Terms of Service

1. Important Notices and Disclaimers

2. Availability

The Services are intended for use only by individuals physically located in Ontario, Canada at the time they access the Services.

Provider availability depends on licensing, regulatory requirements, and operational capacity. If you are outside Ontario at the time of use, you must not use the Services.

3. Eligibility; Representations and Warranties

The Services are offered and available to users who are 18 years of age or older. If you are not 18 years of age or older, you must not access or use the Services. You acknowledge that satisfying the age requirement does not guarantee that you will receive access to the Services and that Feather may establish other eligibility requirements.

As a condition to using or accessing the Services, you represent and warrant that:

• you have fully read and understand these Terms;
• you have the legal power and authority to agree to these Terms and have neither falsely identified yourself nor provided any false information to gain access to the Services; and
• you are located in Ontario, Canada where we operate (depending on the type of Services) and, if you receive telehealth services from a Provider, you are physically located in Ontario, Canada you select in the Services or otherwise confirm to your Provider as your current location at the time of your receipt of such telehealth services.

4. Updates to These Terms

We are constantly changing and improving our Services. We reserve the right to add or remove functionalities, content, or features, and we may suspend or stop the Services altogether with or without notice to you. We also reserve the right, at any time in our sole discretion, to modify these Terms. We will inform you of any changes to these Terms by any reasonable means, including by posting those changes on the Services. Any modifications will be effective immediately upon posting on the Services. By continuing to use the Services after we post revised Terms to the Services, you will be deemed to have accepted the revised Terms.

5. Privacy

Your privacy is important to us. Our collection, use, disclosure, retention, and safeguarding of personal information (including health information) is governed by our Privacy Policy, which is incorporated into these Terms by reference. We comply with PIPEDA and applicable provincial privacy laws. By using the Services, you consent to the handling of your personal information as described in our Privacy Policy.

6. Registration and Account Creation

Although certain parts of the Services are accessible without creating an account, you may be required to create an account to access and use other parts of the Services. If you create an account, you agree to provide information that is current, accurate, and complete, and to maintain and update such information. If you do not maintain such information, or Feather has reasonable grounds to suspect as much, Feather has the right to suspend or terminate your account and your use of the Services.

You agree to keep your username and password confidential. 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 are responsible for changing your password promptly if you think it has been compromised.

You also agree to immediately notify Feather of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the Services by emailing Feather at support@featherhealth.ca. You are responsible for all activities that occur under your account. Feather may take any and all actions it deems necessary or reasonable to maintain the security of the Services.

7. Communication Preferences; Electronic Notices and Signatures

By creating an account and providing your email address and/or phone number, you consent to receive electronic communications from us and, where applicable, from Providers, including:

• operational notices (e.g., account verification, password reset, service updates);
• messages related to your request; and
• receipts and billing communications.

You may incur standard message/data charges from your carrier.

You acknowledge that text messages, phone calls and emails may be unencrypted and carry some risk that the information in the messages, including information about your health, could be read by an unauthorized person. You further acknowledge and agree that Feather cannot guarantee the security and confidentiality of the unencrypted communications that we send to you and are not responsible for any unauthorized access that occurs during or after the transmission of the communications to you.

You agree that any notices, agreements, disclosures, or other communications that we or the Third-Party Provider send to you electronically will satisfy any legal communication requirements, including that such communications be in writing, and you consent and agree that your use of your finger, a keypad, mouse, or other device to select an item, button, icon, or similar act while using the Services, or in accessing or making any transactions regarding any agreement, acknowledgment, consent, terms, disclosures, or conditions, constitutes your signature, acceptance, and agreement as if actually signed by you in writing. You should maintain copies of electronic communications from us by printing a paper copy, saving an electronic copy, or both. Further, you agree that no certification authority or other third-party verification is necessary to establish the validity of your electronic signature, and that the lack of such certification or third-party verification will not affect the enforceability of your signature or any resulting contract between you and us.

8. Payments and Terms of Sale

9. Documentation Delivery and Use

If a Provider approves your request, documentation (e.g., a sick note) will be delivered electronically through the Services.

You acknowledge that:

• documentation is issued based on the information you provide and the Provider’s clinical judgment;
• employers, schools, insurers, or other third parties may have their own acceptance criteria; and
• we do not guarantee acceptance by any third party.

You agree not to alter, falsify, or misuse documentation. Suspected misuse may result in account termination and reporting where legally required or appropriate.

10. Ownership and License to Use the Services

11. Restrictions on Use

You agree that in using or accessing the Services, you will not, and will not attempt to:

• Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
• Reverse engineer, disassemble, decompile, or translate any software or other components of the Services.
• Distribute, input, upload, transmit, or otherwise run or propagate any virus, application, Trojan horse, or any other harmful computer code that could damage or alter a computer, portable device, computer network, communication network, data, or the Services, or any other system, device, or property.
• Access or use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party.
• Use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express prior written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Services.
• License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services, Service Content, or User Content other than as expressly permitted herein.
• Create or develop competing products or services or for any other purpose that is to Feather’s detriment or commercial disadvantage.
• Damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner the Services, Service Content, or User Content, in whole or in part.
• Use framing techniques to enclose any trademark, logo, or the Services without our express prior written consent.
• Post, transmit or otherwise disseminate any content that, as we determine at our sole discretion: (i) is unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, violent, demeaning, intimidating, discriminatory, or racially, ethnically or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights, (ii) is derogatory or harmful to our reputation, the reputation of our licensors, the Practices, or any of our or their respective officers, members, employees, representatives, licensors and/or suppliers, in any way; (iii) may incite violence or other unlawful activity; or (iv) is harmful to children in any manner; or (v) attempts to obtain the personal information of other users.
• Harm, harass, threaten, abuse, defame, demean, discriminate against, or intimidate any other user of the Services, as we determine in our sole discretion.
• Disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to the Services or any computer network.
• Bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by Feather or any of our service providers to protect the Services.
• Remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services or any Services Content or User Content.
• Use any manual process or automated device to monitor or copy any content made available on or through the Services for any unauthorized purpose except as permitted herein.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• Copy, duplicate, download, store in a retrieval system, publish, transmit or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to Feather or third-party content from the Services.
• Otherwise use the Services in any manner that exceeds the scope of use granted herein.
• Encourage or enable any other individual to do any of the foregoing.

We reserve the right to take appropriate action, including suspending access, terminating accounts, and contacting authorities where required or appropriate.

12. Third-Party Links and Services

The Services may contain hyperlinks, plug-ins, products, or features operated by third parties (“External Links”). Such External Links are not under our control, and we are not responsible for the information, products or services described by, or for the content or features of, any such External Links. We are providing these External Links to you only as a convenience, and the inclusion of any External Links does not necessarily imply endorsement of the External Links by us or any association with its operators. Your use of these External Links is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any content, errors, damage, or loss caused by or in connection with use of or reliance on information contained in or provided to the operators of any External Links.

13. Termination

Feather may terminate or suspend any of the rights granted by these Terms and your access to and use of the Services with or without prior notice, for any reason, and at any time, including for violations of these Terms. The following provisions, and any other provision which by its nature should survive termination, will survive the expiration or termination of these Terms for any reason whatsoever: Ownership and License to Use the Services; Third-Party Provider Data, User Content, and Feedback; Indemnification; Disclaimer of Warranties; Limitation of Liability; Governing Law, Dispute Resolution, and Arbitration; and Miscellaneous Terms.

14. Indemnification

You agree to indemnify, defend, and hold harmless Feather and all of their officers, directors, managers, partners, members, employees, contractors, agents, successors and assigns (collectively, “Related Persons”), from and against any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorneys’ fees, litigation expenses, and accounting fees), relating to or arising from, or alleged to arise from: (i) your use of the Services, the Services Content, or other materials or features available on the Services, (ii) your User Content, (iii) your fraud, violation of law, negligence, or willful misconduct, or (iv) your breach of these Terms. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without our prior written consent.

15. Disclaimer of Warranties

THE SERVICES AND SERVICES CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FEATHER AND ITS RELATED PERSONS MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OR SYSTEM INTEGRATION. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.

YOU ACKNOWLEDGE THAT ANY SERVICES CONTENT, MATERIAL AND/OR INFORMATION OBTAINED THROUGH THE USE OF THE SERVICES ARE USED AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER FEATHER NOR ANY OF ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR USEFULNESS OF THE SERVICES AND SERVICES CONTENT. FURTHERMORE, FEATHER DOES NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND FEATHER DISCLAIMS ANY LIABILITY RELATING THERETO.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FEATHER OR ITS RELATED PERSONS BE LIABLE TO YOU OR TO ANY PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE OR DATA, SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE SERVICES OR ANY SERVICES CONTENT, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES. THIS IS TRUE EVEN IF FEATHER OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

IN NO EVENT WILL FEATHER OR ITS RELATED PERSONS’ TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE GREATER OF (1) THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES IN THE SIX (6) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM, OR (2) $100 CAD.

Some provinces/territories do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages such as in this section. Accordingly, some of these limitations may not apply to you in their entirety.

17. Governing Law and Dispute Resolution

IMPORTANT NOTE: PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND FEATHER OR ANY OF ITS RELATED PERSONS TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM FEATHER OR ANY OF ITS RELATED PERSONS. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND FEATHER AND ITS RELATED PERSONS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

18. Miscellaneous Terms