Terms of Service

‍

Last updated: June 1, 2024

Actic provides analysis that informs treatment options and recommendations that may be carried out at the option of your disability insurer, rehabilitation provider and/or your family doctor (the “Services”). We do so through web-based and mobile application platforms. This document constitutes our Terms and Conditions.

These Terms and Conditions form a legal agreement between Actic and you, the user, concerning your access to and use of our platform. Use of our platform constitutes your acceptance of these Terms and Conditions. If you do not agree to the Terms and Conditions your remedy is to discontinue use of the platform immediately. Please print a copy of theseTerms and Conditions for your records.

‍

MODIFICATIONS TO THESE TERMS AND CONDITIONS

Actic may, at its sole discretion and without prior notice to you, revise these Terms and Conditions at any time. Should these Terms and Conditions change materially, Actic will update the effective date noted above and post a notice regarding the updated Terms and Conditions.Amended Terms and Conditions will be effective as of the Effective Date unless otherwise stated.

‍

ACCESS TO THE PLATFORM

You may access the platform by clicking the “Submit” button. Actic grants you this one time use of the platform in accordance with the Terms and Conditions for the purpose of collecting information that will inform recommendations concerning your medical condition and circumstance. Actic may require additional authentication in order to ensure your identify before accessing the platform.

‍

PROHIBITED USES

In using the platform, you agree not to:

• Send or otherwise transmit to or through the platform any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to the platform, or computers of any kind, and any unsolicited advertising, solicitation, or promotional materials,
• Misrepresent your identity or affiliation in any way,

• Reverse engineer, disassemble or decompile any section or technology on the platform, or attempt to do any of the foregoing,

• Restrict or inhibit any person from using the platform, disclose personal information obtained from the platform or collect information about users of the platform,

• Gain unauthorized access to the platform, to other users' accounts, names, personally identifiable information, or other information, or to other computers or websites connected or linked to the platform,
• Launch or use any automated system, including without limitation, "robots," "spiders,"or "offline readers," that access the platform in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser,
• Send or otherwise transmit to the platform chain letters, unsolicited messages, so-called"spamming" or "phishing" messages, or messages marketing or advertising goods and services,

• Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment,

• Violate any applicable laws or regulations in any way,
• Alter or modify any part of the content or services offered on or through the platform,
• Allow any other person to use the platform with your registration, link, or login information,

• Breach or otherwise circumvent Actic’s security or authentication measures; and
• Assist or permit any persons in engaging in any of the activities described above.

‍

‍

ACTIC’S ROLE‍

Actic does not engage in the practice of medicine or provide health care. Actic is not aninsurance company. Services we provide are limited to providing an analysis of your conditionand treatment options and recommendations that may be carried out at the discretion of yourdisability insurer, rehabilitation provider and/or your family physician. To do so we collect anduse personal information directly from you, from your disability insurer and from third-partyauthorized providers to which you may be referred.

We are independent from your disability insurer and the third-party authorized providers. Weare not responsible for your disability insurer or third-party authorized providers' acts,omissions or for the content of the communications made by them. We are not responsible fordecisions made by your disability insurer or family doctor who may receive our treatmentsuggestions and/or recommendations.

‍

YOUR REPRESENTATIONS AND WARRANTIES

‍

We are committed to protecting the privacy, confidentiality and security of all personalinformation that is entrusted to us. It is important that Actic obtain accurate personalinformation from you and you agree to provide honest answers to the questions we ask you.

Once you click the “Submit” button you will be directed to a private webpage through whichyou will provide personal information in response to the questions we ask you. By clicking ontothe link, you represent and warrant the following:

• You are at least eighteen (18) years of age,
• You have the legal ability and authority to enter into these Terms and Conditions,
• The information you provide is accurate and complete,
• If any information you provide to Actic becomes inaccurate, incomplete, or otherwise false you will immediately notify us at privacy@actic.ai,

• You allow Actic to collect, use and disclose personal information about you to provide the Services and for research, planning or delivery purposes,

• You allow documentation of a personal nature to be reviewed by Actic internal staff to provide the services and for the purposes of research, planning, delivering services, administrative responsibilities, risk management and to maintain or improve the quality of the Services,

• You agree to the sharing and/or exchange of your personal information with your disability insurer company, family doctor and to third party authorized providers engaged by Actic to participate in providing the Services,
• You agree to the sharing and/or exchange of information if sharing is necessary because of an emergency that threatens the health or safety of yourself or another individual(this includes with the Emergency Department of a hospital),
• Research: Actic pursues ongoing data analysis to constantly improve our product, and you understand and agree that anonymized information may be gathered from your records for this purpose. Actic respects your privacy and will maintain confidentiality.At no time will Actic use, release or publish any identifying information.
• You agree to allow Actic to contact you in the future for feedback, research and quality purposes.
• You will comply with any and all laws applicable to your use of the platform,
• You will not interfere with or disrupt Actic security measures, and
• You acknowledge that by providing information on the platform Actic is not providing "insured services" under any provincial health plans.

‍

‍

PERSONAL INFORMATION AND PRIVACY POLICY

‍

In these Terms and Conditions, "personal information" means any information about an identifiable individual, such as your name, email address, mailing address, gender, date of birth, any personal or protected health information, or any data about you that you elect to provide electronically through the platform and any other information that identifies who you are.Personal Information will be used by Actic solely in accordance with these Terms andConditions, and Actic’s Privacy Policy or as otherwise agreed upon between you and Actic in writing.

‍

‍

‍WITHDRAWAL OF CONSENT

‍

INTELLECTUAL PROPERTY

Actic is the sole and exclusive owner of the platform including any and all copyright, patent,trademark, trade secret and other ownership and intellectual property rights, in and to theplatform and any related materials and documentation.

‍

INDEMNIFICATION AND LIMITATION OF LIABILITY

You agree to defend, indemnify and hold Actic, its officers, directors, employees, shareholders, affiliates, third party contractors, agents and suppliers harmless from and against any claims, actions or demands, losses, liabilities, damages, costs, expenses and settlements (including without limitation reasonable attorney and accounting fees), resulting from or alleged to result from, directly or indirectly, your a) violation of these Terms and Conditions; b) access to the platform and c) provision of other disclosure to Actic of any other information or data and the use of same by Actic as contemplated hereunder.

CHOICE OF LAW AND JURISDICTION

These Terms and Conditions are governed by the laws of Ontario, Canada. The parties irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario in respect of all matters and disputes arising hereunder and waive any defense of lack of personal jurisdiction in that jurisdiction. These Terms and Conditions are not governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

WAIVER

No delay or omission by Actic to exercise any right or power it has under these Terms andConditions or to object to the failure of any covenant of you to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. Any waivers by Actic must be in writing and signed by an authorized representative of Actic.

‍

ASSIGNMENT

‍

You may choose to withdraw your consent at any time by sending us an email atprivacy@actic.ai. We will ensure that your request to withdraw consent is documented and we will no longer collect your personal information.

‍

These Terms and Conditions are personal to you, and are not assignable, transferable, orsublicensable by you except with Actic's prior written consent. Actic may assign, transfer, ordelegate any of its rights and obligations hereunder without your consent.

‍

CONTACT NOTICES

If you have any questions about the Terms and Conditions, or need to provide notice to, or communicate with, Actic under the Terms and Conditions, please contact Actic using the following contact details:

Actic Inc.,
Actic Privacy Officer
PO Box 67059 Sunningdale PO,London, ON, N6G0V5privacy@actic.ai

Actic may provide notices or communications to you on the platform, and you agree that such notices shall constitute notice to you whether or not you actually access the notice.

‍