoCA Data for purposes other than for non-commercial healthcare purposes;
    • Modifying, reverse-engineering, or creating derivative works of the MoCA or any other component of the Services.
    • Using the Services in a manner that infringes upon the intellectual property rights of MoCA Cognition or violates applicable laws or violations.
    • Sharing or distributing the MoCA, the Digital MoCA, MoCA Data or any MoCA related materials to unauthorized individuals or organizations.
    • Using the Services for any unauthorized, unethical, or unlawful purpose.
  • Unauthorized use may also result in the termination of your access to the Services and additional legal consequences as permitted by law.

Intellectual Property Rights and Ownership

  • You acknowledge and agree that the Services (including the MoCA, Training and Certification, App) and their entire contents, features, and functionality, including, but not limited to, all information, software, code, source code, object code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by MoCA Cognition, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
  • You acknowledge and agree that the MoCA, Training and Certification materials, as well as the data derived from the use of the MoCA, including but not limited to MoCA Data, are protected by copyright law. This copyright extends to all MoCA Data, regardless of the form or medium in which it is recorded.
  • The MoCA and MoCA Cognition names and trademarks, and all related names, logos, product and service names, designs, images, and slogans are trademarks of MoCA Cognition or its affiliates or licensors. You must not use such trademarks without the prior written permission of the MoCA Cognition. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on the Website, or the App are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the unauthorized user to legal action.

Privacy

  • By submitting your personal information and using the Services, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submissions in compliance with our Privacy Policy, as we deem necessary for the provision of the Services.
  • By using the Services, you consent to our use of cookies to enhance your user experience, recall previous requests or registrations, and analyze website usage patterns. You can configure your browser settings to notify you before accepting cookies, providing you with the option to accept or decline them. Additionally, you may choose to disable cookies entirely through your browser settings; however, doing so may result in certain areas of the Website or App not functioning as intended.

Third-Party Websites

  • For your convenience, the Website or App may include links or references to third-party websites. We do not endorse, monitor, or make any representations about these third-party websites or their content. Accessing such websites is entirely at your own risk. We have no control over the content, policies, or practices of third-party websites and disclaim any responsibility for any loss or damage that may result from your use of them. Your use of third-party websites is subject to their terms and conditions, which we recommend you review carefully.

No reliance

  • Informational purposes only
    • The Services are provided for informational purposes only. In particular, the MoCA is not intended to diagnose any cognitive disease, nor can it be relied upon entirely to diagnose a person presenting a cognitive concern. The MoCA provides information that should be interpreted in light of all other information a healthcare professional has about their patient. Accordingly, a complete clinical assessment is necessary to interpret the score of the MoCA. Interpretation of the MoCA should only be carried out by healthcare professionals (i) having an expertise in cognition, for example, neurologists, neuropsychologists, occupational therapists, and psychiatrists; (ii) in accordance with practice standards applicable to each healthcare professional, and (iii) in accordance with appropriate MoCA Training and Certification, where applicable. While we strive to provide helpful and accurate information on the MoCA, we are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive through the MoCA.
  • Digital MoCA
    • The information provided on the App, including the MoCA and MoCA Data, is for informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. Always consult a qualified healthcare provider for any medical concerns or decisions. You understand and agree that the App is still in development. The App may contain bugs, errors, inaccuracies, incomplete features or security issues. We make no warranties or representations regarding the completeness, accuracy, reliability, or availability of the App and its content.
    • The App is not intended to be used as medical records. The information available on the App may be deleted, modified, or rendered unavailable at any moment. We are not responsible in any way whatsoever for any loss or unavailability of Patient Data. You are solely responsible for extracting and safeguarding any information of value.

Disclaimer

  • YOU UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
  • NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP, WEBSITE OR THE SERVER THAT MAKES THE APP OR WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  • WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET, THE APP OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE APP, THE WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP, WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE APP OR WEBSITE, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

Limitation on Liability

  • EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE SERVICES, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON.
  • You acknowledge and agree that you are solely responsible for your use of the Services and any decisions or actions you take based on the information provided. We are not liable for any damages, losses, or injuries resulting from reliance on any information or service provided by the Services.
  • The Website or App may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect our opinion. We have no responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.

Indemnification

  • To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms or your access to or use of the Services, including, but not limited to, third-party sites, any use of the App or Website’s content, services, and products other than as expressly authorized in these Terms.

Governing Law and Choice of Forum

  • The Terms are governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein.
  • Any action or proceeding arising out of or relating to the Services and under these Terms will be instituted in the courts of the Province of Quebec and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding.

Waiver

  • No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Severability

  • If any provision of these Terms is determined to be invalid, illegal, or unenforceable in whole or in part, in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms or invalidate or render unenforceable such provision in any other jurisdiction.

Changes to these Terms and to the Services

  • We reserve the right in our sole discretion to revise and update these Terms at any time. Any and all such modifications are effective immediately upon posting and apply to all continued use of the Services. You agree to periodically review the Terms in order to be aware of any such modifications and your continued use of the Services shall be your acceptance of these Terms.
  • The information and material available through the Services may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website or App is restricted to users or unavailable at any time or for any period.

Termination

  • We reserve the right to suspend or deactivate your account or your access to certain aspects or all of the Services, or to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. You may terminate your account at any time by contacting us at [email protected].

Contact Us

You may contact us by email at [email protected] or at our mail address below:

MoCA Cognition

4896 Taschereau Blvd suite 230,

Greenfield Park, Quebec

J4V 2J2, Canada

 

Updated: January 7, 2025