ACCEPTANCE OF TERMS: This Terms of Use Agreement (“TOU”) governs your access to and use of the Brainbot Inc. (“Brainbot,” “we,” “us,” or “our”) platform, including the Brainbot website located at https://www.brainbot.co/ (the “Website”), the Brainbot Tracker mobile app, and our Authorized Healthcare Professional Service Offering (collectively, the “Brainbot Platform”). The term “you” refers to the person or entity visiting, browsing, or otherwise using the Brainbot Platform. BY ACCESSING AND USING THE BRAINBOT PLATFORM, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TOU. IF YOU DO NOT ACCEPT THESE TOU, DO NOT USE THE BRAINBOT PLATFORM. DO NOT USE THE PLATFORM FOR MEDICAL EMERGENCIES. If you have a medical emergency, call 911 immediately or attend the emergency room of the nearest hospital or health center. Under no circumstances should you attempt self-treatment based on any Content (as defined below).
MODIFICATIONS TO THE TOU: Brainbot reserves the right to change these TOU at any time. Such modifications shall become effective immediately upon posting thereof. We will notify you of any significant changes to these TOU by email or through a notice on the Brainbot Platform. Your continued access to or use of the Brainbot Platform after any changes to these TOU indicates your acceptance of such changes. It is your responsibility to review these TOU regularly. BRAINBOT ALSO RESERVES THE RIGHT TO CHANGE ANY INFORMATION, MATERIAL OR CONTENT (INCLUDING, BUT NOT LIMITED TO, PRICING, FEATURES AND AVAILABILITY OF PLATFORM SERVICES (AS DEFINED HEREIN)) CONTAINED ON OR PROVIDED THROUGH THE PLATFORM (THE “CONTENT”) AT ANY TIME, AND FROM TIME TO TIME, WITHOUT NOTICE.
AVAILABILITY AND USE OF BRAINBOT PLATFORM: The Brainbot Platform is available to all residents of Canada. However, the Authorized Healthcare Professional Services are only available to residents of certain provinces. During the intake process, you will be asked to provide information about your location. If our services are not available in your region, you will be notified at that time. Please ensure accurate location information is provided during intake to determine your eligibility for our services. As a condition of your use of the Brainbot Platform, you warrant that: (1) you have reached the age of majority in your jurisdiction of residence; (2) you possess the legal authority to create a binding legal obligation; (3) you will use the platform in accordance with these TOU; (4) all information supplied by you on the platform is true, accurate, current, and complete; and (5) if you are accessing or using the platform on behalf of another person or a corporate entity, you represent and warrant that you have the authority to bind such person or entity to these TOU. The Brainbot Platform is provided solely (the “Permitted Use”) to: (1) assist you in gathering information about the various services offered by Brainbot; (2) if and as permitted by Brainbot and these TOU, enable you to use the Brainbot Platform and receive any services offered to you through the Brainbot Platform including the Healthcare Services (as defined below); (3) if applicable, facilitate any payments from you in respect of your use of the Brainbot Platform or the receipt of any services through the Brainbot Platform; and (4) if and as permitted by Brainbot and these TOU, provide feedback and otherwise communicate with Brainbot in connection with any of the foregoing ((1) through (4) collectively, in these Terms of Use defined as “Platform Services”). Brainbot retains the right, at its sole discretion, to deny access to anyone to the Brainbot Platform or the services it offers, at any time and for any reason, including, but not limited to, for violation of these TOU. You will cease and desist from any such access or use immediately upon request by Brainbot.
GRANT OF LICENSE: If you are a temporary or permanent resident of the provinces where Brainbot operates and subject to these TOU, Brainbot grants you a personal, limited, revocable, non-exclusive, non-assignable, and non-transferable license to access and use the Brainbot Platform for your own use in accordance with these TOU. Use of the Brainbot Platform beyond the scope of the authorized access granted to you by Brainbot immediately terminates this license. Subject to these TOU and the terms of Brainbot’s Privacy Policy, you provide Brainbot your consent and grant to Brainbot a perpetual, transferable, irrevocable, royalty-free, fully paid-up, worldwide, and fully sublicensable license to access, collect, store, use, copy, modify, distribute, and display any content, data, information, records, and files that you load, transmit to, or enter into the Brainbot Platform. This license is necessary for Brainbot to operate, maintain, and improve its services.
SERVICES PROVIDED: 1. Brainbot Tracker: The Brainbot Tracker is a mobile app designed to assist users in managing their health. The app collects personal health information from users, which can be transmitted to the user's clinical care team upon the user’s explicit request. It is important to note that the Brainbot Tracker does not provide medical advice, diagnoses, or treatments, nor does it establish a therapeutic relationship between the user and Brainbot or its affiliates. 2. Authorized Healthcare Professional Services: Brainbot's Authorized Healthcare Professional services involve the provision of occupational therapy by licensed occupational therapists and related healthcare services by other qualified professionals. These services include the collection and use of personal health information to deliver personalized care, advice, and treatment. By engaging in our Authorized Healthcare Professional Services, users establish a therapeutic relationship with the healthcare professionals providing the care, but not with Brainbot as an entity. These services may be provided through in-person consultations, telehealth, or a combination of both, depending on the user's needs and location.
USER RESPONSIBILITIES: 1. General Responsibilities: - Provide accurate information. - Maintain the confidentiality of their account information. - Use the platform in accordance with these TOU. 2. Brainbot Tracker Specific Responsibilities: - Provide accurate health information. - Request the transmission of this information to their clinical care team as desired. 3. Healthcare Services Specific Responsibilities: - Provide accurate health information. - Comply with treatment recommendations.
SECURE LOG-IN: Although certain parts of the Brainbot Platform are accessible to the public, in order to access the Brainbot Tracker and Healthcare Services (as set out below) users must be issued log-in credentials (e.g., log-in identification and password) to access the secure, non-public areas of the Brainbot Platform (“Registered Users”). In order to do so, a Registered User must register for and maintain an active personal account (“User Account”). To qualify for a User Account, you must be at least the age of majority in your jurisdiction of residence. Registered Users may request Healthcare Services for themselves or, in the case of minors, on behalf of those for whom they are a parent or legal guardian. Registered Users may include temporary or permanent residents of the provinces where Brainbot operates, healthcare professionals, healthcare decision-makers, and legal guardians of pediatric patients. If you have been issued log-in credentials by Brainbot, you are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur under your password. You must not share your password with any other person. You agree to (a) immediately notify Brainbot of any unauthorized use of your password or account or any other breach of the security of the Brainbot Platform of which you reasonably suspect or become aware. Brainbot cannot and will not be liable for any loss or damage arising from your failure to comply with this section, and you will indemnify Brainbot in respect of any losses suffered by Brainbot or claims made against Brainbot that are attributable to any loss or damage arising from your failure to comply with this section. You are responsible for all activity that occurs under your User Account, and you agree to maintain the security and secrecy of your User Account username and password at all times. Unless otherwise permitted by Brainbot in writing, you may only possess one User Account. You are responsible for changing your password promptly if you think it has been compromised. You may not transfer or share your password with anyone, or create more than one account. You may not use anyone else’s account at any time. You may not collect or harvest personal data of any other user of the Brainbot Platform, including user account names or login credentials. Brainbot explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section.
SERVICES: Authorized healthcare professionals such as occupational therapists and other authorized healthcare providers (“Authorized Healthcare Professionals”) may provide healthcare services, including telehealth services (“Healthcare Services”) through the Brainbot Platform in accordance with applicable law. The availability of Healthcare Services depends on your province of residence and the presence of licensed professionals in that location. During the intake process, you will be asked to provide information about your location. If our services are not available in your region, you will be notified at that time. Please ensure accurate location information is provided during intake to determine your eligibility for our services. The rules regarding telehealth may differ among provinces; therefore, the Healthcare Services that are available to you will depend on your province of residence and the location you are in at the time you request the services. As with any other healthcare consultation, no results can be guaranteed or assured in connection with the Healthcare Services. You are responsible for providing the Authorized Healthcare Professional with the information that they advise is required to provide you with Healthcare Services. Note that an Authorized Healthcare Professional reserves the right to assess whether a person has the capacity to provide consent to his or her Healthcare Services on a case-by-case basis. You understand that telehealth involves the delivery of healthcare services using electronic communications, information technology, or other means between a healthcare provider and a patient who are not in the same physical location. Telehealth may be used for diagnosis, treatment, follow-up, and/or related patient education and may include, but is not limited to: (a) electronic transmission of medical records, photo images, personal health information, or other data between a patient and healthcare provider; (b) interactions between a patient and healthcare provider via audio, video, secure messaging, and/or data communications; and (c) use of output data from medical devices, sound, and video files. By consenting to receive Healthcare Services using the Brainbot Platform, you acknowledge and understand that there are potential material risks associated with telehealth, including but not limited to (a) poor quality audio-video connections, and (b) delays in evaluation or treatment resulting from technology failures. By becoming a Registered User, you consent to receiving the Brainbot Tracker services and/or Healthcare Services that you request through the Brainbot Platform. Authorized Healthcare Professionals may communicate with you via the Platform Services and direct information relevant to your care to the appropriate channels.
APPOINTMENT CANCELLATION AND REFUND POLICY: If you cancel your scheduled Assessment Service or Follow-Up Appointment no less than 24 hours in advance, the following terms will apply:
1. Rescheduling within 5 Business Days: If you reschedule your Assessment Service or Follow-Up Appointment within 5 business days of your cancellation, your Fees will be applied to the rescheduled Assessment Service or Follow-Up Appointment. 2. Not Rescheduling within 5 Business Days: If you do not reschedule your Assessment Service or Follow-Up Appointment within 5 business days of cancellation, the amount of the Fees processed by the Payment Processor will be refunded, and any additional payments that would have otherwise been processed by the applicable Payment Processor in respect of such Fees will not be applied. For the avoidance of doubt, except as otherwise agreed to by Brainbot in our sole discretion, if you cancel your Assessment Service or Follow-Up Appointment less than 24 hours in advance of your scheduled appointment or if you do not attend your scheduled appointment, you will not be entitled to any refund in respect of the Assessment Service or Follow-Up Appointment and the entire amount of the Fees payable for the Assessment Service or Follow-Up Appointment will be applied as Fees for a missed appointment.
PRIVACY AND INFORMATION DISCLOSURE: Your privacy is important to us. By using the Brainbot Platform, you agree that your personal information and personal health information will be collected, used, disclosed, and managed in accordance with our Privacy Policy. The Privacy Policy is incorporated into these TOU by reference and forms an integral part hereof. For more information, please see our Privacy Policy at https://www.brainbot.co/privacy-policy. Brainbot has implemented reasonable administrative, technical, and physical safeguards in an effort to protect against unauthorized access, use, loss, modification, and disclosure of Information in our custody and control. We employ encryption protocols for data in transit and at rest, using industry standards such as Transport Layer Security (TLS). Despite these measures, the transmission of information over the Internet is not completely secure, and we cannot guarantee the security of your Information transmitted through the Brainbot Platform. Use of the platform is at your own risk. By using the Brainbot Platform, you explicitly consent to the sharing of your personal information and personal health information with third-party applications and health devices as necessary to provide the services you request. This consent includes any data integration and sharing with third-party service providers, applications, or wearable devices you authorize to connect with the Brainbot Platform. You may revoke this consent at any time by contacting us at info@brainbot.co, but doing so may limit the functionality of certain services.
LIMITATIONS ON SERVICE: You agree that Brainbot has no responsibility or liability for the deletion or failure to store or provide any content maintained or transmitted by the Brainbot Platform. You acknowledge that Brainbot reserves the right at any time to modify or discontinue the Brainbot Platform (or any part thereof) with or without notice, and that Brainbot shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Brainbot Platform.
FEES AND PAYMENT: Brainbot may, in its sole discretion but subject to applicable laws, offer some of the Platform Services (collectively, the “Services”) to you at no cost or charge you fees in accordance with then-current fee rates applicable to such Services. Unless otherwise expressly indicated, all fees are quoted in Canadian dollars. The fees payable by you for accessing the Platform Services are clearly listed in the relevant section of our website. For certain services, following the completion of an assessment, we will provide you with several options for different levels of service from which you can choose. You agree to pay the fees applicable to the Platform Services you have selected, and, if applicable, any additional charges set out in any other information, materials, or terms that you consent to in connection with the Services (collectively, the “Fees”), in accordance with the invoice and payment terms set out therein or in these Terms of Use. ALL FEES PAID BY YOU ARE FINAL AND NON-REFUNDABLE, UNLESS OTHERWISE DETERMINED BY BRAINBOT OR AS DESCRIBED BELOW. The Fees do not include applicable sales, use, gross receipts, value-added, GST or HST, personal property, or other taxes. You will be responsible for and pay all applicable taxes, duties, tariffs, assessments, export and import fees, or similar charges (including interest and penalties imposed thereon) on the transactions contemplated in connection with these Terms of Use, other than taxes based on the net income or profits of Brainbot. You will provide Brainbot or, if applicable, one or more third-party payment processors (each, a “Payment Processor”) with the information necessary to process a payment from you, including the billing information requested through the Platform Services or on the applicable Payment Processor’s platform. Brainbot will provide the Payment Processor with your name and email address for the purpose of processing payments. The processing of payments will be subject to the terms, conditions, and privacy policies of the applicable Payment Processor, if any, in addition to these Terms of Use. We are not responsible for any error by, or other acts or omissions of, any Payment Processor. You may pay Fees by any manner then available through the Platform Services or the applicable Payment Processor’s platform applicable to such Service. By submitting your payment information to us or the applicable Payment Processor, you authorize us or the Payment Processor to charge the applicable payment method at our or their convenience (but, in any event, within 30 days of credit card authorization). For certain Healthcare Services, you will have the option to use a Payment Processor that may permit you to pay the Fees owed by you to obtain such Healthcare Service over a period of time; however, this option will not be available for all Healthcare Services and you may need to engage with more than one Payment Processor if you wish to receive more than one Healthcare Service through Brainbot. If you elect to use a Payment Processor that processes your payment over time, you acknowledge that this option has been made available for your benefit and should not be considered an attempt by Brainbot to sell or transfer any debt owed for Healthcare Services by virtue of making this Payment Processor option available to you. You represent and warrant that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. We reserve the right to correct any errors or mistakes that any Payment Processor makes even if it has already requested or received payment.
OWNERSHIP, PROPRIETARY RIGHTS AND THIRD PARTY WEBSITES: All Content, including all designs, infrastructure graphics, pictures, illustrations, software, artwork, video, music, sound, names, words, titles, phrases, logos and marks displayed on the Brainbot Platform, are owned or licensed by Brainbot and are protected by copyright, trademark and other intellectual property laws. Brainbot expressly reserves all rights in the Brainbot Platform, and all materials provided by Brainbot in connection with these TOU, that are not specifically granted to you. You acknowledge that all right, title and interest in the Brainbot Platform, all materials provided by Brainbot in connection with these TOU (including the Content), and any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein, will remain with Brainbot (or third party suppliers, if applicable), and that the Brainbot Platform, and all materials provided by Brainbot hereunder are licensed and not “sold” to you. Brainbot may provide links to third-party websites or access to third-party content, websites, or services. Any third-party content linked to or provided through the Brainbot Platform is owned by the respective third parties and is subject to their terms and conditions. Brainbot does not claim ownership of such third-party content and disclaims any responsibility or liability for the content, accuracy, legality, or appropriateness of any third-party content. Trademarks displayed in conjunction with such third-party content, websites, or services are the property of their respective owners. Brainbot does not endorse the information contained on those websites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability, or fitness for any purpose. Third-party content, websites, services, or systems are not under Brainbot's control, and if you choose to access any such content, websites, or services, you do so entirely at your own risk. You acknowledge that you may be required to accept terms of use applicable to third-party content, websites, services, or systems and agree to accept and comply with any such terms of use. Please review carefully the third-party's policies and practices (including in relation to privacy and personal information) and make sure you understand them before you use those sites or engage in any transaction through them. Your interactions with organizations or individuals found on or through the Platform Services, including payment and delivery of goods and services, and any other terms, conditions, warranties, or representations associated with such interactions, are solely between you and such organizations or individuals. You agree that to the fullest extent permitted by applicable law, Brainbot is not responsible or liable for any loss or damage of any sort incurred as the result of any such interactions. OTHER THAN FOR YOUR PERSONAL CONFIDENTIAL USE, YOU FURTHER AGREE NOT TO REPRODUCE, DUPLICATE OR COPY WHETHER BY PRINTING OR SAVING TO A DESKTOP, CONTENT FROM THE Brainbot PLATFORM WITHOUT THE EXPRESS WRITTEN CONSENT OF BRAINBOT, AND AGREE TO ABIDE BY ANY AND ALL COPYRIGHT NOTICES DISPLAYED ON THE BRAINBOT PLATFORM. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Brainbot Platform. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Brainbot Platform.
NO UNLAWFUL OR PROHIBITED USE: You will not, without Brainbot’s prior written permission, use the Brainbot Platform and the Content for purposes other than the Permitted Use. Without limiting the generality of the foregoing, you will not, and will not permit anyone else to: (1) 'frame', 'mirror' or otherwise incorporate the Brainbot Platform or the Content or any part thereof on any commercial or non-commercial website; (2) access, monitor or copy any part of the Brainbot Platform or the Content using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (3) violate the restrictions in any robot exclusion headers on the Content or the Brainbot Platform or bypass or circumvent other measures employed to prevent or limit access to the Brainbot Platform; (4) take any action that imposes, or may impose, in Brainbot’s discretion, an unreasonable or disproportionately large load on the Brainbot Platform; (5) deep-link to any portion of the Brainbot Platform for any purpose; (6) remove (or permit anyone else to remove) any watermarks, labels or other legal or proprietary notices included in the Brainbot Platform or the Content; (7) modify or attempt to modify (or permit anyone else to modify or attempt to modify) the Brainbot Platform or any Content, including any modification for the purpose of disguising or changing any indications of the ownership or source of the Brainbot Platform or the Content; (8) use the Brainbot Platform or the Content as part of any service for sharing, lending or multi-person use, or for the purpose of any other institution, except as specifically permitted by Brainbot and only in the exact manner specified and enabled by Brainbot; (9) attempt to, assist, authorise or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect the Brainbot Platform or the Content; (10) copy, reproduce, modify, distribute, transfer, sell, publish, broadcast, perform, transmit, publish, license or circulate in any form any part of the Brainbot Platform or the Content; (11) create derivative works based on the Brainbot Platform or the Content, in whole or in part, or to decompile, disassemble, reverse engineer or other exploit any part of the Brainbot Platform or the Content; (12) use the Brainbot Platform in a manner that violates the rights (including to intellectual property rights) of any third party, including by providing, uploading or transmitting any User Content that violate such third-party rights; or (13) upload to or transmit through the Brainbot Platform any User Content that is offensive, hateful, obscene, defamatory or violates any applicable laws, in each case as determined by Brainbot in its sole discretion.
VIRUSES: The downloading and viewing of Content is done at your own risk. Brainbot cannot and does not guarantee or warrant that the Brainbot Platform or the Content are compatible with your computer system or that the Brainbot Platform or the Content, or any links from the Brainbot Platform or the Content, will be free of viruses, worms, trojan horses, or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs, or connections of and to your computer system that may be necessary as a result of your use of the Brainbot Platform.
DISCLAIMER AND LIMITATION OF LIABILITY: THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY, OR CERTAIN DAMAGES OR LIMITATIONS OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. ALTHOUGH WE STRIVE TO UPDATE AND KEEP ACCURATE AS MUCH AS POSSIBLE THE CONTENT CONTAINED ON THE WEBSITE, ERRORS AND/OR OMISSIONS MAY OCCUR. ACCORDINGLY, THE BRAINBOT PLATFORM, THE CONTENT, THE PATIENT COMMUNITY, AND THE SUPPORT GROUP ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND. USE OF THE BRAINBOT PLATFORM IS AT YOUR OWN RISK. BRAINBOT DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE BRAINBOT PLATFORM, THE CONTENT, THE PATIENT COMMUNITY, OR THE SUPPORT GROUP. THE PLATFORM, THE CONTENT, THE PATIENT COMMUNITY, AND THE SUPPORT GROUP MAY INCLUDE ERRORS, OMISSIONS, AND INACCURACIES, INCLUDING, PRICING ERRORS (AS APPLICABLE). BRAINBOT DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE BRAINBOT PLATFORM, THE CONTENT, THE PATIENT COMMUNITY, OR THE SUPPORT GROUP. IN ADDITION, BRAINBOT EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON THE BRAINBOT PLATFORM. TO THE FULLEST EXTENT PERMITTED BY LAW, BRAINBOT DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND WITH RESPECT TO THE BRAINBOT PLATFORM, THE CONTENT, THE PATIENT COMMUNITY, AND THE SUPPORT GROUP WHETHER EXPRESS, IMPLIED, STATUTORY, OR COLLATERAL, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, THAT ARISE OUT OF A COURSE OF DEALING OR TRADE, OR THAT THE BRAINBOT PLATFORM, THE CONTENT, THE PATIENT COMMUNITY, OR THE SUPPORT GROUP ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL BRAINBOT BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES, OR OTHER LIABILITIES), WHETHER OR NOT BRAINBOT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE BRAINBOT PLATFORM, THE CONTENT, THE BRAINBOT PATIENT COMMUNITY, OR THE SUPPORT GROUP. You acknowledge and agree that Brainbot does not provide medical advice, diagnosis, or treatment, and that the Platform is strictly a technology platform and infrastructure for connecting patients with Authorized Healthcare Practitioners, including occupational therapists and other Authorized Healthcare Practitioners in Brainbot’s network. You acknowledge and agree that the Authorized Healthcare Practitioners using the Brainbot Platform are solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all medical and clinical services, including diagnosis, treatment, and medication decisions, and other professional healthcare services performed, and that all diagnoses, treatments, prescriptions, and other professional healthcare services will be provided and performed exclusively by or under the supervision of Authorized Healthcare Practitioners, in their sole discretion, as they deem appropriate. TO THE EXTENT THAT THE FOREGOING LIMITATION DOES NOT APPLY, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF BRAINBOT AND ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SPONSORS, CONTRACTORS, AND LICENSORS IN CONNECTION WITH OR UNDER THESE TOU OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE BRAINBOT PLATFORM, THE CONTENT, THE PATIENT COMMUNITY, THE SUPPORT GROUP, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF, OR INABILITY TO MAKE USE OF, THE BRAINBOT PLATFORM, THE CONTENT, THE PATIENT COMMUNITY, OR THE SUPPORT GROUP EXCEED THE AGGREGATE AMOUNT OF THE FEES PAID BY YOU TO BRAINBOT IN THE PREVIOUS ONE YEAR PERIOD. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TOU WILL NOT INCREASE THE MAXIMUM LIABILITY AMOUNT. The limitation above reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.
INDEMNITY: You will defend, indemnify, and hold harmless Brainbot and its affiliates and all of their respective officers, directors, employees, agents, sponsors, contractors, and licensors from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought in connection with or as a result of: - your breach of any of your warranties, representations, or obligations under these TOU; - your misrepresentation or inclusion of false information when registering as a user of the Brainbot Platform; - your violation of any applicable law or the rights of a third party (including intellectual property rights); - any injury, including but not limited to bodily harm or death, to you or any third party that may result from your use of or reliance on the Platform, any Content, the Patient Community, or the Support Group; or - your use of the Brainbot Platform, the Content, the Patient Community, or the Support Group.
GEOGRAPHIC APPLICATION OF THE BRAINBOT PLATFORM: The products and services described on the Brainbot Platform are only available in the jurisdictions where Brainbot operates. During the intake process, you will be asked to provide information about your location. If our services are not available in your region, you will be notified at that time. Please ensure accurate location information is provided during intake to determine your eligibility for our services. Furthermore, nothing on the Brainbot Platform constitutes an offer or solicitation to buy or sell any product or service to anyone in any jurisdiction in which such an offer or solicitation is prohibited by law. Specifically, you acknowledge and agree that the products, services, and/or material described on the Brainbot Platform, or the Healthcare Services available through the Brainbot Platform, are not appropriate or available for use in locations outside Canada, and may not function in all locations within Canada.
DISCLOSURES: All Authorized Healthcare Practitioners on the Brainbot Platform are licensed or accredited to practice their applicable regulated health profession by the applicable regulatory authority in the province or territory of Canada where they practice. You can report a complaint relating to Healthcare Services provided by an Authorized Healthcare Practitioner on the Platform and/or by contacting the professional regulatory college(s) in the province(s) where the Healthcare Services were received. In a professional relationship, sexual intimacy is never appropriate and should be reported to the professional regulatory college(s) that licenses, registers, or certifies the licensee.
GOVERNING LAW AND JURISDICTION: Unless the applicable laws of your jurisdiction require that the laws of your jurisdiction govern, you hereby agree that (a) all aspects of the relationship between you and Brainbot (as well as its agents, delegates, employees, and any Authorized Healthcare Professionals), including any Healthcare Services provided to you, and (b) the resolution of any and all disputes arising from or in connection with that relationship, including any disputes arising under or in connection with these TOU, shall be governed by and construed in accordance with the laws of the province where Brainbot operates (other than conflict of laws rules) and the laws of Canada applicable therein. You hereby acknowledge that the Healthcare Services received by you will be provided in Canada and that the Courts of the province where Brainbot operates shall have exclusive jurisdiction to hear any complaint, demand, claim, proceeding, or cause of action, whatsoever arising from or in connection with those Healthcare Services, or from any other aspect of the relationship between you and Brainbot. These laws apply to your access to or use of the Brainbot Platform or the Content, notwithstanding your domicile, residency, or physical location. The Brainbot Platform and the Content are intended for use only in jurisdictions where they may be lawfully offered for use.
ENTIRE AGREEMENT, WAIVER, AND SEVERABILITY: These TOU constitute the entire agreement between Brainbot and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Brainbot with respect to the Brainbot Platform. A printed version of these TOU and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these TOU to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Headings are inserted for convenience of reference only and will not affect the construction or interpretation of these TOU. The word 'including' or 'includes' means 'including (or includes) without limitation.' Brainbot's failure to insist upon or enforce strict performance of any provision of these TOU will not be construed as a waiver of any provisions or right. If any of the provisions contained in these TOU are determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, such determination will not affect the remaining provisions contained herein.
