End User License Agreement

My Sun Life (Canada)

END USER LICENSE AGREEMENT ("Agreement")

By downloading or using the my Sun Life (Canada) application (the “App”) you (“You” or “Your”) agree to the following terms and conditions and to the extent that the App links you to the Sun Life website, the use of the website is subject to the terms and conditions located HERE.
 
This is a legal agreement between You and Sun Life Assurance Company of Canada (“Sun Life”) only and the App is licensed, not sold, to You for use only under the terms of this Agreement.

1. Scope of License

Subject to the terms and conditions of this Agreement, Sun Life grants You a personal, non-transferable, royalty-free, revocable, non-exclusive, limited right and license (“license”) to install and use the App on a single mobile device (“Device”). The terms of this Agreement will govern any upgrades and new versions (“Updates”) provided by Sun Life that replace and/or supplement the original App, unless such Update is accompanied by a separate license agreement, in which case the terms of that license agreement will govern. If You are a member of a group plan with Sun Life, the entity who sponsors your group plan may restrict Your ability to make use of certain functionality that is otherwise available to users of the App.

2. Ownership

The App, its design, all text, graphics, content, video, audio and the selection and arrangement thereof are property of Sun Life and are protected by copyright and other intellectual property laws and international treaties. All title to and intellectual property, including copyrights, in the App are and shall remain the property of Sun Life. Sun Life reserves all rights in the App not specifically granted to You under this Agreement. You may not remove any proprietary rights notices of Sun Life from the App.

3. Trade-marks

All trademarks, and design marks displayed on the App are trademarks of Sun Life or its licensors. You are not granted any right or license to use the trademarks under this Agreement except with the express written permission of Sun Life or such other party that may own the applicable trademarks.

4. Consent to Collection and Use of Technical Data

You agree that Sun Life may collect and use technical data, including but not limited to Your IP address and technical information about Your Device, operating system and browser, to improve Your user experience and facilitate the provision of software updates, product support and other services to You (if any) related to the App. Sun Life may use this information, as long as it is in a form that does not personally identify You, to improve its products.

5. Consent to Collection and Use of Information

You agree that in order to access the password protected portion of the App, You must be a Sun Life client with an access ID and password, which Sun Life will require You to input. You agree that if You use the e-claims submission functionality in the App, Sun Life will collect and use Your personal information and the personal information of Your spouse or Your dependents, including name, date of birth, provider information and details about the claim that You are making to Sun Life (collectively, “Information”) solely for the purposes of allowing You to submit Your claim to Sun Life using this App and for underwriting, administration and adjudication of claims. This Information will be transmitted to Sun Life servers via a secure, encrypted channel and, except for the access ID which may be stored on the Device at Your request, is not stored on the Device. Your submission of an e-claim to Sun Life using this App is also subject to the e-claims terms and conditions and the authorization which are presented to You when You submit an e-claim using this App. All Information that Sun Life collects from You that is personal information will be handled by Sun Life in accordance with Sun Life’s Privacy Policy for Canada.

You acknowledge that it is Your responsibility to maintain the security of Your Device.

6. Termination

The license is effective until terminated by You or Sun Life. You may terminate this license at any time by deleting the App from Your Device. Your rights under this license will terminate automatically without notice from Sun Life if You fail to comply with any term(s) of this Agreement. Sun Life may terminate this license at any time and for any reason with or without notice to You. Upon termination of the license, You shall cease all use of the App, and destroy all copies, full or partial.

7. Services

Third Party Materials. The App may enable access to Sun Life services and web sites (collectively and individually, “Services”). Use of the Services may require Internet access and that You be bound by additional terms of service. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites.

8. Disclaimer

By using the Services, You acknowledge and agree that Sun Life is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites, or for any other materials, products, or services of third parties. Sun Life does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any transaction based upon information obtained through the Services, You should consider whether to consult an investment advisor. Neither Sun Life, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of the information displayed by any Services.

9. NO WARRANTY

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ANY SERVICES PERFORMED OR PROVIDED BY THE APP ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SUN LIFE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SUN LIFE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APP, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP; OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SUN LIFE OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APP, OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

10. Limitation of Liability

IN NO EVENT SHALL SUN LIFE, ITS SERVICE PROVIDERS, TELECOMMUNICATIONS CARRIERS, ANY CHANNEL PARTNERS, ANY ENTITIES THAT OPERATE OR CONTROL MOBILE APPLICATIONS, AND THEIR AFFILIATES AND SUBSIDIARIES (COLLECTIVELY, “SERVICE PROVIDERS”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR PERSONAL INJURY, OR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO PRODUCT LIABILITY CLAIMS, ANY CLAIM THAT THE APP FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT, CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION, YOUR USE OR INABILITY TO USE THE APP, OR FOR ANY CLAIM BY ANY OTHER PARTY, INCLUDING WITHOUT LIMITATION, PERFORMANCE OR NON PERFORMANCE OF THE APP, LOSS OF USE, LOSS OF DATA HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING BREACH OF CONTRACT, TORT OR OTHERWISE) AND EVEN IF SUN LIFE OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (A) THIS AGREEMENT OR THE USE OF, OR THE INABILITY TO USE, THE APP; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, (C) RELIANCE ON CONTENT OR INFORMATION, OR (D) ANY OTHER MATTER RELATING TO THIS AGREEMENT, THE APP OR THE CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

11. Restrictions

You may not rent, lease, lend, sell, redistribute or sublicense the App. You may not copy (except as expressly permitted by this Agreement), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any Updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of Sun Life's rights and if You breach this restriction, Sun Life may pursue damages against You.

12. Governing Law

The laws of the Province of Ontario, excluding its conflicts of law rules, and the laws of Canada applicable therein govern this License and Your use of the App. You and Sun Life irrevocably submit to the jurisdiction of the appropriate courts sitting in Toronto, Ontario. The parties hereby waive any right to a jury trial.

13. Export and Use Restrictions

By downloading and using the App, You represent and warrant that You are not (i) located in, under the control of, or a national or a resident of any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) listed on any U.S. government list of prohibited or restricted parties.

14. Apple Terms and Conditions

You acknowledge and agree that Apple Inc. (“Apple”) is not a party to this Agreement and is not responsible for the App and that the additional provisions in this Section 14 apply to Your use of the iOS operating system version of the App. You may only use the App on an iOS device that You own or control and subject to the Usage Rules set forth in the App Store Terms and Conditions. Apple is not providing any warranty for the App and is not responsible for maintenance or other support services for the App.

Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to askus@sunlife.com.