Last Updated: July 31, 2026
These terms of use (the “Terms”) govern your access to and use of the Cuddlepuff application, developed by DVRGNT AI Inc., also known as DVRGNTAI (“dvrgntAI”, “we”, “our” or “us”), available atwww.dvrgntai.com, on any associated mobile platform and through any relatedservice that we operate (collectively, the “Application”). Your use of the Application is also subject to our Privacy Policy, which forms an integral part of these Terms and, together with these Terms, constitutes a legal agreement between you and dvrgntAI. By accessing or using the Application, you acknowledge that you have read, understood and accepted these Terms.
IF YOU DO NOT ACCEPT THESE TERMS OR THE TERMS OF OUR PRIVACY POLICY, PLEASE DO NOT USE THE APPLICATION.
dvrgntAI reserves the right to modify these Terms at any time. In the event of a material change, we will notify users byposting a notice in the Application or by email. The last modified date will be updated accordingly. Your continued use of the Application after any modification constitutes acceptance of the modified Terms, to the extent permitted by applicable law.
All information published in the Application, including features, availability of services, technical characteristics and access terms, may be modified without notice, subject to applicable legal requirements.
Cuddlepuff is a playful, caring an deducational digital tool designed to support self-observation, self-understanding, awareness of mental health and neurodevelopment, self-care, communication of needs and support by persons chosen by the user. The Application may allow the user to complete questionnaires, record observations, use a reflective journal, tracktheir mood, anxiety, stress, sleep, symptoms, routines, activities, interactions with the Application and certain contextual data. The Application may also generate visualizations, reminders, educational content, reports, follow-ups, general recommendations or personalized reference points.
IMPORTANTWARNING: The Application is not a medical device, software as a medical device, a health service, a certified clinical diagnostic tool, a medical triage tool, a clinical decision system or a substitute for a professional medical, psychological, psychiatric or therapeutic consultation.
The results, reports, scores,visualizations, reminders, educational content, general recommendations andinformation generated by the Application are provided for informational, exploratory, educational and support purposes only. They do not in any way replacethe advice, diagnosis, treatment, assessment or follow-up of a physician, psychologist, psychiatrist, psychotherapist or other qualified health professional.
In the event of a medical emergency, mentalhealth crisis, suicidal thoughts, risk of acting on such thoughts or immediate danger, you must immediately contact emergency services, 911, 9-8-8 in Canada or an appropriate crisis resource. dvrgntAI does not monitor emergency situations in real time and cannot guarantee any intervention in the event of a crisis.
You may use the Application if you are sixteen (16) years of age or older and if you are not prohibited from receivingor using the services under applicable laws.
The Application is intended primarily forpersons who wish to better understand their mental health, neurodivergence, symptoms, habits, needs and self-care strategies; for support persons authorized by the primary user; and for professionals, researchers ororganizations authorized to use the Application in a context of support, experimentation, research or assistance, in accordance with these Terms and the applicable authorizations.
The Application is not intended for children under sixteen (16) years of age. If dvrgntAI discovers that an accounthas been created by a person who does not meet this age requirement, dvrgntAI may suspend or delete the account in accordance with applicable laws.
The primary user is the person whose data, responses, observations, follow-ups, results, reports or content are entered, generated or displayed in the Application.
The primary user may, when a feature allow sit, authorize up to seven (7) other persons to access certain information that the primary user chooses to share in the Application. These persons may include family members, relatives, caregivers, support persons, professionals, interveners or other persons chosen by the primary user.
Each support person must create their own account, accept these Terms and comply with the permissions granted by theprimary user. A support person may not share, transfer, publish, copy, redistribute or make available to other persons the information to which they have access in the Application, unless the primary user expressly authorizes itor the law requires it.
Only the primary user may invite, authorize, modify or withdraw access from a support person, subject to thetechnical limits of the Application and applicable laws. Support persons do not have the right to invite other persons, create secondary access or transmit the primary user’s information to third parties.
The primary user remains responsible for carefully choosing the persons with whom they share their information. dvrgntAI is not responsible for the unauthorized use or disclosure of information by asupport person where that support person was authorized by the primary user, except to the extent otherwise provided by applicable law.
dvrgntAI places particular importance onthe protection of personal information and sensitive information that may beentered, generated or inferred in connection with the use of the Application, including information related to mental health, neurodivergence, wellbeing, behaviours, symptoms, habits, questionnaire responses, journal entries, routines, interactions with the Application and any other personal situation of the user.
The processing of personal information is governed by our Privacy Policy, which is incorporated by reference into these Terms. In the event of any inconsistency between these Terms and the Privacy Policy concerning the processing of personal information, the provisions thatare most protective of the user’s rights should prevail, subject to final legal validation.
By using the Application, you acknowledge that certain information you choose to provide may be sensitive and you consentto its collection, use, communication and retention for the following purposes:
- to provide, operate, maintain, secure and improve the Application;
- to create, display and personalize the features, results, reports, follow-ups, reminders, content, scores, visualizations and information requested or available in the Application;
- to enable sharing authorized by the primary user with support persons chosen by the primary user, according to the permissions available in the Application;
- to respond to support requests, provide customer service and communicate with the user regarding their use of the Application;
- to ensure security, prevent abuse, detect incidents, correct errors, improve quality and maintain the integrity of the Application;
- to comply with applicable legal, regulatory, contractual or security obligations;
- to use de-identified, aggregated or anonymized data, where permitted by law, in order to improve the Application, improve the models, support research, evaluate the viability, acceptability, potential effectiveness and quality of the tool, and develop new features.
dvrgntAI will not use information that directly identifies you, such as your name, email address, telephone number orother direct identifiers, to train, retrain, fine-tune or improve artificial intelligence models for research or general product improvement purposes, unless you expressly consent where required by law.
dvrgntAI may use and retain certain information related to mental health, neurodevelopment, well being, symptoms, behaviours, responses or use of the Application in de-identified, aggregated oranonymized form, where permitted by law, in order to improve its models, algorithms, features, content and research work. These uses will not be intended to personally identify you.
dvrgntAI may use de-identified, aggregatedor anonymized data to support research, continuous improvement of the Application, model improvement, feature validation, analysis of general trends, evaluation of engagement, evaluation of acceptability and understanding of the needs of user populations.
Where data is used for these purposes, dvrgntAI will implement reasonable measures to reduce the risk ofidentification or re-identification of users. These measures may include, depending on the context, the removal of direct identifiers, aggregation, limitation of variables, pseudonymization, de-identification, anonymization, access controls, contractual restrictions and the prohibition of re-identification.
dvrgntAI will not attempt to re-identify a person from de-identified, aggregated or anonymized data and will require, where applicable, its research partners or collaborators to undertake not to attempt to re-identify users.
Anonymized data, when it meets applicable requirements, may be retained longer than identifiable personal information, for serious and legitimate purposes, including research, improvement of the Application, model improvement and statistical analysis.
dvrgntAI does not sell, rent orcommercialize users’ identifiable personal information.
dvrgntAI will not sell users’ data formarketing, targeted advertising, commercial profiling, data brokerage, commercial prospecting or any other financial benefit unrelated to research, improvement of the Application or the mission of dvrgntAI.
dvrgntAI may, however, where permitted by law and subject to appropriate protective measures, share, communicate,license, provide or commercialize analyses, reports, datasets or information inde-identified, aggregated or anonymized form to research partners, institutions, organizations or collaborators for purposes of research, evaluation, scientific improvement, mental health innovation, validation orpublic interest.
Any communication of this type must be governed by reasonable security measures and, where relevant, by a written agreement prohibiting, among other things, re-identification, unauthorized sharing, use for marketing purposes, use for employment decisions, use forindividual insurance decisions, or any use incompatible with the agreed research or improvement purpose.
The user may request the deletion of their account or of certain personal information through the process provided in the Application or by contacting dvrgntAI at the address indicated in these Terms or in the Privacy Policy.
dvrgntAI may request reasonable informationto verify the identity of the person making the request. The processing of a deletion request may be subject to certain legal, contractual, technical or security limits.
Deleting an account or with drawing consentmay limit or prevent access to certain features of the Application.
Where data has been anonymized in accordance with applicable requirements and no longer allows the user to beidentified directly or indirectly in an irreversible manner, it may no longer be associated with a particular account and may be retained for serious and legitimate purposes, including research, improvement of the Application and model improvement.
Data retained in backup copies may be deleted according to dvrgntAI’s normal backup and retention cycles, subject to applicable legal and security requirements.
Where an organization, employer, insurer, employee assistance program, telemedicine platform, community organization, research institution or any other partner makes the Application available to a group of users, dvrgntAI does not, by default, communicate identifiable personal information or individual mental health data to that organization.
Except with the user’s explicit consent, alegal obligation or a particular agreement compliant with applicable laws, partner organizations receive only aggregated, statistical, anonymized orde-identified information that is not intended to identify a particular user.
Partner organizations must not use the Application or the information derived from it to make adverse individual decisions relating to employment, insurance, benefits, access to services, discipline, selection or exclusion.
You retain your rights in the content you submit in the Application, including your responses, journal entries, notes, comments, observations and other information that you choose to provide.
By submitting content in the Application, you grant dvrgntAI a limited, non-exclusive, worldwide, royalty-free licence that is necessary to host, process, display, secure, back up, analyze and use this content only for the following purposes:
- to provide and operate the Application;
- to generate the features, follow-ups, reports, scores, visualizations, reminders, content and information requested or available in the Application;
- to enable sharing authorized by the primary user with support persons chosen by the primary user;
- to improve, test, correct, secure and develop the Application;
- to use de-identified, aggregated or anonymized data for research, analysis, validation, model improvement and product improvement purposes, where permitted by law.
This licence does not allow dvrgntAI to sell your identifiable personal information, use it for targeted advertising,transmit it to data brokers or exploit it for commercial marketing purposes.
This licence ends when your identifiable personal information is deleted, subject to applicable legal, contractual, security, backup or retention obligations. Anonymized or aggregated data that no longer allows you to be identified may continue to be used in accordance with these Terms and the Privacy Policy.
You are responsible for any user contentthat you submit in the Application. You represent and warrant that your contentand its use do not violate the rights of any third party, do not constitutefraud or a misleading statement, are not defamatory, obscene or offensive, donot promote discrimination or hatred, and do not promote illegal or harmfulactivities.You retain your rights in the content you submit in the Application, including your responses, journal entries, notes, comments, observations and other information that you choose to provide.
You are prohibited from:
- using the Application fo rofficial clinical diagnosis, medical decision-making, clinical triage, medication adjustment, replacement of a professional assessment, emergency management or decisions concerning a vulnerable person without appropriate professional supervision;
- presenting the results, reports, scores, content or recommendations of the Application as a certified medical, psychological or psychiatric diagnosis;
- using the Application as a substitute for a consultation with a qualified health professional;
- using the Application tomonitor, control, evaluate, discipline or make an adverse decision concerning an employee, insured person, relative, patient, user or any other person;
- attempting to obtain unauthorized access to any part of the Application;
- impersonating another user, asupport person or a professional;
- intentionally introducing false, misleading or malicious data;
- sharing, publishing, exporting, copying, capturing, retransmitting or redistributing another user’s information without that user’s explicit authorization;
- for a support person, inviting other persons, creating secondary access or sharing the primary user’sinformation with third parties.
Full use of the Application depends on youruse of a compatible device with appropriate software and Internet access. The maintenance and security of this equipment may influence the performance of the Application, and you are responsible for ensuring the proper functioning and reasonable security of your equipment.
You are responsible for preserving the confidentiality of your login credentials, passwords and account access. You must notify us promptly if you suspect unauthorized access or a compromise of your account.
We may need to contact you regarding youruse of the Application, including for matters relating to security, access, privacy, maintenance, support, modification of the Terms or operation of the service. These communications form an integral part of the services and you may not opt out of them where they are necessary for the operation, security orcompliance of the Application.
You may unsubscribe from promotional or non-essential communications by contacting us at [legal@dvrgntai.com] or through the mechanisms provided in those communications.
As part of the use of the Application, you may receive notifications on your mobile device. You may configure these notifications in your device settings or in the Application, depending on the features available.
dvrgntAI owns or is licensed to use alltexts, graphics, interfaces, photographs, trademarks, logos, music, computercode, models, algorithms, structures, visualizations, content and other elements available in the Application (collectively, the “dvrgntAI Content”), including the design, structure, selection, coordination, expression andarrangement of this content.
The dvrgntAI Content is protected bycopyright, trademarks and other intellectual property laws applicable in Canadaand Quebec. The dvrgntAI Content may not be copied, reproduced, republished, downloaded, transmitted, sold, adapted, modified or distributed without theprior written consent of dvrgntAI.
Subject to compliance with these Terms, dvrgntAI grants you a personal, non-exclusive, non-transferable, non-sublicensable and limited licence to access and use the Application.
dvrgntAI reserves the right to determine the timing and content of software updates, which may be downloaded andinstalled automatically without prior notice, to the extent permitted by applicable law.
dvrgntAI does not provide medical, psychological, psychiatric, therapeutic or clinical advice. The Application,including Cuddlepuff, is a tool for education, self-observation, self-understanding, support and personal exploration.
dvrgntAI does not provide medical,psychological, psychiatric, therapeutic or clinical advice. The Application,including Cuddlepuff, is a tool for education, self-observation,self-understanding, support and personal exploration.
The content, results, scores,visualizations, reports, reminders, general recommendations and information generated by the Application are provided for informational, educational and exploratory purposes only. They do not replace the advice, diagnosis, treatment, assessment or follow-up of a qualified professional.
Health professionals or interveners who usethe Application in the context of their practice or support activities remainsolely responsible for their professional acts, their obligations, their clinical judgment and their decisions.
TOTHE EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND ITS CONTENT AREPROVIDED “AS IS” AND “AS AVAILABLE”. dvrgntAI AIMS TO PROVIDE USEFUL ANDRELIABLE INFORMATION, BUT MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND AS TOTHE ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, CONTINUITY, RELIABILITY ORFITNESS OF THE APPLICATION FOR A PARTICULAR PURPOSE.
dvrgntAI does not warrant that theApplication will be error-free, uninterrupted or secure, or that any defectwill be corrected. dvrgntAI cannot guarantee that files or data downloaded fromthe Application will be free of viruses, malware or other harmful code.
You assume responsibility for your use ofthe Application and for any decision made based on the information provided, subject to the protections provided by applicable law.
To the extent permitted by applicable law, dvrgntAI, its suppliers and licensors shall not be liable for indirect,consequential, special, exemplary, incidental or punitive damages, includingloss of profits, loss of data, loss of business opportunities or businessinterruption, even if dvrgntAI has been advised of the possibility of such damages.You assume responsibility for your use of the Application and for any decision made based on the information provided,subject to the protections provided by applicable law.
If, despite these Terms, dvrgntAI is foundliable, its total liability will be limited to the greater of the following amounts: one hundred Canadian dollars (CAD $100) or the fees actually paid by the user for the Application during the three (3) months preceding the eventgiving rise to the claim, except to the extent such limitation is prohibited byapplicable law.
Nothing in these Terms is intended to limitor exclude liability that cannot be limited or excluded under applicable law, including in the case of intentional fault, gross fault or bodily or moral injury where the law prohibits such limitation or exclusion.
The Application may, from time to time, bemade available to the user as part of a beta version, early access, trialversion, real-world experimentation, pilot project or any feature still underdevelopment (collectively, the “Beta Version”).
The user acknowledges that the Beta Versionis provided for evaluation, feedback, validation and improvement purposes only.It may be incomplete, contain errors, bugs or interruptions, not operatecontinuously, and be subject to modifications, restrictions or withdrawal atany time.
The user is solely responsible forverifying any result, data, score, report, recommendation or informationgenerated by the Beta Version before relying on it or using it. Any contentgenerated by the Beta Version must not be used for clinical, diagnostic,therapeutic, triage or emergency purposes without independent validation by aqualified professional.
dvrgntAI may, at any time and in its solediscretion, modify, suspend, restrict or discontinue all or part of the BetaVersion, without notice, subject to applicable laws.
This clause applies only during the periodin which the Application or the relevant feature is identified as a BetaVersion, early access, pilot project or experimentation. At the end of thisperiod, the other provisions of these Terms relating to liability will apply.
To the extent permitted by applicable law,you agree to indemnify and hold harmless dvrgntAI, its officers, directors, shareholders, employees, agents, subsidiaries, affiliates, suppliers and partners, from and against any claim, loss, liability or expense resulting fromyour use of the Application, your user content, your breach of these Terms orthe violation of any right of a third party.
The Application may contain links toindependent third-party websites, applications, content or services. dvrgntAIprovides these links to you solely for your convenience and does not control orendorse their content. dvrgntAI cannot be held responsible for the content,security, terms of use or privacy policies of these third-party sites.
dvrgntAI reserves the right to suspend orterminate your access to the Application, at any time and without notice, including in the event of a breach of these Terms, a request from judicial or governmental authorities, a request from you, abandonment or substantial modification of the Application, a security incident, a technical issue, misuseor a risk to users, the Application or dvrgntAI.
dvrgntAI also reserves the right to modify, suspend or discontinue access to the Application, in whole or in part, for anyreason, including to perform maintenance operations, error corrections, security updates or necessary technical interventions.
In the event of termination, the provisionsof these Terms whose nature implies survival after termination will remain inforce, including clauses relating to intellectual property, anonymized or aggregated data, warranty disclaimers, limitation of liability, indemnification, applicable law and dispute resolution.
dvrgntAI reserves the right to investigate any actual or suspected violation of these Terms and any conduct affecting theApplication, its users, its security, its data or its partners. dvrgntAI may, in its sole discretion and without notice, suspend or terminate your access inthe event of a violation, subject to applicable laws.
dvrgntAI may cooperate with competent authorities where required or permitted by applicable law.
These Terms are governed by and interpretedin accordance with the laws of the Province of Quebec and the federal laws ofCanada applicable therein, excluding their conflict of law rules.
Any dispute arising from these Terms orfrom the use of the Application will be submitted to the jurisdiction of the courts of the judicial district of Montreal, Quebec, Canada, subject to anyrecourse, jurisdiction or protection imposed by applicable law, including inconsumer matters.
Any claim under these Terms must be subject to prior notice within the applicable time limit provided by law. Any specific limitation period clause should be validated by the legal team before publication.
dvrgntAI operates the Application primarily from Canada. If you access the Application from outside Canada, you are responsible for complying with applicable local laws, and dvrgntAI does notguarantee that the Application is appropriate or available in alljurisdictions.
Certain content in the Application may beavailable in multiple languages. These translations are provided for your convenience. In the event of a discrepancy between language versions, the French version or the version indicated as legally applicable will prevail, subject to final legal validation.
If a competent jurisdiction declares anyprovision of these Terms invalid or unenforceable, that provision will belimited or deleted to the minimum extent necessary and replaced by a valid provision reflecting as closely as possible the intention of the parties, sothat these Terms remain in full force and effect.
These Terms constitute the entire agreementbetween you and dvrgntAI concerning your use of the Application and replace all prior agreements relating to this subject matter.
The failure of dvrgntAI to require strict enforcement of any provision of these Terms shall not be interpreted as awaiver of that provision.
You may not assign or transfer these Termswithout the prior written consent of dvrgntAI. dvrgntAI may assign or transfer these Terms in connection with a reorganization, merger, acquisition, assetsale, financing or similar transaction, subject to applicable personalinformation protection obligations.
Any notice or communication from dvrgntAIwill be transmitted by email, by posting in the Application or by any otherreasonable means. For notices sent by email, the date of receipt will be deemed to be the date on which the notice was transmitted, subject to applicable laws.
dvrgntAI is committed to making theApplication accessible to neurodivergent persons and persons with disabilities.If you experience accessibility difficulties, please contact us so that we maytry to help you or improve the experience.
dvrgntAI welcomes your comments regardingthe Application. Any comment, suggestion, idea, correction or feedback that yousubmit may be used by dvrgntAI to improve its services, products, content,features, models or communications, without any obligation of compensation,unless otherwise agreed in writing.
Comments must not contain sensitivepersonal information concerning other persons without their authorization.
For any question relating to these Terms,the Application, privacy or the exercise of your rights, please contact us:
dvrgntAI Inc.
38 Rue Olier, Saint-Basile Le Grand
Quebec, Canada, J3N1L6
Email: privacy@dvrgntai.com
General Inquiries: info@dvrgntai.com
