ELASTIC CARE TERMS OF USE FOR THE LIFEPATH PLATFORM

LifePath is a platform for transmission and communication of Personal Information (“PI”) and/or Personal Health Information (“PHI”) between you and a physician. It is provided and made available to you by Elastic Care Inc. (“Elastic Care”, “we”, “us” or “our”) through the Elastic Care mobile phone application (the “App”) and the LifePath software application hosted on Elastic Care servers. The App and the LifePath software application are collectively, referred to as the “Platform”.

The following terms and conditions (the “Terms of Use”) are the terms and conditions of use of the Platform.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE PLATFORM.

  1. Binding Agreement

These Terms of Use constitute a legally binding agreement between you and Elastic Care regarding your access to, and use of, the Platform. By accessing or using the Platform, you agree to be bound by these Terms of Use. Before using the Platform, you must read and agree to abide by these Terms of Use. You will also be bound by our Privacy Policy, which is incorporated, by reference, into these Terms of Use. You should also read the Privacy Policy before you agree to these Terms of Use.  If you do not wish to be bound by the Privacy Policy and the Terms of Use, you must not access or use the Platform. The Privacy Policy is made available at elasticcare.com/privacy-policy/

You will also be bound by a Consent to Use Electronic Communications Form which you must read, complete and sign before you use the Platform. The Consent to Use Electronic Communications Form is made available CONSENT TO USE ELECTRONIC COMMUNICATIONS. This form describes the risks and limitations of using electronic communications to transfer Personal Information and Personal Health Information.

If you do not agree to the terms of these Terms of Use or any modified version of this agreement, your sole recourse is to terminate your use of the Platform. If you breach any of these Terms of Use, your authorization to use the Platform automatically terminates and you must discontinue all use of the Platform.

These Terms of Use are made effective as of April 28, 2020. Elastic Care may update or revise these Terms of Use from time to time. You agree that you will review these Terms of Use periodically.

  1. Provision of the Platform

We grant you permission to access and use the Platform solely for your personal, non-commercial purposes and only as permitted by these Terms of Use or any Additional Terms (defined below).

You acknowledge and agree that the form and nature of the Platform may change from time to time without prior notice to you. You acknowledge and agree that we may stop (permanently or temporarily) providing the Platform (or any features within the Platform) to you or to users generally, at our sole discretion, without prior notice to you. You may stop using the Platform at any time in accordance with the terms of this agreement.

  1. Designated Physicians

ELASTIC CARE IS NOT A HEALTHCARE SERVICE PROVIDER. This Platform allows you to directly communicate certain PI and PHI to a licensed and/or accredited Medical Professional, more specifically a Physician whom you designate to receive your PI and PHI (the “Designated Physician”). Any Designated Physician from whom you receive any health related diagnoses, advice, consultation, treatment, therapy, medication or other health related service or information (“Health Related Service”) must be an independent, regulated medical professional registered to practice medicine in the province, state, territory or country in which you reside and/or where you use the Platform or App. Elastic Care is not involved in, and does not recommend, recognise, suggest or otherwise propose any person to be your Designated Physician. The relationship between you and your Designated Physician is a direct physician-patient relationship. Elastic Care is not a party to that relationship in any way.

  1. Consultations

While using the Platform, you and your Designated Physician may send, receive or exchange your medical history, symptoms, and other PI and PHI. The Designated Physician may use the information that is made available through the Platform to assess your condition and may discuss Health Related Services with you. You agree that you will be solely responsible for the consequences of using the Platform to ask for and/or receive Health Related Services, and that Elastic Care shall not be responsible, in any way for the content, timeliness, accuracy, quality or suitability of any information you send to, or receive from your Designated Physician or for any Health Related Service you receive from any health or medical professional.

There are limitations and potential risks associated with using the Platform, which you must be aware of. By using the Platform, you acknowledge and accept that you have understood these risks and that you accept them. The limitations and potential risks include, but are not limited to, the following:

  1. Degradation or loss of Internet and/or other connectivity, which may impede or prevent communications.
  2. Not all health conditions can be adequately assessed through the medium of the App.
  3. Your Designated Physician may not have access to your most recent, relevant or up-to-date medical records. This may result in an inaccurate assessment and/or treatment.
  4. Although Elastic Care protects your personal information and personal health information through physical, technological and administrative safeguards, there is no guarantee against data breaches. This may result in the unauthorized collection, use and/or disclosure of your personal health information.
  5. The Platform is not intended to replace your existing medical providers, such as your family doctor.

IMPORTANT: DO NOT USE THE PLATFORM FOR MEDICAL EMERGENCIES. IF YOU HAVE A MEDICAL EMERGENCY YOU MUST CONTACT EMERGENCY SERVICES IN YOUR AREA OR GO TO THE NEAREST HOSPITAL OR HEALTH CENTER.

  1. Health Related Service

All Health Related Service on the Platform are expected to be, and must be, provided by a registered Medical Professional who is licensed or permitted to practice medicine by the regulatory authority in the province, territory, state or country where you are located at the time you use the Platform.

ELASTIC CARE PROVIDES A TECHNOLOGY PLATFORM THAT CONNECTS YOU WITH MEDICAL PROFESSIONALS. THESE MEDICAL PROFESSIONALS ARE SOLELY RESPONSIBLE FOR AND HAVE COMPLETE CONTROL, AUTHORITY AND SUPERVISION OVER ALL MEDICAL SERVICES PROVIDED TO YOU ON THE PLATFORM, INCLUDING, BUT NOT LIMITED TO MEDICAL ADVICE, DIAGNOSES, TREATMENT AND ANY MEDICAL PROCEDURES OR PROCESSES. ELASTIC CARE DOES NOT SUPERVISE, PARTICIPATE IN OR HAVE ANY CONTROL OVER THE PROVISION OF HEALTH-RELATED SERVICES, THE MATERIALS, TOOLS OR METHODS USED, THE TREATMENT OR ADVICE PROVIDED OR THE CONDUCT OF ANY MEDICAL PROFESSIONAL. NEITHER ELASTIC CARE NOR ANY OF ITS AFFILIATED COMPANIES OR PARTNERS SHALL BE HELD LIABLE FOR ANY HEALTH-RELATED SERVICE PROVIDED TO YOU BY ANY MEDICAL PROFESSIONAL.

  1. No Guarantee

Elastic Care does not verify the credentials and quality of the Medical Professional or your Designated Physician. We do not confirm their competency or their proficiency in any practice area in which they offer their medical services. We make no guarantees or representations regarding their skills or representations of the quality or accuracy of the Health-Related Services that such Medical Professionals may provide.

ELASTIC CARE DOES NOT GUARANTEE OR WARRANT ANY MEDICAL PROFESSIONAL’S PERFORMANCE OR THE OUTCOME OR QUALITY OF THE MEDICAL SERVICES PROVIDED BY THEM.

  1. User Accounts

In order to use the Platform, you must register for a User Account (“Account”). To register for an Account you must

  1. Be 14 years or older
  2. Download the LifePath app
  3. Accept and agree to abide by the Terms of Use, Privacy Policy and Consent to Use Electronic Communications Form
  4. Connect with your Designated Physician
  5. Accurately enter and submit any PI or PHI that you are asked for
  6. Exercise due care and caution in dealing with any illness at all times

You agree that you will not allow any other person to use the App to send any information, including PI or PHI to your Designated Physician or to anyone else.  If such person wishes to use the Platform, he or she must download and use their own App with the Platform.

You are solely responsible for ensuring that you use the Platform in accordance with these Terms of Use and only as permitted by the laws or regulations in the jurisdiction where you are located at the time you use the Platform. If any aspect of use of the Platform is not permitted by the laws or regulations in such jurisdiction, we prohibit all access to, and use of, the Platform. You agree to authorize use of geolocation services on your mobile phone or tablet and in the App for Elastic Care to ensure that the use of the Platform is in accordance with these Terms of Use.

As part of the registration process on the Platform, you will be required to provide certain Personal Information such as your full name, date of birth, email address, phone number, and mailing address. You may also be required to provide with other PI or PHI. You agree that you will provide accurate, current and complete information about yourself and promptly update all information to ensure that the information relating to you, is accurate, current and complete. You may update or change your App settings at any time. You are not permitted to transfer, lend or sell your Account to any other person nor provide any person with access to your Account.

  1. Minors and Dependents

A child aged less than 14 (a “Minor”) or a child/spouse who lacks the necessary capacity to give valid consent (each being a “Dependent”) is not permitted to register for an Account or to use the App.

You shall not use a Dependent’s App or Account to obtain Health Related Services for the Dependent unless you are the legal guardian of the Dependent; you must not use your Dependent’s App or Account for that Dependent solely on the basis of your family relationship to the Dependent.

A Dependent may receive Health Related Services via the Platform through an Account set up for the Dependent by their parent or legal guardian, provided that the parent or legal guardian is with the Dependent when the Dependent’s App is used. If you use your Dependent’s App to obtain Health Related Services for your Dependent, you are responsible for complying with these Terms of Use.

  1. Account Confidentiality

You agree that the App and the Platform will only be used by you and that you will not share your App or password to access the App with anyone. You also agree that, for any device on which you can use a biometric identifier to automatically enter your password for the App, including but not limited to a fingerprint or facial image, you will not allow any other person to store their biometric identifiers on that device. You must notify us if you become aware of any potential breach of security, such as the unauthorized disclosure of your password. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the unauthorized use of your Account.

  1. Account Termination and Cancellation

We may terminate, suspend or otherwise restrict or prohibit your access to and use of the Platform at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.  You have the right to close your Account and to stop using the Platform at any time. Please see the Termination and Cancellation section below for more details.

You acknowledge and agree that if we disable your access to the Platform you may still be able to access records of your past Health Related services and any PI or PHI stored on your App on your mobile phone or device. However, you will be unable to initiate any new communication with your Designated Physician Consultations or obtain further Health Related Services using the LifePath App.

  1. Privacy and Personal Health Information

By accessing or using the Platform, you understand and agree that we will collect certain information about you, including your Personal Information (“PI”) and Personal Health Information (“PHI”) as defined in, and in accordance with, our Privacy Policy.  For more information about our collection, use, disclosure and protection of your personal information, please read our Privacy Policy which is available at elasticcare.com/privacy-policy/

  1. Communications

We may send you certain communications in connection with your use of the Platform. For example, we may send you reminders to send information in to your Designated Physician as well as other information about your use of the Platform.  We will send you such communications in respect of your PHI through our Platform. We will also try to send any other communications to you via secure channels. However, when we are unable to contact you via secure channels, we may be required to use an unsecured messaging system.

  1. Appropriate Use of the Platform

Your use of the Platform is subject to all applicable local, provincial, territorial and federal laws and regulations. Unless you have been specifically permitted to do so in a separate agreement with us, you agree that you will not reproduce, reverse engineer, duplicate, copy, sell, trade or resell any features of the Platform or any of our products and services for any purpose.

You agree that you will not record and/or distribute in any way, manner or form the App without our prior written authorization.  In addition, you agree that you will not use the Platform to:

  1. Promote or engage in any unlawful or illegal activities or internet abuse, including unsolicited advertising and spam.
  2. Promote, upload, post, or otherwise make available any material that is abusive, harassing, obscene, vulgar, hateful, invasive of another’s privacy, defamatory or otherwise objectionable or illegal, or that discriminates based on race, gender, religion, nationality, disability, sexual orientation, age, family status or any other legally protected class;
  • Upload, post or otherwise make available any material that contains viruses, malware or other malicious software.
  1. Upload, post, or otherwise make available any material that you do not have a right to make available or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person. You shall be solely liable for any damage resulting from any infringement of the intellectual property of any third-party.
  2. Knowingly provide any false information or make any false representation, including impersonation of any person or entity or misrepresentation of your affiliation with any person or entity.
  3. Engage in any activity that interferes with or disrupts the use of the Platform, including bypassing any measures we may use to prevent unauthorized access to the Platform.
  • Engage in any activity that attempts to extract any proprietary software used to maintain the Platform; or
  • Track, trace or harvest any information on any person who visits the Platform.

You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under these Terms of Use and for the consequences (including any loss or damage which we may suffer) of any such breach. In addition, we reserve the right to investigate, suspend and/or terminate and deactivate your Account if you engage in any of the above activities, misuse the Platform or otherwise engage in acts that Elastic Care regards as inappropriate or unlawful.

  1. Speech and Conduct

If you communicate with Elastic Care you agree that you will refrain from inappropriate language or conduct regardless of whether or not that language or conduct is specifically directed at the individual you are communicating with. Inappropriate language includes but is not limited to speech that is abusive, harassing, vulgar, hateful or defamatory, or which discriminates against other persons based on gender, race, religion, ethnicity, sexual orientation, family status or disability. You also agree that you will not attempt to communicate with any Elastic Care employee through any means other than the email address or phone number we provide to you for this purpose.

  1. Data Charges and Fees for Use of the Platform

You may access and use the Platform through the App loaded onto a mobile device or, via a web browser, where provided. You are solely responsible for any software requirements and for any data charges and fees associated with accessing and using the Platform from such devices.

  1. Geographic Limitations

You acknowledge and agree that the Platform may not be available when you are outside of the areas where the Platform is being offered.

  1. Payments

Elastic Care is providing you with the use of the Platform at no charge as a service to the community.  However, you should be aware that your Designated Physician or other Medical Professional may require you, or your Health Insurance Provider to make payments in respect of any Health-Related Service that you use from them. Elastic Care is not involved in any such financial transactions and receives no compensation or payment from these, or any other parties in this regard.

When you communicate with and/or receive Health Related Services from your Designated Physician you agree that you are entering into a direct business relationship with your Designated Physician. The Elastic Care App and Platform is only used to create a medium of communication for the transfer of information between you and your Designated Physician

YOU AGREE THAT YOU WILL PAY YOUR DESIGNATED PHYSICIAN AND/OR ANY OTHER MEDICAL PROFESSIONAL OR ORGANISATION DIRECTLY, FOR ANY HEALTH RELATED SERVICES YOU RECEIVE, WHICH YOU ARE REQUIRED TO PAY FOR, PURSUANT TO USING OUR PLATFORM. FURTHERMORE, YOU AGREE THAT ELASTIC CARE HAS NO OBLIGATION WHATSOEVER, TO MAKE ANY PAYMENT, OR TO INTERMEDIATE ON YOUR BEHALF WITH ANY PERSON ORGANISATION OR ENTITY, IN RESPECT OF ANY HEALTH RELATED SERVICES WHICH YOU OBTAIN THROUGH USE OF THE LIFEPATH PLATFORM.

  1. Disputes

Any and all disputes between you and your Designated Physician, Medical Professional or other party are between you and your Designated Physician, Medical Professional or such other party and not with us. Under no circumstances do we have an obligation to be involved in or resolve any dispute or provide a refund to you. Neither you, nor your Designated Physician, Medical Professional or any third party shall have any claim against us arising from a dispute or your resolution of a dispute. You release us from all claims of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

  1. Accepting the Terms of Use and Additional Terms

By accessing and using the Platform, you acknowledge that you have read these Terms of Use and all the terms and conditions contained herein.  If you do not agree with any term herein, you must not use the App or the Platform.

We reserve the right to amend, modify and supplement these Terms of Use from time to time as we see fit with additional terms and conditions that govern certain information, content, products and services made available to you via the Platform or the Elastic Care web site (“Additional Terms”).  By accessing and using the Platform, you accept and agree to comply with, and be bound by, such Additional Terms.  You must review these Terms of Use from time to time to ensure that you are aware of and understand any Additional Terms.

The Additional Terms and the Privacy Policy are hereby incorporated by reference into these Terms of Use and form part of the legally binding agreement between you and us. To the extent that there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms shall govern. These Terms of Use will remain in full force and effect as long as you are a user of the Platform and, in the event of termination of any product, service or feature, you will still be bound by your obligations under these Terms of Use and any Additional Terms.

  1. Links to Third-Party Sites

Any third party links you use, arising out of, or in connection with your use of the Platform are not under our control, and we are not responsible for the contents of any such website or any link contained in such website. Your use of any third-party links does not imply a recommendation or endorsement by us of any such website or the products or services offered therein. If you decide to access any third-party websites, you do so entirely at your own risk.  You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party websites.

  1. Ownership of Intellectual Property Rights

The contents of the Platform include, without limitation, all information, data, products, materials, services, software applications and tools, design elements, text, images, photographs, illustrations, audio and video contents, artwork and graphics contained therein or otherwise made available to you in connection therewith (collectively the “Contents”) and, unless the context clearly requires otherwise, or we explicitly say so in writing, the term “Platform” includes all of the Contents.

The Platform together with all trademarks and other intellectual property displayed, distributed, or otherwise made available via the Platform, is the exclusive property of Elastic Care, and its successors, assigns, licensors, and/or suppliers. Unless you have agreed otherwise in writing with us, nothing in these Terms of Use gives you a right to use any of the Contents, our trademarks or other intellectual property of Elastic Care. You may not assign or transfer any of the Contents and you may not grant a license to use or access the Platform to any party.

No information or statement contained in these Terms of Use or the Platform shall be construed as conferring, directly or by implication, estoppel or otherwise, any license or right under any patent, copyright, trademark, or other intellectual property right of Elastic Care or any third party.  You must not alter, delete, or conceal any copyright or other notices contained on the Platform, including notices on any of the Contents that you are permitted to download, transmit, display, print, or reproduce from the Platform. Any unauthorized or prohibited use of any Contents may subject you to civil liability, criminal prosecution, or both, under applicable federal, provincial, state and local laws.

You may not create a link to the Platform without our prior permission. We may, however, if requested, grant a limited, non-exclusive right to create a link to the Platform provided that such link is to the entry page of the Platform and does not portray us or any of our activities or services in a false, misleading, derogatory, or otherwise negative manner.

The limited rights granted to you under these Terms of Use may be revoked by us at any time for any reason whatsoever.

  1. Termination and Cancellation

We may terminate your use of the Platform and/or access to the Contents, features, functionality, products and services made available in connection therewith, at any time and for any reason, with or without cause, without prior notice to you and without any liability.

If you wish to cease use of the Platform you may do so by any of the means below:

  1. By not using the App or the Platform for fifteen days or more.
  2. By removing the app from your mobile device.
  3. By informing us by email.

Your Account will be closed provided that (i) any disputes with us, in which you have been involved have been satisfactorily resolved; (ii) you have met any payment obligations associated with your Account; and (iii) you have completed any other obligation(s) associated with your use of the Platform.

Subject to any applicable laws and the ethical and professional obligations of the Designated Physician or other Medical Professional(s) providing Health Related Services to you, we will have no further obligation of any kind whatsoever to you or any other party. We reserve the right to preserve, retain or delete your information, including personal information, in accordance with the Privacy Policy and any applicable laws and regulations.

  1. Third-Party Information

Any third-party content, data or publications made available through the Platform are furnished by us on an as-is basis for your convenience and information. Any opinions, advice, statements, services, offers, or other information made available by third parties, including Medical Professionals, information providers, or any user of the Platform, are those of the respective author(s) or publisher(s) and not of us. WE DISCLAIM ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IN SUCH PUBLICATIONS IS ACCURATE OR COMPLETE.

  1. Warranty Disclaimer

Some provinces, territories, states and countries do not allow for the exclusion of warranties. In these provinces and territories, you have only the warranties that are expressly required to be provided in accordance with applicable law.

In all other some provinces, territories, states and countries except as expressly provided herein, your use of the Platform is provided to you “as is” and “as available”. We expressly disclaim all other representations, warranties, and conditions, express or implied, including, without limitation, any representation, warranty or condition of merchantability, fitness for a particular purpose, title, or non-infringement, or any warranty arising from a course of dealing, performance, or trade usage. Your sole and exclusive remedy, and our sole obligation to you or any third party for any claim arising out of your use of the platform, is that you are free to discontinue your use of the platform at any time.

  1. Limitation of Liability

Some provinces, territories, states and countries do not provide exclusion of limitation of liability for all types of damages. In such locations, we will only be liable to you for damages that we are expressly required to be liable to you under applicable local law.

In any other case, you expressly understand and agree that we shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you in connection with your use of the platform, however caused and under any theory of liability including, but not limited to, any loss of profit, lost opportunities, loss of data suffered, or other intangible loss.

The limitations on our liability to you in this section shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.

  1. Connectivity

We shall not be liable for delays, interruptions, service failures, or other problems inherent in use of the internet, electronic communications, telecommunications networks or other systems or networks outside our reasonable control.

  1. Indemnification

You agree to indemnify and hold us, our affiliated companies and their respective agents, employees, directors and officers, harmless from any claim or demand, cause of action, liabilities and expenses (including reasonable lawyer’s fees) due to or arising out of: (i) your use of the Platform; (ii) your violation of this Terms of Use; (iii) any misrepresentations made by you; or (iv) your violation of any rights of another.

  1. General

These Terms of Use, together with any Additional Terms, and the Privacy Policy, constitute the entire agreement between you and Elastic Care relating to your use and our provision of the Platform.

You agree that we may provide you with notices, including those regarding changes to these Terms of Use, by email, regular mail, or postings on the Platform.

You agree that if we do not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us.

If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, this will not affect any other provision of these Terms of Use and the agreement between you and us will be deemed amended to the extent necessary to make it legal, valid, and enforceable.

The laws of the Province of Ontario in Canada shall govern these Terms of Use in all respects, without giving effect to conflicts of laws principles.

  1. Obtaining Consent

To request our consent for any actions for which such consent may be required under these Terms of Use, please send an email to info@elasticcare.com. We reserve the right to refuse any such requests in our sole discretion.

Elastic Care is a Canadian healthcare technology company. We have developed an innovative, medical-grade, AI-based software and hardware platform for the remote monitoring and management of patients with chronic medical conditions.

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CONTACT US

95 Apple Creek Blvd. Markham, Ontario L3R 1C7 Canada 1.833.466.9324 (1.833.GOMYECG) support@elasticcare.com

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