Terms of Use

As part of Therabyte’s Services, patients are able to schedule appointments with you as healthcare professionals for remote telehealth consultations over telecommunication using infrastructures such as video-conferencing, computers, and smartphones (the “Telehealth Portal”). In addition to the terms set forth in our Terms of Use, and Therabyte’s Privacy Policy, the following terms apply to your use of Therabyte’s Telehealth Portal and form part of the Therabyte Services.

Therabyte Portal

For clarity, Therabyte is not a healthcare provider and does not provide medical care or advice.

Therabyte, as part of our Services, provides you with access to a Telehealth Portal that allows you to offer Telehealth Services as part of your practice. As part of the Services, you acknowledge and agree that Therabyte is not responsible for informing you or ensuring that any and all obligations for providing telehealth as required by your college or governing body are implemented by you. For example, if your college requires that you implement certain procedures for the safety of the patient, it is up to you to ensure those procedures are in place.

The Therabyte Portal may contain some beta products that are available “as is”. Beta products will be added as the Therabyte Portal evolves and your input on these features and all features of the Therabyte Portal are encouraged.

Account, Privacy and Consent

A patient books a Telehealth appointment with you and then Therabyte will send the patient a welcome email to create an account for the patient and provide access to the Therabyte Telehealth portal.

A link will be provided to the patient to set their password, which link will only be valid for a specified period of time. If that period of time expires, an additional link will have to be requested. Sessions are authenticated with a link and password provided by Therabyte. All Therabyte communications received by your patient to schedule the appointment and access the session with you are part of your Services and on your behalf. Therabyte shall in no way be considered as a party to the relationship between yourself and your patient.

You are responsible for verifying the patient’s identity, obtaining consent for the provision of telehealth services and for ensuring that either the patient is 18 years of age or the appropriate consent has been received from the patient’s guardian.

Any personal information, including personal health information (the “PHI”) (collectively the “Personal Information”) requested or obtained by you during the Telehealth session is not shared or disclosed with Therabyte and/or otherwise collected by Therabyte.

You understand that Therabyte shall in no circumstance be considered a custodian of your patient’s Personal Health Information.

With respect to personal information that may be collected, used or stored by Therabyte further to your use of the Telehealth Portal, such as their name, e-mail address, credit card information will be governed by Therabyte’s Privacy Policy.

No Representation as to Qualifications

Therabyte does not make any representations or warranties about your training or skills re: Telehealth. You shall be solely and fully responsible for the accuracy, quality, completeness, reliability, timeliness and appropriateness of the Telehealth Services you render to your patients.

THE BOOKING PLATFORM SHALL NOT BE USED FOR MEDICAL EMERGENCIES OR URGENT SITUATIONS. IN CASE OF AN EMERGENCY, CALL 911 IMMEDIATELY.

Security Safeguards

Therabyte will maintain industry-standard administrative, physical and technical safeguards to prevent the unauthorized access, use or disclosure of data, including live-streamed sessions through our Services. Our Telehealth Portal, excepting some communication methods, uses end-to-end encryption communication encryption to ensure the security of the connection. Our data is stored as per applicable privacy laws. Further safeguards to ensure privacy such as a private room, blocking interruptions, ensuring the telehealth session cannot be overheard and are properly ended are your responsibility. It is also your responsibility to ensure that all devices are properly secured with passwords and privacy settings. Therabyte is not able to remotely configure, monitor, certify or troubleshoot video devices and other computer devices.

Limitation of Therabyte’s liability

UNDER NO CIRCUMSTANCE SHALL THERABYTE OR ANY OF ITS RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES, CLAIMS, EXPENSES OR OTHER COSTS (INCLUDING WITHOUT LIMITATION LEGAL FEES) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE TELEHEALTH PORTAL, PAYMENT PROCESSOR OR THE TELEHEALTH SERVICES PROVIDED BY YOU. THERABYTE SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO YOU RELATED TO YOUR USE OF THE BOOKING SERVICES, PAYMENT PROCESSOR OR THE TELEHEALTH SERVICES PROVIDED BY YOU.

Indemnification

You agree to indemnify, defend and hold harmless Therabyte, its officers, directors, employees, agents and licensors from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from your use of the Telehealth Portal or your violation of these terms and conditions or any activity (including negligent or wrongful conduct) related to your use of the Telehealth Portal.

Contact us:

If you have any questions about the Telehealth Portal, the Therabyte Services or any other part of the Services or Site, you can contact Therabyte’s Customer Support by sending an email to: inquiries@therabyte.ca

By using our Services you provide us with information, files and attachments that you submit to Therabyte (together, “your data”). You retain full ownership to your data. We don’t claim any ownership to any of it. These Terms do not grant us any rights to your data or intellectual property except for the limited rights that are needed to run the Services, as explained below.

By the same token, you’re also responsible for your data–you need to ensure that you have the right to provide us with it and to allow us to use your data to provide you with the Services and in accordance with these Terms, and to setup the necessary policies, processes and procedures for the proper management of your data–this includes, but it is not limited to, policies for user-requested data, law enforcement requests, retrieval of data after termination of the Services, etc. By using our Services, you agree to take all liability for any claims relating to your data, and indemnify, defend and hold us harmless against those claims.

We may need your permission to do things you ask us to do with your data, for example, hosting your information and attachments, or sharing them at your direction. This includes product features visible to you, for example, image thumbnails or document previews. You agree that, by requesting those services, you’re giving us permission to use your data to the extent needed to do the things that you request.

We may also need to make design choices to technically administer our Services, for example, how we redundantly backup data to keep it safe, and some of those design choices may require us to move, share or technically manipulate your data; however, the integrity and the privacy of your data will continue to be respected. You give us the permissions we need to do those technical things solely to provide the Services. This permission also extends to trusted third parties we work with to provide the Services, for example Canadian Web Hosting, etc.; which provide our IT infrastructure (again, only to provide the Services).

To be clear, aside from the rare exceptions we identify in our Privacy Policy, no matter how the Services change, we won’t share your content with others for any purpose unless you direct us to. We comply with all applicable privacy laws respecting our processing and storage of any personal information that may be used in conjunction with the Services, and we deal with your data under these general principles:

• Lawfulness, fairness and transparency: We may not reveal the granular details of how we protect your data, because that would compromise its security — but we will let you know why we need it, what we need it for, and process it securely and in accordance with applicable laws. If you have any questions respecting your data and how it’s being used, you need only ask us, and we will answer.
• Limitations of purpose: We will limit use of your data to the extent necessary to provide you with the Services, with the clear exceptions that are set out in our Privacy Policy.
• Minimization of data: We only collect information that we need, and that you choose to give to us. We will not collect personal information gratuitously from you for no reason.
• Accuracy: We make reasonable efforts to keep your data accurate and up to date, based on your input; if you notify us of any changes to your data, we will make sure to change it in our systems in a timely manner.
• Limitation of data retention: We believe in streamlining the way that we handle data so that it minimizes data redundancy and unnecessary retention. We have instituted processes to delete personal information from our systems when it is no longer required. Furthermore, any and all data and communications shall be retained to minimally meet any applicable legal or ethical reporting or document retention requirements.
• Integrity and confidentiality: We process your information using appropriate technical or organisational measures designed to ensure appropriate security of your personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage.

How we collect and use your information generally is also explained in our Privacy Policy.

You are solely responsible for your conduct, the content of your files and folders, and your communications with others while using the Services. For example, it’s your responsibility to ensure that you have the rights or permissions needed to comply with these Terms.

We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Services.

Files and other content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You, not Therabyte, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services.

You, and not Therabyte, are responsible for maintaining and protecting all of your data. Therabyte does make scheduled backups as part of our best practices. Therabyte will not be liable for any loss or corruption of your data, or for any costs or expenses associated with backing up (above and beyond regular scheduled backups) or restoring any of your data.

You are responsible for using the Services in accordance with this Agreement and all applicable law – this includes not transmitting harassing, abusive, libelous, illegal or deceptive messages or information; committing, attempting to commit or helping to commit a crime or other illegal or tortious acts, including any infringement of intellectual property rights; or any activities that violate any third party’s privacy rights. This also includes not engaging in any activity that could interfere with, degrade, or adversely affect any software, system, network or data used by Therabyte and/or other users of the Services (including by ensuring that you do not upload any viruses or other harmful code in using the Services).

If your contact information or other information related to your account, changes, you must notify us promptly and keep your information current. The Services are not intended for use by you if you are under 13 years of age. By agreeing to these Terms, you are representing to us that you are over 13 years of age.

You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. As a corollary to this, you are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify Therabyte of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of data or files to Therabyte, it is your responsibility to use a secure encrypted connection to communicate with the Services.

Therabyte makes every effort to keep its Services, Content, website, and application secure. Therabyte accepts no liability for any loss, disruption, or damage incurred by Users to its data, computer, or software, that is a result of unauthorized access by any person who has caused a loss due to any data breach or hacking, even if such breach or hack was the mistake of Therabyte. Users are responsible for taking their own precautions to ensure the electronic process employed for accessing Services, website, or application, does not expose them to the risk of viruses, malicious computer code, Trojan horses, worms, or otherwise, that may interfere, infect, or damage their computers, software, or data. Furthermore, Therabyte limited liability shall extend should any Therabyte computer, server, or software malfunction, and cause you any of the aforementioned losses. Therabyte has taken precautions to prevent any malfunction, however you hereby agrees to accept full liability for any loss, of any kind, should they occur.

Therabyte hereby grants you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. Your license to use the Services is automatically revoked if you violate these Terms in a manner that implicates our intellectual property rights. We hereby reserve all rights not expressly granted in these Terms. Our Services will update the software automatically when a new version is available.

As we are providing the Software under Canadian law, we need you to comply with certain basic statutory parameters about your rights to use the Software. Accordingly, you hereby represent and warrant that (i) you are not located in a country that is subject to a Canadian or U.S. Government embargo, or that has been designated by the Canadian or U.S. Governments as a “terrorist supporting” country; and (ii) you are not listed on any Canadian or U.S. Government list of prohibited or restricted parties.

These terms do not grant you any right, title, or interest in the Services, Software, or the content in the Services. While we appreciate it when users send us feedback, please be aware that we may use any feedback; comments; or suggestions you send us without any obligation to you, and that by sending us the feedback, you are giving us the right to use it at our own discretion. The Software and other technology we use to provide the Services are owned or licensed by Therabyte, and are protected by copyright, trademark, and other laws of the United States, Canada and foreign countries. It is therefore your responsibility to fully comply with such laws in using and handling the Services and Software. Nothing herein shall be construed as constituting a sale of the Software or any portion thereof to you. These Terms do not grant you any rights to use the Therabyte trademarks, logos, domain names, or other brand features outside of the scope of the Service, without written consent. Any rights not expressly granted to you in these Terms are reserved.

You will not, and will not attempt to, misuse the Services, and will use the Services only in a manner consistent with the Therabyte Acceptable Use Policy.

The Services may contain links to third-party websites or resources. Therabyte does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources.

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 Therabyte application. Your credit card details are stored at a trusted and secure payment gateway used by Therabyte for payment processing.

When upgrading your plan, you will be pro-rata credited for the remainder of your current plan. You will then be charged *at the rate of the new plan until your billing date*.

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, you will be responsible for paying GST on top of the subscription fees.

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

All monthly subscription fees must be paid monthly in advance. Or as per the agreed plan.

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 Therabyte website, notices within the Service itself, or by email correspondence.

All subscriptions are set to auto-renew and are non-refundable. Once purchased, refunds will not be issued for any reason, including but not limited to early termination, dissatisfaction with services, or changes in circumstances. Upon purchasing a plan, you will be entitled to use the clinic’s services for the entire duration of the subscription period.

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.

These Terms will apply to your use of the Services from the date that you sign up for the Services until the date that your Services are terminated as described below.

Though we’d much rather you stay, you can stop using our Services at any time – just notify us that you want to terminate your use of the Services. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will make various attempts to inform you in advance and support you by providing the necessary instructions to retrieve your data. There may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately. You still need to pay us for all your use of the Services up to the date of termination.

Though we want to provide a great service, there are certain things about the service we can’t promise. THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE SPECIFICALLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, OR NON-INFRINGEMENT. Therabyte makes no representations or warranties whatsoever concerning any information obtained through the Services, and Therabyte will not be responsible or liable for the accuracy, copyright compliance, or legality of any material contained in or accessed through the Services. You therefore acknowledge that Therabyte has no special relationship with or fiduciary duty to you, and has no duty to take any action regarding any acts or omissions taken by you or any other user of the Services, including without limitation: (a) which users use the Services, (b) what material you or other users access on or through the Services, (c) how you or any other user may interpret or use materials accessed through the Services, or (d) what actions you may take as a result of having been exposed to information obtained through the Services. Therabyte will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software. Some jurisdictions do not allow the types of disclaimers in this paragraph, so they may not apply to you; however, in such cases, these disclaimers shall be deemed to apply to the maximum extent allowable by such jurisdictions.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THERABYTE, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANYTHING OTHER THAN YOUR DIRECT DAMAGES, IF ANY. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THERABYTE EXCEED THE AMOUNT PAID BY YOU FOR THE PORTION OF THE SERVICES THAT GAVE RISE TO THE CLAIM. THERABYTE SHALL HAVE NO LIABILITY WHATSOEVER TO YOU OR ANY PARTY CLAIMING BY OR THROUGH YOU FOR THE ACCURACY, TIMELINESS OR CONTINUED AVAILABILITY OF THE SERVICES, AND YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SOFTWARE IS TO CEASE USE OF SUCH SOFTWARE. EXCEPT FOR THE FOREGOING DIRECT DAMAGES, IN NO EVENT WILL THERABYTE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT THERABYTE HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some states/provinces/territories do not allow the types of limitations in this paragraph, so they may not apply to you; however, in such cases, these limitations shall be deemed to apply to the maximum extent allowable by such jurisdictions.

We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or terms page, so please check those pages regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.

THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY ALBERTA LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE PROVINCIAL COURTS OF ALBERTA, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. These Terms constitute the entire and exclusive agreement between you and Therabyte with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. Therabyte’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but Therabyte may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Therabyte and you are not legal partners or agents; instead, our relationship is that of independent contractors.

If you have any questions about these Terms of Service, please contact us at inquiries@therabyte.ca.