Terms of Service

PLEASE READ THE FOLLOWING CAREFULLY BEFORE ACCEPTING THESE TERMS AND REGISTERING FOR, ACCESSING AND/OR USING THE PATIENT7.COM SERVICE.

 

By creating an Account in patient7.com and/or by joining an existing Account and/or by accepting an invitation to join an existing Account in patient7.com as an Authorized user (as defined below) and/or by accessing and using the patient7.com Service (defined below) or our websites, www.patient7.com and/or www.pt7.io and/or any other website that we operate (each, together with its sub-domains, content and services, the “Sites”), you accept these terms of service (the “Terms”), and you acknowledge that you, on your own behalf as an individual and on behalf of your employer or another legal entity (collectively, “you” or "your”), have read and understood and agree to comply with the terms and conditions below, and are entering into a binding legal agreement with Patient7 Inc. (“patient7.com”, “pt7.io”, “us”, “we” or “our”). If you are creating an Account (“Account” as defined below) (A) you are entering into these Terms on behalf of an Organization (your Organization, your employer Organization or any other entity), (B) if you or your Organization are subject to the GDPR, you also accept our Data Processing Agreement available at www.patient7.com/terms/dpa, and (C) you represent and warrant that you have or you were granted full authority to bind the aforesaid Organization to these Terms. If you do not agree to comply with and be bound by these Terms or do not have authority to bind the Organization or any other entity, please do not accept these Terms or access or use the Service, the Sites and do not provide Personal Data to us. You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. For clarity, these Terms also apply on each Authorized User (defined below) and as an Authorized User, upon the creation of a User Account (defined below), you hereby agree to any terms that apply to you and that are specified hereunder.

 

Definitions

“Owner” means any Authorized User who has been specified as the organization owner.

“Admin” means any Authorized User who has been specified as the organization administrator.

“Authorized User” means any individual who has been supplied with user identification and password to access and use the Service on behalf of your Organization. Authorized Users may include but are not limited to your employees, consultants, contractors and agents, and third parties with which you transact business.

Personal Data” means any information relating to an identified or identifiable natural person (‘Data Subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person and/or any data considered “personal data” and/or “personally identifiable information” by any data protection or privacy law or regulation.

 

Restrictions

Except as expressly permitted in these Terms, you may not, and shall not allow an Authorized User or any third party to: (i) give, sell, rent, lease, timeshare, sublicense, disclose, publish, assign, market, sell, display, transmit, broadcast, transfer or distribute any portion of the Service or the Sites to any third party, including, but not limited to your affiliates, or use the Service in any service bureau arrangement; (ii) circumvent, disable or otherwise interfere with security-related features of the Sites or Service or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Service or Sites; (iii) reverse engineer, decompile or disassemble, decrypt or, attempt to derive the source code of, the Service or Sites, or any components thereof; (iv) copy, modify, translate, patch, improve, alter, change or create any derivative works of the Service or Sites, or any part thereof; (v) use any robot, spider, scraper, or other automated means to access or monitor the Service or Sites for any purpose; (vi) take any action that imposes or may impose (at patient7.com's sole discretion) an unreasonable or disproportionately large load on the patient7.com infrastructure or infrastructure which supports the Sites or Service; (vii) interfere or attempt to interfere with the integrity or proper working of the Service or Sites, or any related activities; (viii) remove, deface, obscure, or alter patient7.com's or any third party's identification, attribution or copyright notices, trademarks, or other proprietary rights affixed to or provided as part of the Service or Sites, or use or display logos of the Service or Sites without patient7.com’s prior written approval; (ix) use patient7.com’s Marks without our prior written consent; (x) use the Service or Sites to develop a competing service or product; (xi) use the Service or Sites to send unsolicited or unauthorized commercial communications; and/or (xii) use the Service or Sites in any unlawful manner, for any harmful, irresponsible, or inappropriate purpose, or in breach of these Terms, any terms and conditions of any third-party product or service you use, or agreement you have entered into with any third party. Without derogating from the above, each Organization agrees to remain liable to patient7.com for any act or omission of an Authorized User that would constitute a breach of these Terms if such acts or omissions were by you

 

 

These terms and conditions (“Terms of Service”) govern your use of the Patient7 software application (“Service”) and any other services of Patient7 Inc. Our Privacy Policy is incorporated by reference into these Terms of Service. Some services may be subject to additional conditions posted on the Patient7 website or provided to you when you sign-up for the service.

Communications

You acknowledge and agree that Patient7 Inc. may at times send you communications regarding your account or the Service via email. If you have requested it, we may also send you communications about upgrades to the Service or other products and services that may be of interest to you. You can contact us at any time to let us know that you no longer want to receive these emails from us.

Accounts and Passwords

You must be a registered user to access the Service. You must provide accurate, up-to-date and complete information when you register. You are solely responsible for keeping your password secure. You will be solely responsible and liable for any activity that occurs under your user name.

You must use all reasonable endeavors to prevent any unauthorized access to, or use of, the Service and you must notify Patient7 Inc. immediately in the event of any unauthorized access or use.

Acceptable Use/Conduct

You are solely responsible for your conduct and your data related to the Service. You warrant that you have all rights, licenses, authorizations and consents required to use the Service, including without limitation in respect of your data. You agree to indemnify, defend, and hold harmless Patient7 Inc.., its directors, officers, agents and suppliers from any and all loss, cost, liability, and expense arising from or related to your data or use by you or your employees, contractors or agents of the Service or violation of these Terms of Service.

The Service, including any software that forms part of the Service, is made available to you, your company, and/or your staff only for your personal use or internal business purposes, and such use must comply with all applicable laws, rules and regulations, including without limitation privacy laws, and must not infringe or violate third party rights.

The particular Service you purchase may limit the number of users who may use the Service. You must not allow any additional users to use the Service. Patient7 Inc. has the right to audit your use of the Service, at its own cost and upon giving you reasonable notice, to determine whether your use is in accordance with these Terms of Service and any other terms that apply to the Service. If an audit reveals that you have exceeded the scope of use permitted, Patient7 Inc. may require you to immediately pay an additional service fee for such use.

Any unauthorized use of the Service is a violation of these Terms of Service and may breach Commonwealth, State or Territory laws. Such violations may subject you or your staff to civil and criminal penalties.

Patient7 Inc. will endeavor to make the Service available 24 hours a day, seven days a week. However, you acknowledge and agree that the Service may occasionally be unavailable during periods of planned or unscheduled maintenance. Patient7 Inc. may perform unscheduled maintenance at any time but will do this outside of normal business hours where possible.

Fees

A valid credit card is required for payments. A credit card is not required to start a free trial, and you will only need to supply this if you wish to continue with a paid subscription account.

Credit card security is implemented using https (256-bit encryption) on all transactions. Credit card details are not stored within the Patient7 application. Your credit card details are stored at a trusted and secure payment gateway used by Patient7 for payment processing.

When upgrading or downgrading your plan, you will then be charged the full amount for the new plan you have selected, and your next billing date will be adjusted accordingly. You will have the changed plan limits applied immediately. If this adjustment causes your account to be credited, this will be applied to your subscription and used for future payments. We do not provide refunds for these amounts.

All fees stated are exclusive of taxes, levies or duties imposed by the tax authorities. If your company is liable to pay GST QST, you will be responsible for paying GST QST on top of the subscription fees.

Downgrading or canceling your account may cause the loss of access, content or features of the Service. Patient7 Inc. does not accept any liability for such loss.

All monthly subscription fees must be paid monthly in advance.

All fees related to the Service, including but not limited to the monthly subscription plan fees, are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by updates to the Patient7 website (www.Patient7.com), notices within the Service itself, or by email correspondence.

If you have any questions about charges made to your account, please contact us immediately. If there are charges made in error, we will credit your account or credit card account for the appropriate amount.

SMS reminders (an optional feature) are charged separately. You are responsible for ensuring you have enough credit for SMS. Refunds will not be issued if you cancel your account.

Cancellation and Termination

You are solely responsible for the cancellation of your account. You can cancel your account at any time through the settings/subscription area of the application. Email or phone requests to cancel your account are not considered a cancellation.

All your content and data will be deleted 30 days after cancellation or termination of your account. This information will not be able to be recovered.

Failure to pay your subscription fees will result in your account being suspended. Accounts are suspended for a maximum of 30 days before the account may be terminated by us. We are not responsible for any loss you suffer as a result of such suspension or termination. A suspended account can be reactivated by supplying valid payment credentials and resuming your subscription.

If you cancel your account before the end of your currently paid month, the Service will end immediately, and you will not be charged again. You will not be entitled to a refund.

Patient7 Inc. in its sole discretion has the right to suspend or terminate your account and refuse any and all current or future use of the Service, for any reason, at any such time. Such termination can result in the deactivation or deletion of your account. Patient7 Inc. reserves the right to refuse service to anyone for any reason at any time.

In the event of termination of the contract, Patient7 Inc. will assist you, on request and against payment, in the best possible way when changing service provider. The parties agree details in a separate migration agreement.

No Warranties or Representations

You understand and agree that the Service is provided “as is” and, to the extent permitted by law, Patient7 Inc. and its suppliers expressly disclaim all warranties or representations of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, non-infringement or bailment of your data on Patient7 Inc.’s servers. Patient7 Inc. and its suppliers make no warranty or representation that your use of the Service will be uninterrupted or error-free or regarding the results that may be obtained from the use of the Service, the security of the Service, or that the Service will meet your requirements.

Patient7 Inc. is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Service may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

Limitation of Liability

Use of the Service is at your sole risk. You will be solely responsible for any damage to you resulting from the use of the Service. The entire risk arising out of use, security or performance of the Service remains with you.

If there is any loss or damage to your data, your sole and exclusive remedy will be for Patient7 Inc. to use reasonable commercial endeavors to restore the lost or damaged data from the latest back-up of such data maintained by Patient7 Inc.

In no event shall Patient7 Inc. be liable for any indirect, special, incidental, consequential or punitive damages, loss of use, loss of profits, revenue, interest or business or loss or corruption of data, whether in an action in contract, tort (including but not limited to negligence), equity or otherwise in connection with the Service or any other service provided by Patient7 Inc.

Non-Solicitation

You agree that, for the duration of your use of Patient7.com and for the one (1) year period immediately following the termination of your service, for any reason, you will not solicit nor contact any customer or an established client of Patient7 for the purpose of or encouraging such client or established client to cease or restrict any business relationship with the Company. You further agree that you will not seek or advise to any of the Company's customers or established suppliers to withdraw, restrict or cancel its business activities with the Company. IN CASE OF BREACH OF THIS CLAUSE, YOU AGREE TO PAY $ 100,000 CDN TO PATIENT7 INC. FOR DAMAGES AND INTERESTS.

Anti-defamation

YOU AGREE NOT TO CRITICIZE ATTACK PUBLICLY (PUBLIC FORUMS, BLOGS, PROFESSIONAL GROUPS, SOCIAL NETWORKS, ETC.) PATIENT7 INC., PATIENT7.COM, AND ITS SERVICES, EMPLOYEES, ASSOCIATES OR PARTNERS AT ANY TIME, DURING OR AFTER THE PERIOD OF SERVICE. YOU AGREE NOT TO REQUEST MEDICAL ELECTRONIC FILE ADVICE ON FORUMS, BLOGS, COMMUNITY GROUPS, PROFESSIONAL GROUPS OR OTHER SOCIAL MEDIA, IN ORDER TO GIVE A POOR REPRESENTATION TO THE COMPANY OR UNDERTAKING. ITS EMPLOYEES, ASSOCIATES OR PARTNERS. IN CASE OF BREACH OF THIS CLAUSE, YOU AGREE TO PAY $ 100,000 CDN TO PATIENT7 INC. FOR DAMAGES AND INTERESTS.

Intellectual Property and data

Patient7 Inc. claims no intellectual property rights over the data or other material you provide to the Service. You acknowledge that Patient7 Inc. owns all right, title and interest in and to the Service, including without limitation all intellectual property rights, and such rights are protected by Canadian and international intellectual property laws. Except to the extent that applicable laws prevent us from restraining you from doing so, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service.

You consent to Patient7 Inc. transferring your data to third party IT providers, including our website host and back-up service providers.

Indemnification

Your Organization and you hereby warrant, represent and agree to indemnify, hold patient7 harmless and to indemnify patient7 and its respective affiliates, officers, directors, employees and agents from and against any and all claims, damage, obligations, liabilities, loss, expense, legal expense (including but not limited to attorney's fees) or cost incurred as a result of (i) your use of or inability to use the Services; (ii) your violation of these Terms, including any false representation; and/or (iii) your Customer Data and/or data protection laws, regulations or obligations.

Disclosure

We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Service and/or the Sites as we reasonably believe necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce these Terms, including to investigate potential violations hereof,

(iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to your support requests, and/or protect the rights, property or safety of patient7.com, its users or the public.

General

You may not assign your rights in respect of the Service to any other person.

Patient7 Inc. will not be liable for any delay or failure to perform any of its obligations in respect of the Service if such delay or failure is due to an event which is beyond its control.

If a provision of these Terms of Service is invalid or unenforceable, it is to be read down or severed to the extent of the invalidity or unenforceability and that fact does not affect the validity or enforceability of the remaining provisions.

Patient7 Inc. may modify the Service, or any other services, at any time, for any reason, and without notice. We also may modify these Terms of Service at any time but, if we do so, we will notify you of the modified Terms of Service and give you a reasonable period to notify us that you do not agree to the modified Terms of Service and cease using the service.

This Agreement is governed by the laws of the province of Quebec, Canada and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Quebec.

Questions

If you have any questions about these Terms of Service, please contact us at support@patient7.com.