Psirenity Platform Terms of Use

IMPORTANT NOTICE: Psirenity Inc. (“Psirenity” or “we”) last updated the Terms of Use (User Agreement) (“Terms”) on July 26, 2022. We post the current version of the Terms at www.psirenity.com. We reserve the right to amend the Terms at any time to account for changes in applicable law and regulations, our services, our practices, and/or the Psirenity Platform (as defined below). Please check to see if we have amended these Terms since you last used the Psirenity Platform. We may but are not obligated to post notice of amendments. By using the Psirenity Platform, participating in any Psirenity programs or receiving any services from Psirenity after the amendment of these Terms, you are agreeing to comply with and be bound by the amended Terms (including the linked documents referred to in these terms), as revised from time to time.

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND PSIRENITY. THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE PSIRENITY PLATFORM. BY SIGNING UP FOR AN ACCOUNT, CHECKING THE “I ACCEPT” BOX, OR BY USING OR ACCESSING THE PSIRENITY PLATFORM OR ANY OF THE SERVICES, YOU EXPRESSLY: (1) CONSENT TO THE AUTHORIZED PROVIDERS PROVIDING COACHING AND TELEHEALTH SERVICES VIRTUALLY AND/OR ELECTRONICALLY THROUGH THE PSIRENITY PLATFORM; AND (2) AGREE TO BE BOUND BY THESE TERMS (INCLUDING THE LINKED DOCUMENTS REFERRED TO IN THESE TERMS), AS REVISED FROM TIME TO TIME. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST NOT ACCESS OR USE THE PSIRENITY PLATFORM. IF YOU ARE DISSATISFIED WITH THESE TERMS OR ANY OTHER TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES APPLICABLE TO THE PSIRENITY PLATFORM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESS TO AND USE OF THE PSIRENITY PLATFORM.

You acknowledge the Psirenity Privacy Policy (the “Privacy Policy”) located at www.psirenity.com, as revised from time to time, and you consent and agree to our collection, use and disclosure of personal information, including personal health information, as described in the Privacy Policy.

A. The Psirenity Platform and Services.

Psirenity Inc. (“Psirenity”, “we”, “us”), offers a health and wellness management program through its information technology platform consisting of applications, websites, content, products and services (collectively referred to as the “Psirenity Platform”). The Psirenity Platform enables registered users (“Users”, “you”, “your”) to access services provided by healthcare professionals and health coaches (collectively, “Authorized Providers”) and certain other services related to your health and wellness (the “Services”).

Virtual health care services are also delivered through integration with a third party telehealth care provider that offers interactive text, audio and/or video technology, where the patient and the healthcare professional are not in the same physical location. These services may include services provided by physicians and nurse practitioners authorized by the applicable health regulatory college to provide medical services (the “Medical Services”).

The services may also include services provided by registered health coaches that provide health wellness and coaching services (the “Coaching Services”). Medical Services and Coaching Services shall collectively be referred to as “Telehealth Services”.

The Psirenity Platform also enables Users to store certain personal and personal health information (collectively “PHI”), and to share their PHI with Authorized Providers to aid in optimizing healthcare outcomes and continuity of care.

B. Eligibility and Account Set-up.

In order to open an account to use the Psirenity Platform (“Psirenity Account”), you must:

For clarity, nothing in these Terms requires Psirenity to accept any registrant as a User, notwithstanding that the registrant meets Psirenity’s eligibility requirements as amended from time to time. Supplementary Terms specific to certain Users may also apply. Any supplementary Terms are hereby incorporated into and become part of these Terms.

You are responsible for maintaining the confidentiality of your username and password of your Psirenity Account. Psirenity recommends that you use a strong password, that you change it frequently, and that you do not reuse passwords. Psirenity may reject, or require that you change, your username or password. You are solely responsible for all activities that occur under your account. You shall abide by all applicable local, provincial, national and foreign laws, treaties and regulations in connection with use of the Psirenity Platform, including those related to data privacy, international communications and the transmission of technical or personal information. If you become aware of any unauthorized use of your Psirenity Account, you must notify Psirenity immediately. It is your responsibility to update or change your Psirenity Account information, as appropriate.

C. Licence.

Psirenity grants you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable licence to use the Psirenity Platform and Services on behalf of you and on behalf of your Registered Dependents, and the content that Psirenity makes available to you on the Psirenity Platform, including marketing materials, text, audio, video, photographs, maps, illustrations, graphics, the trademarks and other media (“Content”), in each case subject to and conditional on your continued compliance with the terms and conditions of these Terms. All Content available through the Psirenity Platform is owned by Psirenity and Psirenity’s third-party providers. All Content is provided for informational purposes only, and you are solely responsible for verifying the accuracy, completeness, and applicability of all Content and for your use of any Content. These Terms permit you to use the Services for your personal use only, and not for any commercial purpose other than for purposes as set out in these Terms. For greater certainty, Psirenity, in its sole discretion, may terminate or suspend your license to use the Psirenity Platform or Content at any time, for any reason or no reason, with or without notice to you, and without any liability to you or any other person. If Psirenity terminates or suspends your license to use the some or all of the Psirenity Platform or Content, these Terms will nevertheless continue to apply in respect of your use of the Psirenity Platform and Content prior to such termination or suspension.

D. User Representations and Warranties.

You represent and warrant (promise) to Psirenity and acknowledge that Psirenity is relying on your representations and warranties that:

E. Nature and Scope of Telehealth Services.

  1. Authorized Providers, Relationship with User. Only regulated health professionals and health coaches who are authorized by law and the applicable health regulatory college to do so will provide Telehealth Services to Users.
  2. Telehealth Licensing Requirements. Each province and territory of Canada has its own rules about who may provide Telehealth Services and the conditions for doing so. Depending on the rules in the province or territory in which you reside, Authorized Providers providing Telehealth Services may not be located in your province or territory of Canada when delivering the Telehealth Services to you. We display the jurisdiction in which Authorized Providers are located when we connect you to them for a consultation. In some cases, information about where Authorized Providers are located is available on our website.
  3. Not a Replacement for Primary Care. Telehealth Services do not take the place of appointments with your regular primary care provider. If you do not have a primary care provider, we encourage you to find one. Psirenity does not provide your primary care provider with a report of the Telehealth Services that you receive. We strongly recommend that you at least notify your primary care provider that you received, and the reason for which you received Telehealth Services so that your primary care provider can take them into account, including any medications prescribed for you.

F. Services Terms.

As a term and condition of receiving Services, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING:

  1. the Psirenity Platform is a technology platform that facilitates connecting Users with Authorized Providers for the provision of Services. While Psirenity facilitates access to Services provided by Authorized Providers, it is not registered to provide Services and does not do so as more particularly described below;
  2. AUTHORIZED PROVIDERS ARE SOLELY RESPONSIBLE FOR THE SERVICES THAT THEY PROVIDE TO YOU, INCLUDING COMPLIANCE WITH STANDARDS OF CARE, RECORD-KEEPING AND OTHER PROFESSIONAL OBLIGATIONS AND COMPLIANCE WITH PRIVACY LAW;
  3. as the rules regarding regulated health professions and telehealth differ among jurisdictions (and may differ from time to time), the Services that are available to you may depend on your jurisdiction of residence and the location you are in at the time you request the services;
  4. you will only request Services for you and not anyone else;
  5. as with any other similar service, no results can be guaranteed or assured in connection with Services. Your Authorized Provider may determine Services are not appropriate for some or all of your needs or that they are not permitted to provide the services you have requested and may elect not to provide Services to you. Authorized Providers also have the discretion to discontinue the provision of Services to you at any time and for any reason;
  6. you are responsible for providing the Authorized Provider with the information that they advise is required in order to provide you with Services. If you decline to provide that information, the Authorized Provider may not be able or willing to provide you with Services;
  7. through the provision of the Services, Psirenity may offer you the opportunity to receive and take natural health products samples . You agree that your acceptance of this offer for natural health product samples is voluntarily and you assume any risks associated with receiving and taking any natural health products provided to you by Psirenity.
  8. PRODUCT AND GENERAL HEALTH INFORMATION PROVIDED BY PSIRENITY THROUGH THE PSIRENITY PLATFORM, IS FOR EDUCATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE MEDICAL ADVICE. IF YOU HAVE VOLUNTARILY AGREED TO RECEIVING NATURAL HEALTH PRODUCT SAMPLES FROM PSIRENITY, YOU ACKNOWLEDGE THAT YOU HAVE SELECTED PRODUCTS BASED ON YOUR OWN INDIVIDUAL NEEDS, AND THAT YOU WILL READ AND FOLLOW THE PRODUCT LABEL. SOME PRODUCTS MAY NOT BE RIGHT FOR YOU. IF YOU HAVE ANY QUESTION WHETHER A PRODUCT MAY BE RIGHT FOR YOU, PLEASE CONSULT YOUR HEALTH CARE PROVIDER.
  9. as with any other similar services delivered by virtual means, there are risks associated with the delivery of the Services by virtual means (i.e. using the Platform). By receiving the Services, you acknowledge the potential risks associated with the delivery of the Services virtual means. These risks include but are not limited to the following: information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical or health care decision making by an Authorized Provider; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to your medical records may result in adverse drug interactions or allergic reactions or other judgment errors; although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail causing a breach of privacy of your health information. Other risks of the use of electronic means to transmit and store information are described in our Privacy Policy posted at www.psirenity.com ;
  10. THE PSIRENITY PLATFORM CANNOT BE USED FOR EMERGENCY HEALTHCARE. IF YOU BELIEVE THAT YOU ARE DEALING WITH AN EMERGENCY, YOU WILL CALL 911 IMMEDIATELY OR ATTEND YOUR NEAREST EMERGENCY ROOM.
  11. the following symptoms are NOT eligible to be treated through the Services: Among other symptoms or conditions more suitable for attention by an emergency room physician, any impairment in level of consciousness; stroke like symptoms such as impaired sensation or paralysis to one side of your body; or inability to speak or comprehend language, and symptoms or conditions more suitable for attention by a primary care provider;
  12. Only physicians and nurse practitioners providing Services (and no other Authorized Providers) may prescribe medications as part of the Services, but all prescribing practices are in the sole discretion of the physician or nurse practitioner (based, on other things, such as the rules of the applicable health regulatory college).
  13. you will report any non-emergent medication reactions, side effects or other adverse events to your primary care provider or specialist (as appropriate), or other care provider via the nearest walk-in clinic. You will report all emergent medication reactions, side effects or other adverse events by attending to your closest emergency room or by calling 911;
  14. you will seek emergency help or follow-up care when recommended by an Authorized Provider; and
  15. Psirenity and/or Authorized Providers may disclose User’s PHI without such person’s consent to a third party where required or permitted to do so by applicable law, including, for example, where an Authorized Provider is permitted by appliable law to disclose a User’s (or Registered Dependent’s) PHI if the Authorized Provider believes that such disclosure is necessary to eliminate or reduce a significant risk of serious bodily harm to a person(s).

G. Technology-Related Terms.

As a term and condition of using the Psirenity Platform, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING.

  1. You are prohibited from and will not:
    1. remove or alter any copyright, trademark, brand elements or other proprietary notices;
    2. reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Psirenity Platform except as expressly permitted by Psirenity;
    3. decompile, reverse engineer or disassemble the Psirenity Platform;
    4. link to, mirror or frame any portion of the Psirenity Platform;
    5. cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Psirenity Platform, or unduly burdening or hindering the operation and/or functionality of any aspect of the Psirenity Platform;
    6. use the Psirenity Platform to send unsolicited bulk or commercial messages in violation of the laws and regulations applicable to your jurisdiction, or to store or transmit any virus, Trojan horse, worm, or other software, script or code, the effect of which is to permit unauthorized access to, or to alter, disable, encrypt, erase, or otherwise harm, any computer, systems, software or data;
    7. attempt to gain unauthorized access to or impair any aspect of the Psirenity Platform, or its related systems or networks;
    8. impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
    9. probe, scan, or test the vulnerability of the Psirenity Platform, or its related systems or networks, or breach the security or authentication measures on them
    10. collect, harvest, reverse look-up, trace, or otherwise seek to obtain any information on any other user of or visitor to Psirenity Platform;
    11. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Psirenity Platform or its related systems or networks;
    12. use the Psirenity Platform in a manner that violates any laws.
  2. You will:
    1. keep secure and not disclose to anyone your Psirenity Account username and password; and
    2. refrain from using abusive language or inappropriate conduct when communicating with anyone through the Psirenity Platform, including Authorized Providers.
  3. You will not contact Authorized Providers in respect of Services except through the Psirenity Platform. For clarity, Psirenity has no interest in or control over any interaction that you may have with Authorized Providers that is unrelated to Services or your use of the Psirenity Platform.
  4. The Psirenity Platform may contain or be provided together with free or open-source software. Notwithstanding the sections titled, “License” (Section C) and Ownership (Intellectual Property Rights) (Section L), each item of free or open-source software is subject to its own applicable license terms, which can be found in the applicable documentation or that applicable help, notices, about or source files as required by the terms of the applicable open-source license. Copyrights to the free and open-source software are held by the respective copyright holders indicated therein.
  5. The Psirenity Platform may allow you to access and use services provided by third parties (“Third Party Services”), including when providing the Telehealth Services. You are responsible for all fees and taxes that may be charged for the use of Third Party Services. You use any Third Party Services at your own risk. Psirenity makes no representations or warranties with respect to, nor does it guarantee or endorse, any Third Party Services. Psirenity does not guarantee the continued availability of Third Party Services, and Psirenity may disable a Third Party Service in Psirenity’s sole discretion. Your dealings with the provider of any Third Party Services are solely between you and the provider. Accordingly, Psirenity expressly disclaims responsibility and liability for all Third Party Services, and you agree that Psirenity shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as a result of your use of Third Party Services. If you have any issues with a Third Party Service, you must contact the provider of the Third Party Service directly.
  6. Unless otherwise permitted by Psirenity in writing, you may only have one Psirenity Account.
  7. Psirenity may at any time, with or without notice, without liability, and for any reason (a) remove any Content from the Psirenity Platform, (b) remove any functionality from the Psirenity Platform, (c) change any functionality on the Psirenity Platform, (d) modify the Psirenity Platform, and (e) deny any person access to the Psirenity Platform. Psirenity furthermore reserves the right to take any action related to the Psirenity Platform or the Content that is required to comply with applicable law.

H. Business Terms.

As a term and condition of using the Psirenity Platform Telehealth Services, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING.

  1. Fees for Services that are not covered by a public health insurance plan (“Public Insurance Plan”) of your province or territory of residence (“Uninsured Services”) (e.g. the Coaching Services) will be required to be paid for privately (by you or someone on your behalf). Fees for Services that are covered by your Provincial Insurance Plan (“Insured Services”) will be billed directly to the Public Insurance Plan.
  2. You may be charged a fee for any Uninsured Services you receive from an Authorized Provider, unless the fee is paid by a third party payer (for example, your employer or insurer) that has entered into an agreement with Psirenity.
  3. You (or a third party on your behalf) will pay all applicable fees for Uninsured Services as further described in Section Q below and as amended from time to time. We encourage you to contact us if you have questions about fees charged for Services.

I. Privacy.

PHI you provide to Authorized Providers is collected and maintained by the Authorized Providers, as explained in the Privacy Policy. The Privacy Policy also describes Psirenity’s collection, use, disclosure, retention, and destruction of PHI. As the Privacy Policy forms part of these Terms, it is essential that you review the Privacy Policy prior to agreeing to these Terms.

J. Termination, Effect of Termination.

On notice to you, Psirenity may immediately, at any time and for any reason, terminate your access to the Psirenity Platform and/or your participation in any Services, or cease providing the Psirenity Platform or any portion of the Psirenity Platform and/or any Services. Psirenity has the right to select the means by which it gives you notice. These Terms will continue to apply so long as you continue to have access to the Psirenity Platform or participate in any Services, notwithstanding that you or Psirenity choose to terminate your use of one but not both (or only a portion) of the Psirenity Platform and the Services. On termination of your Psirenity Account, Psirenity will have no further obligation to provide you with access to the Psirenity Platform, except to the extent that Psirenity has an obligation to provide you with access to your PHI. You may close your Account at any time, for any reason, by logging in to your Psirenity Account. Upon termination of your account, any outstanding fees for the Services shall be due and payable immediately. Our management of your PHI on the closure of your Psirenity Account is described in the Privacy Policy.

K. Ownership (Intellectual Property Rights).

The Psirenity Platform, the Content, this website, the Services and all other content and rights therein, except PHI, are and will remain Psirenity’s property or the property of Psirenity’s licensors. Neither these Terms nor your use of the Psirenity Platform convey or grant to you any rights to use or reference in any manner Psirenity’s brand elements, company name, logo, product and service names, trademarks or services marks or those of Psirenity’s licensors. You are not permitted to copy or otherwise reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any Content (as defined below), except as expressly permitted by these Terms.

L. Our Content.

None of the Content available through the Psirenity Platform with the exception of Telehealth Services is health professional advice, treatment, diagnosis or an endorsement, representation or warranty that any particular treatment is safe, appropriate, or effective for you. Content is for informational purposes only. It is your responsibility to discuss any Content with your primary care provider or another qualified healthcare provider prior to relying on it, and any reliance on Content is at your own risk. Content and material appearing on the Psirenity Platform could include technical, typographical or photographic errors. Psirenity does not warrant that any of the materials provided are accurate or current.

M. Your Content.

  1. The Psirenity Platform enables you to provide and upload content that includes but not limited to feedback, messages, text, images, graphics, geographic data, and other information or content (collectively, "Your Content"), to the Psirenity Platform for the purposes of making Your Content available to Authorized Users. You acknowledge and agree that you are solely responsible for all Your Content you submit, provide or upload and the consequences for submitting, providing or uploading it. Your Content must comply with all laws and these Terms.
  2. Psirenity will use Your Content in connection with providing the Services to you. Subject to applicable laws, You agree that by providing any of Your Content in whatever form and through whatever means, you grant to Psirenity a perpetual, worldwide, irrevocable, non-exclusive, sublicensable, royalty-free license to use, reproduce, process, display, publish, distribute, and make available to the Authorized Users all or any portion of Your Content in connection with providing the Services to you, and to incorporate Your Content in any form into the Services. This license includes the right to host, index, cache or otherwise format Your Content. In posting Your Content, you represent to Psirenity that you have obtained at your own expense all necessary consents, rights and permissions required to grant to Psirenity the license provided in this Section.
  3. You represent and warrant that you own Your Content or have the necessary licenses, rights, consents and permissions to grant the license set forth herein and that its provision to Psirenity and Psirenity's use of Your Content will not violate the copyrights, privacy rights, publicity rights, trademark rights, contract rights or any other intellectual property rights or other rights of any third party.
  4. You agree that Psirenity is not responsible for any violations of any third-party intellectual property rights in any of Your Content. You agree to pay all royalties, fees and any other monies owing to any person by reason of the Your Content uploaded, displayed or otherwise provided by you to the Psirenity Platform. You will only include in Your Content the personal information of another individual if you have the express permission of that individual or if you are otherwise entitled to do so at law.
  5. Your Content shall not:
    1. violate any applicable law including any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or that otherwise may be in conflict with these Terms.
    2. In any manner violate any third party right or any agreement between you and a third party.
    3. Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Psirenity’s sole discretion.
    4. Involve, provide, or contribute any false, inaccurate, or misleading information.
    5. Impersonate or attempt to impersonate us, our employee(s), another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing or that are not yours).
    6. Transmit, or procure the sending of, any advertisements or promotions, sales, or encourage any other commercial activities, including, without limitation, any "spam", "junk mail", "chain letter", contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
    7. Encourage any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm us or users of the Psirenity Platform or other Services or expose them to liability.
    8. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
    9. Promote any illegal activity, or advocate, promote, or assist any unlawful act.
    10. Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.
  6. Psirenity has the right, without notice to:
    1. Remove or refuse to post any of Your Content for any or no reason in our sole discretion.
    2. At all times, take such actions with respect to any of Your Content Psirenity deems necessary or appropriate in our sole discretion.
    3. Take appropriate legal action, including, without limitation, referral to law enforcement or any other governmental authority with respect to Your Content or your use of any of the Services. Without limiting the foregoing, we will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Psirenity Platform or other Services.
  7. Psirenity has no obligation, nor any responsibility to any party to monitor the Psirenity Platform or other Services, and do not and cannot undertake to review material that you or other users submit. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.

N. Disclaimer.

THE PSIRENITY PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” PSIRENITY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, COMPLETENESS, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, PSIRENITY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES REQUESTED THROUGH USE OF THE PSIRENITY PLATFORM, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. PSIRENITY FURTHER MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE CONTENT WILL BE SECURE, OR THAT THE PSIRENITY PLATFORM OR ANY FILES OR INFORMATION THAT YOU MAY DOWNLOAD FROM THE PSIRENITY PLATFORM, OR THAT THE CONTENT, WILL BE FREE FROM MALICIOUS OR HARMFUL CODE OF ANY SORT. PSIRENITY MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE ABOUT ANY THIRD PARTY WEBSITES, THIRD PARTY SERVICES, NATURAL HEALTH PRODUCTS OR OTHER PRODUCTS OR RELATED CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE PSIRENITY PLATFORM. PSIRENITY DOES NOT GUARANTEE THE QUALITY, SUITABILITY OR SAFETY OF THE SERVICES AND YOU AGREE TO ASSUME ALL RISK ARISING OUT OF YOUR USE OF THE PSIRENITY PLATFORM, AND ANY RISK RELATED TO THE SERVICES. YOU ASSUME ALL RISK ARISING OUT OF YOUR USE OF ANY OF THE SERVICES AND ARE SOLELY RESPONSIBLE FOR ENSURING THAT ANY REFERRAL YOU MAKE TO PSIRENITY IS MADE IN COMPLIANCE WITH ANY APPLICABLE LAW, INCLUDING WITHOUT LIMITATION CANADA’S ANTI-SPAM LEGISLATION (CASL). YOUR USE OF THE PSIRENITY PLATFORM, THE SERVICES, AND THE CONTENT IS AT YOUR OWN RISK.

In some circumstances, applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages. Solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations in this Section O may not apply to you.

O. Limitation of Psirenity’s Liability.

  1. PSIRENITY, (WHICH IN THIS SECTION N INCLUDES ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS AND INDEPENDENT THIRD PARTY CONTRACTORS) SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE PSIRENITY PLATFORM AND/OR THE SERVICES, OR YOUR INABILITY TO ACCESS OR USE THE PSIRENITY PLATFORM AND/OR THE SERVICES OR ANY DELAY IN YOUR DOING SO; (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY AUTHORIZED PROVIDER. PSIRENITY IS NOT LIABLE FOR YOUR INFORMATION STORED OR RECORDED BY ANY COMPUTER, TABLET, MOBILE DEVICE OR ANY NETWORK, WHETHER PUBLIC OR PRIVATE, THAT YOU MAY USE TO ACCESS THE PSIRENITY PLATFORM OR (iii) YOUR VOLUNTARILY USE OF ANY NATURAL HEALTH PRODUCT SAMPLES PROVIDED BY PSIRENITY THROUGH THE PSIRENITY PLATFORM AND/OR THE SERVICES.
  2. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING, UNDER NO CIRCUMSTANCE WILL PSIRENITY BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING PROFESSIONAL NEGLIGENCE, PERSONAL INJURY, LOST INCOME OR LOST DATA, RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE PSIRENITY PLATFORM AND/OR THE SERVICES PROVIDED BY AUTHORIZED PROVIDERS OR FROM ANY USE OF THE NATURAL HEALTH PRODUCT SAMPLES PROVIDED BY PSIRENITY THAT WERE VOLUNTARILY TAKEN BY YOU.
  3. NOTWITHSTANDING THE ABOVE, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF PSIRENITY FOR ANY DAMAGES, LIABILITY OR LOSSES, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND EXPENSES) OWED TO YOU RELATED TO THE PSIRENITY PLATFORM, THE SERVICES THE CONTENT, THE USE OF THE SAMPLE NATURAL HEALTH PRODUCTS, OR THESE TERMS, EXCEED THE LESSER OF (A) THE DIRECT DAMAGES SUFFERED BY YOU, AND (B) ONE HUNDRED CANADIAN DOLLARS ($100 CAD).
  4. In some circumstances, applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages. Solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations in this Section P may not apply to you.

P. Indemnity.

You agree to indemnify and hold Psirenity (which in this Section includes its directors, officers, employees, agents and shareholders) harmless from any and all claims, demands, losses, liabilities, and expenses (including reasonable legal fees) arising out of or in connection with: (i) your use of the Psirenity Platform and the Services obtained through your use of the Psirenity Platform; (ii) your breach or violation of any of these Terms; or (iii) your violation of the rights of any third party, including Authorized Providers, other Users, any person on whose behalf you request the Services, and/or referred friends. Through the Psirenity Platform, you may use certain services that are not provided by Psirenity and that we identify to you for your convenience, for example, prescription delivery services. To the extent that a service is not provided by Psirenity, you will be given notice prior to using that service, and if you elect to proceed, you acknowledge and agree that you will be contracting with the service provider and not Psirenity.

Q. Fees, Payment Options.

Psirenity manages payment through Shopify, which allows for payment using all major credit cards and paypal.Not all options are available to all Users.

R. General Provisions

License to Use Your Submission and Feedback. You grant to Psirenity and its affiliates a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) license to use and incorporate into its Services and Content any ideas, suggestions, enhancement requests, recommendations, corrections or feedback in the form of message, text, images, graphics, photos, audio, video and any other content provided by you.

Apple App Store. The following applies to any Platform App you obtain from the Apple App Store (an “Apple Platform App”): You acknowledge and agree that these Terms are solely between you and Psirenity, and not with Apple, Inc. (“Apple”) and Psirenity, not Apple, is solely responsible for the Apple Platform App and the content thereof. You may only use the Apple Platform App on Apple branded products that you own or control. You must comply with the App Store Terms of Service. In the event of any inconsistency between a term of these Terms and a term of the App Store Terms of Service, the term of the App Store Terms of Service will prevail. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple Platform App. In the event of any failure of the Apple Platform App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple Platform App (if any) to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple Platform App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Psirenity as the supplier of the Apple Platform App. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple Platform App or your possession and/or use of the Apple Platform App, including, but not limited to (a) product liability claims, (b) any claim that the Apple Platform App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to Psirenity as supplier of the Apple Platform App. You acknowledge that, in the event of any third-party claim that the Apple Platform App or your possession and use of the Apple Platform App infringes that third party’s intellectual property rights, Psirenity, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, to the extent required by these Terms. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the U.S. Code of Federal Regulations, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. If you have any questions, complaints or claims with respect to the Apple Platform App, you may direct them to Psirenity Inc by email at info@psirenity.com. You agree to comply with all applicable third-party terms of agreement when using the Apple Platform App, including your wireless data service agreement. You and Psirenity acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and you will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

Google Play Store. The following applies to any Platform App you obtain through the Google Play Store (a “Google Platform App”): You acknowledge and agree that these Terms are solely between you and Psirenity, and not with Google, Inc. or any of its subsidiaries (collectively, “Google”). You must comply with Google’s then-current Google Play Terms of Service. In the event of any inconsistency between a term of these Terms and a term of the Google Play Terms of Service, the term of the Google Play Terms of Service will prevail. Google is only a provider of the Google Play Store where you obtained the Google Platform App. Psirenity, and not Google, is solely responsible for the Google Platform App. Google has no obligation or liability to you with respect to the Google Platform App or these Terms. You acknowledge and agree that Google is a third-party beneficiary of these Terms.

Mobile Device Data Charges. You are solely responsible for any data charges and similar fees associated with your use of the Psirenity Platform or the other Services through a mobile device.

Push Notifications. The Psirenity Platform may includes push notifications or other mobile communication capability. You hereby approve Psirenity’s delivery of electronic communications directly to your mobile device. These notifications may include information regarding your upcoming appointments, recent transactions or payment reminders. The notifications may be delivered to your device even when the Psirenity Platform is running in the background. You have the ability, and it is your responsibility, to control the notifications you do, or do not, receive through your device. It is your responsibility to keep your account information secure when using this feature.

Entire Agreement. These Terms constitute the entire agreement and understanding of Psirenity and you with respect to their subject matter, and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding the subject matter.

Revisions to Terms of Use. Psirenity reserves the right, in its sole discretion, to terminate your access to all or part of this website and the Psirenity Platform, with or without cause, and with or without notice. Psirenity reserves the right to modify these Terms of Use at any time, effective upon posting. Any use of this website after such changes will be deemed an acceptance of those changes. You agree to review the Terms of Use each time you access this website so that you may be aware of any changes to these Terms. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between Psirenity and you pertaining to the subject matter hereof. In its sole discretion, Psirenity may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this website.

Governing Law. These Terms are governed by the laws of Ontario and the laws of Canada applicable therein, excluding any conflict of laws that would lead to the application of any other laws. By accessing the Psirenity Platform, you agree that any disputes or matters arising from, connected with, or related to these Terms will be brought to the provincial and federal courts located in the City of Toronto, Ontario.

Non-assignment. These Terms are not assignable, transferable, or to be sublicensed by you except with Psirenity’s prior written consent. Psirenity may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.

Links to Third Party Websites. We provide links on the Psirenity Platform to other websites or resources including those operated by parties other than Psirenity for your convenience. Psirenity is not responsible for the availability of such external websites or resources, does not endorse or accept responsibility for the content of such external websites or resources, and has no responsibility for or control over the terms of use or privacy policy of the operators of the external websites or resources. You access and view any third party websites or resources at your own risk. For clarity, Psirenity is not responsible even where we link you to those resources or refer you for your convenience.

Force Majeure. We will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire or other disaster.

Injunction. You acknowledge that any breach, threatened or actual, of these Terms will cause irreparable harm to Psirenity, such harm would not be quantifiable in monetary damages, and Psirenity would not have an adequate remedy at law. You agree that Psirenity shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction anywhere in the world restraining any breach, threatened or actual, of your obligations under any provision of these Terms, and without the necessity of showing or proving any actual or threatened damage or harm, notwithstanding any rule of law or equity to the contrary. You hereby waive any requirement that Psirenity post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Psirenity to enforce any provision of these Terms.

Class Action Waiver. Any proceedings to resolve or litigate any dispute, controversy or claim arising under, out of, in connection with, or related to (a) the Psirenity Platform, the Services or the Content, or (b) these Terms, or their subject matter, negotiation, performance, renewal, termination, interpretation, or formation, will be conducted solely on an individual basis. Neither you nor Psirenity will seek to have any such dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. If this class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then this section will not apply to those parts.

Severability: If any provision in these Terms is held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.

Contact Us. If you have questions about the Psirenity Platform or its use, you can contact us by sending an email to info@psirenity.com