PocketHealth Inc. (together with its affiliates and subsidiaries “PocketHealth”, “we”, “us” or “our”) owns and operates a cloud-based platform (the “Platform”) that lets you electronically request, access, view, store, download, and share medical records with others. These Terms of Service (“Terms”) govern your use of the Platform, as well as PocketHealth’s websites, content, applications, products and services (collectively, the “Services”). PocketHealth may make new Services, features or tools available from time to time, which shall also be subject to these Terms.
These Terms are a contract between you and PocketHealth, and by accessing or using our Services you agree to these Terms. Please read these Terms carefully before accessing or using our Services, to ensure you understand our agreement with you. Please also review our Privacy Policy, which describes how we collect and use Personal Information and Personal Health Information (as such terms are defined in the Privacy Policy), and forms part of these Terms. If you do not accept these Terms, you must not access or use the Services. Note the headings below are included for convenience only and will not limit or otherwise affect these Terms. For purposes of these Terms, the words “include”, “includes” and “including” are deemed to be followed by the words “without limitation”.
You can review the most current version of these Terms at any time by visiting this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to this page. It is your responsibility to check this page periodically for changes. We may also post a notice or otherwise notify you of material amendments where required by applicable law. Your continued access to or use of the Services following the posting of any changes constitutes acceptance of those changes. We last updated these Terms on May 29, 2026. If you are a resident of the Province of Quebec and have an Account (as defined below), you will be informed by email 30 days before the amendment comes into force. The notice will set out your rights and options as a result of the amendment.
Users of our Services may include patients, their authorized legal representatives, and healthcare providers (“Providers”). We provide the Services for use only by persons located in Canada and the United States, with medical records originating in Canada or the United States. The Services are not intended for use in any jurisdiction where such use is not permitted. If you access the Services from outside Canada or the United States, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
PLEASE REMEMBER THAT OUR SERVICES ARE NOT INTENDED TO PROVIDE YOU WITH ANY MEDICAL ADVICE, TREATMENT, OR DIAGNOSIS, AND SHOULD NOT BE RELIED ON AS THE BASIS FOR MAKING DECISIONS ABOUT YOUR HEALTH. USING OUR SERVICES IS NOT A SUBSTITUTE FOR CLINICAL JUDGMENT – YOU SHOULD ALWAYS CONSULT WITH YOUR PROVIDER, AS THEY ARE TRAINED TO INTERPRET YOUR MEDICAL RECORDS BASED ON YOUR UNIQUE CIRCUMSTANCES.
To register with PocketHealth and create a password-protected account on our Platform (an “Account”), you must consent to use the Services and meet the following criteria:
Use of the Services is entirely voluntary for any Patient or their authorized legal representative. By creating an Account and using the Services, you (i) agree to provide true, accurate, current and complete information about yourself, and to maintain and update such information as needed, (ii) represent and warrant to PocketHealth that you meet the criteria above, that you will continue to meet these criteria when you use or access the Services, and that you will use or access the Services solely for personal and non-commercial purposes, and (iii) acknowledge that PocketHealth is relying on these representations and warranties.
You do not necessarily need an Account to access certain Services. For example, users may be able to respond to certain types of notifications without an Account, and Providers may be able to access medical records using a unique access page without an Account.
These Terms do not require PocketHealth to create an Account for a specific user, even where eligibility requirements are met. We reserve the right to refuse service to anyone for any reason at any time, except as prohibited by applicable law.
You agree to keep secure and not disclose to anyone your Account username and password. You are solely responsible for all activities that occur under your Account, and you agree to notify PocketHealth immediately if you become aware of any unauthorized use of your Account credentials, or any other breach of security of your Account or of any Personal Information or Personal Health Information.
If in the course of using the Services you gain access to Personal Information or Personal Health Information that does not belong to you, or that you are not authorized to access, you agree to immediately cease using the Services and to contact PocketHealth at [email protected] or +1 855-381-8522 to report the issue.
On deletion of your Account, PocketHealth will have no further obligation to provide you with access to the Services. You may delete your Account through your Account settings, at any time and for any reason. When you delete your Account, all medical records residing in your Account will be permanently removed from PocketHealth’s Platform, as further described in our Privacy Policy.
The Services are intended to allow you to electronically request, access, view, store, download, and share your medical records. The Services are not intended to provide you with any medical advice, treatment or diagnostic information.
USING OUR SERVICES IS NOT A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR CLINICAL JUDGMENT. ALWAYS CONSULT WITH A QUALIFIED HEALTHCARE PROFESSIONAL ON A TIMELY BASIS IF YOU HAVE QUESTIONS REGARDING YOUR MEDICAL RECORDS, ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR ANY OTHER MEDICAL ISSUES OR CONDITIONS. NEVER DELAY SEEKING MEDICAL ADVICE, OR DISREGARD MEDICAL ADVICE FROM A PROVIDER, BECAUSE OF ANYTHING YOU READ, RECEIVED, OR OTHERWISE OBTAINED THROUGH THE SERVICES. ALWAYS CONSULT WITH A PROVIDER BEFORE STARTING OR CHANGING ANY COURSE OF TREATMENT. NEVER UNDERTAKE SELF-TREATMENT BASED ON INFORMATION OBTAINED THROUGH THE SERVICES. IF YOU BELIEVE YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY NUMBER IMMEDIATELY OR GO TO THE NEAREST EMERGENCY DEPARTMENT.
THE SERVICES CONTAIN CERTAIN CONTENT, FEATURES AND TOOLS (“TOOLS”) THAT ARE INTENDED FOR GENERAL INFORMATIONAL PURPOSES ONLY, INCLUDING TO HELP YOU UNDERSTAND YOUR MEDICAL RECORDS AND DISCUSS THEM WITH YOUR PROVIDER, AND NOT TO PROVIDE MEDICAL ADVICE. SOME OF THESE TOOLS ARE ENABLED BY ARTIFICIAL INTELLIGENCE (“AI”) AND THEIR OUTPUT IS NOT REVIEWED BY A QUALIFIED HEALTHCARE PROFESSIONAL TO CONFIRM ACCURACY. AI-ENABLED TOOLS MAY PRODUCE OUTPUT THAT IS INACCURATE, INCOMPLETE, OUT OF DATE, OR MISLEADING. THE SERVICES, TOOLS, AND OUTPUT ARE NOT MEDICAL ADVICE, ARE NOT A SUBSTITUTE FOR MEDICAL ADVICE, ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION, AND ARE NOT INTENDED TO BE INDEPENDENTLY RELIED ON FOR HEALTHCARE DECISIONS. AI OUTPUT SHOULD BE REVIEWED WITH A PROVIDER BEFORE BEING USED FOR ANY HEALTHCARE DECISION. YOU SHOULD NOT ACT (OR FAIL TO ACT) BASED ON THIS OUTPUT WITHOUT CONSULTING A PROVIDER. THE SERVICES, TOOLS AND OUTPUT ARE NOT INTENDED TO BE A MEDICAL DEVICE.
The Services do not establish a physician-patient relationship between you and PocketHealth. You acknowledge that PocketHealth is an independent third party vis-a-vis Providers, and that Providers that submit medical records to users’ Accounts are not affiliated with PocketHealth.
The Services include different subscription plan options for Patients, including paid plans (“Plans”). Subject to applicable law, Plans automatically renew at the end of the applicable subscription period, unless you opt out of auto-renewals or cancel your Plan in your Account settings. Subject to applicable law, PocketHealth does not offer full or partial refunds or credits for Plans that are cancelled or otherwise terminated during a Plan period. More information about our different Plans is available here.
You will not be charged prior to the start of a Plan period. If we cannot charge your payment method for any reason, and you have not cancelled your Plan, you remain responsible for any uncollected amounts. Your Plan period and billing date may change as a result. We reserve the right to cancel your Plan if we are unable to successfully charge your payment method, including on renewal. It is your responsibility to keep your Account information complete and up to date (including your email address and credit card information) to ensure we are able to complete transactions and contact you as needed. When you cancel a paid Plan, you will lose access to any functionality associated with that type of Plan.
Certain Plans allow multiple family member profiles within a single Account. In these cases, one user will be responsible for administering the Account for multiple family members, and for paying any associated charges. This administrator must be at least the age of majority in their jurisdiction of residence.
You may opt into receiving SMS and RCS messages from PocketHealth for marketing purposes by entering your mobile number and checking the box to receive promotional messages. You acknowledge that message and data rates may apply, and that message frequency may vary. Opting into receiving text messages from PocketHealth is not a condition of purchase or to create an Account.
You can cancel this service at any time by replying STOP to any text message from PocketHealth or by contacting PocketHealth here or at +1 855-381-8522. After you send this message, PocketHealth will send you a message to confirm that you have been unsubscribed and will no longer receive messages from us. Reply HELP, contact us at [email protected] or +1 855-381-8522 for support or assistance.
Carriers are not liable for any delayed or undelivered messages. If you change your mobile number, please update your profile under the “family members” section of your Account. More information about PocketHealth’s privacy practices can be found in our Privacy Policy.
We may collect and use performance, usage and configuration data generated or collected through or in connection with your use of the Services, to improve, monitor, analyze, market and provide the Services (the “Usage Data”). We may aggregate Usage Data from users in a non-identifiable manner for our internal business purposes, including marketing, and product development and improvement. You hereby acknowledge that PocketHealth owns all Usage Data.
You acknowledge and agree to the following terms and conditions to access and use the Services. You shall not, nor shall you permit any other person to, unless expressly permitted by PocketHealth:
Any breach or violation of these Terms (including this Section) may result in an immediate suspension or termination of your access to Services (including deactivation of your Account), in PocketHealth’s sole discretion, subject to applicable law.
PocketHealth also reserves the right to suspend or terminate your access to the Services or any part thereof, at any time and for any reason. These Terms will continue to apply so long as you continue to have access to the Services.
If you are a resident of the Province of Quebec, PocketHealth may terminate your Account unilaterally for serious reasons and in compliance with applicable law.
Your Personal Information and Personal Health Information collected in connection with the Services will be held in strict confidence by PocketHealth. We will only collect, use, and disclose your Personal Information and Personal Health Information with your consent and in accordance with our Privacy Policy unless otherwise permitted or required by applicable law. More information about PocketHealth’s practices can be found in our Privacy Policy. The Privacy Policy forms part of these Terms, therefore you must review the Privacy Policy before agreeing to these Terms.
Please note that Providers retain custody and control of your medical records, and may restrict the disclosure of medical records in accordance with their policies and procedures. If you require access to medical records that cannot be obtained through the Services, please contact your Provider directly.
Subject to applicable law, PocketHealth reserves the right to modify or discontinue (i) the Services (or any part thereof), with or without notice to users, any time and in its sole discretion, and/or (ii) the pricing for any of the Services, at any time and in its sole discretion (and to the extent required by applicable law, on notice to you and/or with your consent). PocketHealth shall not be liable to any user or any third party for any such modification or discontinuance of Services or pricing, as applicable.
We may make links to third-party websites, applications or integrations (“Third-Party Sites”) available through the Services, that may direct you to Third-Party Sites or their content that are not affiliated with PocketHealth. The inclusion of, or linking to, any Third-Party Sites or their content does not imply any affiliation with, sponsorship of, or endorsement by PocketHealth. PocketHealth makes no representation about, and has no control over any Third-Party Sites or their content that may be accessed from the Services. Your access to any such Third-Party Sites is entirely at your own risk. PocketHealth has no responsibility or liability whatsoever to you, or to any third party, for the content or accuracy of such Third-Party Sites or their content, or for any loss or damage that may arise from your access or use of them.
Through the Services, we may also provide you with access to third-party features or tools, including without limitation application programming interfaces (APIs), plug-ins, widgets, and data feeds (“Third-Party Tools”). PocketHealth accepts no responsibility for such Third-Party Tools, or for any loss or damage that may arise from your access or use of them. ALL THIRD-PARTY TOOLS ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY SUCH THIRD-PARTY TOOLS IS STRICTLY BETWEEN THE USER AND THE THIRD-PARTY PROPRIETOR OF THE APPLICABLE THIRD-PARTY TOOL(S). TO THE EXTENT PERMITTED BY APPLICABLE LAW, POCKETHEALTH DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO ANY SUCH THIRD-PARTY TOOLS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
Any such Third-Party Sites and Third-Party Tools are subject to their own terms and conditions, privacy policies, and other agreements, and you acknowledge that these Terms do not apply to your access or use of any of them. You are solely responsible for reviewing and complying with any such third-party terms before providing any information to, or through, any such Third-Party Sites or Third-Party Tools.
PocketHealth reserves the right to add, modify, disable, or remove any Third-Party Sites or Third-Party Tools available through the Services at any time, with or without notice, and without liability to you.
The Services, any information or materials made available through the Services (except for medical records, and any Personal Information and Personal Health Information of users) (“Content”), and all rights therein, are and will remain PocketHealth or its licensors’ property. You are not permitted to copy or otherwise reproduce, distribute, modify, create derivative works of, publicly display or perform, republish, download, store or transmit any Content, except as expressly permitted by these Terms. For clarity, any use of Content, except as expressly authorized, shall constitute an infringement or violation of the rights of the owner and may be a violation of law.
Subject to these Terms, you are hereby granted a limited, non-transferable and non-exclusive right to access and use the Services and Content in accordance with these Terms, solely for your personal, non-commercial use. Neither these Terms nor your access or use of the Services conveys or grants to you any rights to use or reference PocketHealth’s or any of its licensors’ brand elements, company name, logo, product and service names, trademarks or service marks.
The following standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits to the Services, or to other users or other persons (collectively, “User Submissions”). Any and all User Submissions must comply with all applicable laws and with these Terms, including Section 6 (Service Terms and Restrictions on Use). Additionally, you warrant and agree that your User Submissions shall not contain or involve:
Subject to applicable law, User Submissions (excluding any Personal Information or Personal Health Information of users) are not confidential, and PocketHealth is not required to refrain from reproducing, publishing or otherwise using the User Submissions, and may therefore use them in any way or for any purpose. You agree not to assert any ownership right of any kind in User Submissions, and you hereby grant a royalty-free, perpetual, non-exclusive, irrevocable, worldwide license to PocketHealth to use, reproduce, modify, perform, display, distribute and otherwise disclose all User Submissions, solely for the purposes of operating and improving the Services.
We may (but have no obligation to) monitor and remove User Submissions that we determine in our sole discretion breaches these Terms, including this Section. We cannot ensure the prompt removal of objectionable material after it has been submitted. PocketHealth is not responsible or liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user. You are fully responsible and liable, including to any third party, for such content and its accuracy.
You may provide us with feedback, comments and suggestions, including about improvements to the Services (collectively, “Feedback”). Any Feedback you provide will be the sole and exclusive property of PocketHealth, and you hereby irrevocably assign to PocketHealth all of your right, title and interest in and to all Feedback, including all worldwide patent, copyright, trade secret and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At PocketHealth’s reasonable request and expense, you will execute documents and take such further acts as PocketHealth may require to acquire, perfect, and maintain its rights and interest in the Feedback.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. POCKETHEALTH MAKES NO REPRESENTATION, WARRANTIES, OR COVENANTS REGARDING THE SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, AND IS SUBJECT TO THE QUEBEC AND U.S. STATE LAWS PROVISIONS IN THE LIMITATION ON LIABILITY SECTION BELOW. IN ADDITION, POCKETHEALTH MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, SECURITY, ACCURACY, COMPLETENESS OR AVAILABILITY OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WITHOUT RESTRICTING THE FOREGOING, IN NO EVENT WILL POCKETHEALTH BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET, ELECTRONIC COMMUNICATIONS, TELECOMMUNICATIONS NETWORKS OR OTHER SYSTEMS OR NETWORKS OUTSIDE POCKETHEALTH’S REASONABLE CONTROL, INCLUDING IN RESPECT OF THE SECURITY OF COMMUNICATIONS OR TRANSMISSION OF PERSONAL INFORMATION OR PERSONAL HEALTH INFORMATION OVER THE INTERNET. WHILE POCKETHEALTH IMPLEMENTS COMMERCIALLY REASONABLE SECURITY MEASURES, NO METHOD OF ELECTRONIC TRANSMISSION OR STORAGE IS COMPLETELY SECURE, AND POCKETHEALTH CANNOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED THROUGH THE SERVICES.
BY USING THE SERVICES YOU AGREE TO ASSUME THE RISKS REASONABLY ASSOCIATED WITH, AND THAT YOU ARE RESPONSIBLE FOR, YOUR ACCESS AND USE OF THE SERVICES AND ANY INFORMATION OBTAINED THROUGH THE SERVICES, IN EACH CASE TO THE EXTENT PERMITTED BY APPLICABLE LAW. TO THE MAXIMUM EXTENT PERMITTED BY LAW, POCKETHEALTH’S LIABILITY ARISING OUT OF YOUR USE OF THE SERVICES IS LIMITED AS SET OUT IN THE LIMITATION ON LIABILITY SECTION BELOW.
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, SUBJECT TO THE QUEBEC AND U.S. STATE LAWS PROVISIONS BELOW, AND IN EACH CASE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL POCKETHEALTH OR ANY OF ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING ANY LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA OR BUSINESS INTERRUPTION), OR ANY OTHER INDIRECT LOSS INCURRED IN CONNECTION WITH YOUR ACCESS TO, USE, MISUSE OR RELIANCE ON, OR INABILITY TO ACCESS OR USE THE SERVICES, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH, BREACH OF AN ESSENTIAL TERM, OR FAILURE OF ESSENTIAL PURPOSE), TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION SHALL APPLY EVEN IF POCKETHEALTH (OR THE APPLICABLE PARTY) KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY LIMITED REMEDY PROVIDED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE EXTENT THE FOREGOING EXCLUSION DOES NOT APPLY OR IS HELD UNENFORCEABLE, AND IN ANY EVENT WITH RESPECT TO ANY DIRECT DAMAGES NOT EXCLUDED ABOVE, THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY TO THE OTHER ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, REGARDLESS OF THE NUMBER OR NATURE OF CLAIMS, WILL NOT EXCEED THE GREATER OF (I) ONE HUNDRED CANADIAN DOLLARS (CAD $100) (OR, FOR CLAIMANTS RESIDENT IN THE UNITED STATES, ONE HUNDRED U.S. DOLLARS (USD $100)), OR (II) THE AMOUNTS PAID BY YOU TO POCKETHEALTH FOR USE OF THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS CAP APPLIES MUTUALLY TO POCKETHEALTH AND TO YOU, AND THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT INCREASE IT.
THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IF ANY EXCLUSION, LIMITATION, OR OTHER PROVISION OF THIS SECTION IS HELD BY A COURT OR OTHER TRIBUNAL OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, INVALID, OR INAPPLICABLE IN WHOLE OR IN PART IN ANY JURISDICTION, THAT PROVISION SHALL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN THAT JURISDICTION, AND THE REMAINING PROVISIONS OF THIS SECTION SHALL CONTINUE IN FULL FORCE AND EFFECT. THE PARTIES INTEND THAT EACH EXCLUSION AND LIMITATION IN THIS SECTION IS SEVERABLE AND INDEPENDENT, AND THAT NO FINDING OF UNENFORCEABILITY AS TO ONE JURISDICTION, CLAIM, OR PARTY SHALL AFFECT THE ENFORCEABILITY OF THE BALANCE.
IF YOU ARE A RESIDENT OF THE PROVINCE OF QUEBEC, OR IF THE LAWS OF QUEBEC OTHERWISE APPLY TO YOUR USE OF THE SERVICES, THE EXCLUSIONS AND LIMITATIONS SET OUT ABOVE APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE QUEBEC LAW; EXCLUSIONS AND LIMITATIONS SHALL NOT APPLY TO THE EXTENT THAT THE RELEVANT CONSEQUENCES, LOSSES, DAMAGES, COSTS, CLAIMS OR LIABILITIES ARISE OUT OF, RESULT FROM OR ARE ATTRIBUTABLE TO ANY ACT OR OMISSION OF POCKETHEALTH.
SOME U.S. STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR OF CERTAIN OTHER TYPES OF DAMAGES OR WARRANTIES. IF YOU ARE A RESIDENT OF SUCH A STATE, THE EXCLUSIONS AND LIMITATIONS ABOVE APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR FRAUD, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. NOTHING IN THESE TERMS LIMITS OR AFFECTS ANY RIGHTS OR REMEDIES YOU MAY HAVE UNDER APPLICABLE FEDERAL OR STATE PRIVACY OR HEALTH INFORMATION LAWS, INCLUDING THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) AND ANY STATE LAW THAT PROVIDES NON-WAIVABLE STATUTORY DAMAGES OR REMEDIES.
Your access to and use of the Services is entirely voluntary. As a result, to the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless PocketHealth, its directors, officers, shareholders, employees, agents and licensors, and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including reasonable legal fees and disbursements, arising out of or resulting directly or indirectly from (i) your breach or violation of these Terms, and/or (ii) your violation of the rights of any third party.
PocketHealth may immediately, at any time and for any reason, terminate your access to the Services, or cease providing the Services or any portion thereof. PocketHealth may in its discretion, or where required by applicable law, give you notice, and select the means by which it gives you notice. These Terms will continue to apply so long as you continue to have access to the Services. Any right or obligation of the parties in these Terms which, by its nature, should survive termination of the Terms, will survive any such termination.
If you are a resident of the Province of Quebec, PocketHealth may terminate your Account unilaterally for serious reasons and in compliance with applicable law.
If any term or provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
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. 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.
The following provision applies only to the extent permitted by the laws applicable in your jurisdiction. These Terms will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of laws principles, and regardless of your domicile, residence, or physical location. By accessing and using the Services, you agree that any disputes or matters arising from, connected with or related to the Services and/or these Terms will be brought exclusively to the provincial and federal courts located in Toronto, Ontario.
These Terms are not assignable, transferable, or sublicensable by you except with PocketHealth’s prior written consent. PocketHealth may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.
These Terms constitute the sole and entire agreement between you and the PocketHealth regarding the Services, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding the subject matter.
The Services are operated by PocketHealth Inc., a Canadian corporation headquartered in Toronto, Ontario, with its mailing address at 155 Queens Quay E, Suite 200, Toronto, ON, M5A 0W4. Should you become aware of any misuse of the Services or breach of these Terms, you must report it to PocketHealth at [email protected]. All other feedback, comments, questions or other communications relating to the Services should be directed to [email protected].
