This document contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read it carefully.
These terms require the use of arbitration to resolve disputes, rather than recourse to the judicial system.
VisitRecap Inc. (“VisitRecap”, “we”, “us”, “our”) owns and operates the website located at visitrecap.com (“Website”) and the consumer-facing application designed to help individuals summarize, organize, and reflect on information from their healthcare visits and prepare questions or notes for future visits (“App”) and the underlying platform and supporting software (“Software” and together with App, “Platform”). These Terms and Conditions of Use (“Terms”) apply to all users of the Platform and Website (collectively, “Services”), including users who view the content available through the Services, and users who download the App and use and submit information via the Platform (each, a “User, “you” or “your”).
By taking action to indicate acceptance of these Terms (such as clicking a checkbox indicating you agree to the Terms, or using the Services), you indicate that you have read and accepted these Terms, which constitute a binding legal agreement between you and VisitRecap. These Terms shall be effective as of the date you accept them. If you do not accept these Terms, then do not use the Services. These Terms supersede prior agreements or discussions between you and us regarding the Services. We may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time and for any reason whatsoever.
These Terms may be amended by us from time to time at our sole discretion. If we make changes to these Terms, we will notify you by updating the “Last Updated” date at the top of these Terms, posting a notice via the Services, and/or by sending you an email (as appropriate). Unless otherwise indicated, the amendments will be effective immediately upon posting of the updated Terms. Your continued use of the Services after we provide such notice, if applicable, or after we post the updated Terms, constitutes your acceptance of the changes and your consent to be bound by the Terms, as amended. IF YOU DO NOT AGREE TO THE AMENDED AND UPDATED TERMS, YOU MUST STOP USING THE SERVICES.
You should also carefully review our Privacy Policy, found here at visitrecap.com/privacy before using the Services.
We proudly offer an innovative patient-facing informational tool designed to help patients understand and remember what was discussed during a medical encounter. VisitRecap provides a structured, understandable plain-language recap of the content of a medical visit. VisitRecap seeks to help individuals summarize, organize, and reflect on information from their healthcare visits and prepare questions or notes for future visits.
VisitRecap does not provide medical advice. VisitRecap is not a healthcare provider and does not prescribe any medication or provide the Services in connection with the provision of healthcare. The Services are not substitutes for the advice and medical care of a doctor or healthcare provider. VisitRecap does not diagnose or treat medical conditions, does not replace professional medical judgment, and does not create a doctor–patient or clinician–patient relationship. VisitRecap is intended solely for informational, educational, and organizational purposes. VisitRecap does not record or store audio and does not create or maintain official medical records. The Services use automated systems and artificial intelligence to generate summaries and organize information. These systems may produce inaccurate, incomplete, or misleading outputs. Users must review all outputs carefully and should not rely on them as medical advice or as a substitute for consultation with a qualified healthcare professional. VisitRecap is not intended to create, store, or replace an official medical record. Any summaries or documents generated through the Services are informational only and should not be relied upon as part of the official clinical record maintained by healthcare provider. YOU SHOULD CONSULT A QUALIFIED HEALTHCARE PROVIDER FOR ALL HEALTH ADVICE. IF YOU HAVE ANY SYMPTOMS OR SIGNS OF ILLNESS, CONTACT A HEALTHCARE PROVIDER IMMEDIATELY.
VisitRecap is not a Health Information Custodian under the Personal Health Information Protection Act, 2004. VisitRecap provides tools that allow users to organize and summarize their own information. Users remain solely responsible for their personal health information.
By agreeing to these terms, you represent and warrant to us that: (a) you have not previously been suspended or removed from the Service; and (b) your registration and your use of the Service is in compliance with any and all applicable laws and regulations.
You may not obtain the Services if you: (i) do not agree to these terms and conditions; (ii) are not duly authorized to enter into this agreement in your province or jurisdiction of residence, incorporation, or establishment, as the case may be; or (iii) are prohibited from accessing or using the Services by applicable law.
We use information that we collect about you or that you provide to us, including any personal information:
Our platform helps you summarize information from a medical visit into a concise, comprehensible, plain-language summary. By using the Services, you acknowledge, agree, and warrant that you are compliant with all local, provincial, state, and federal laws and regulations and professional standards of practice with respect to:
3.Payment and Billing:
4.Restrictions on Use:
You shall not use the Services beyond the scope granted. Without limiting the foregoing, you shall not, directly or indirectly:
5.Suspension/Termination of Use: We may suspend or terminate access if we reasonably determine there is a threat/attack on our intellectual property, your use poses a security risk, you are using the Services for fraudulent/illegal activities, provision is prohibited by law, you are in breach of these Terms, or for operational reasons. Termination may result in forfeiture and destruction of Account data. Fees are non-refundable unless otherwise stated; amounts owed become immediately due. Upon termination, all rights end and you must discontinue use. Provisions that should reasonably survive termination will survive.
6.Reserved Rights: We reserve all rights not expressly granted. Nothing grants any intellectual property rights by implication, waiver, estoppel, or otherwise. We may alter pricing, features, specifications, capabilities, release dates, or other characteristics at any time. Updates/upgrades/patches may be required to continue using the Services. NO OTHER RIGHTS ARE GRANTED EXCEPT AS EXPRESSLY SET FORTH HEREIN.
9. USAGE DATA AND PRIVACY
1.Usage Data: We may monitor use and collect and compile data related to such use (“Usage Data”). As between us and you, all right, title, and interest in Usage Data and all related IP belong solely to us. We may: (i) make Usage Data publicly available in compliance with law; and (ii) use Usage Data as permitted by law; provided such Usage Data do not identify your personal information as defined in our Privacy Policy. All information we collect will be used in accordance with our Privacy Policy at visitrecap.com/privacy
2.Notice and Consent to Electronic Communications: By accessing or using the Apps, you consent to receive electronic communications from us (e.g., responses, announcements, updates, security alerts). You agree that electronic notices satisfy legal requirements for written communications.
3.Feedback: If you provide suggestions or materials (“Feedback”), we may use Feedback in our business operations. You assign to us all right, title, and interest in Feedback, and we may use it without attribution or compensation. You are responsible to ensure Feedback does not contain personal health information or identifiers.
YOU AGREE TO INDEMNIFY AND HOLD US, OUR AFFILIATES AND OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES, LIABILITIES, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR IN CONNECTION WITH: (I) YOUR USE OF THE APP OR SERVICES; (II) YOUR BREACH OF THESE TERMS OR OF APPLICABLE LAW; (III) YOUR DATA; AND (IV) YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY.
THE SERVICES ARE PROVIDED “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT CONDITION OR WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL CONDITIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET POSSESSION, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL MEET REQUIREMENTS, ACHIEVE RESULTS, BE COMPATIBLE, OPERATE WITHOUT INTERRUPTION, OR BE ERROR-FREE, OR THAT ERRORS WILL BE CORRECTED.
UNLESS PROHIBITED BY LAW, ANY CLAIM OR DISPUTE BETWEEN YOU AND US ARISING FROM OR RELATING TO YOUR PURCHASE OR USE OF SERVICES WILL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION.
The arbitration will be administered in accordance with the Arbitration Act, 1991 and the ADR Institute of Canada, Inc. Arbitration Rules, as applicable and will be held in Sudbury, Ontario.
The arbitrator will have exclusive authority to resolve disputes relating to arbitrability/enforceability, including unconscionability. The arbitrator may grant any relief available in court. The award will be final and binding and may be entered as a judgment in any court of competent jurisdiction.
If any provision of this arbitration clause is found unenforceable, it will be severed and the remaining arbitration terms will be enforced.
You will not assign any rights or delegate obligations under these Terms without our prior written consent. Any purported assignment in violation of this section is null and void. No assignment relieves you of obligations under these Terms.
Failure or delay by us to exercise a right will not constitute a waiver. Any waiver must be in writing and signed by an authorized representative.
Policies (including the Privacy Policy), guidelines, user guides, or other materials related to your use of the Services are incorporated by reference and binding as if set forth in full.
These Terms do not confer rights or remedies on any person or entity other than you, unless expressly stated.
This Agreement does not create a partnership or joint venture. Neither party has authority to bind the other except as expressly provided.
VisitRecap shall not be liable for delay or failure in performance caused by circumstances beyond our reasonable control.
If any provision is invalid, illegal, void, or unenforceable, it will be severed and will not affect the remaining provisions.
These Terms are governed by the laws of the Province of Ontario and applicable Canadian federal laws. Any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the courts of the Province of Ontario, and the parties hereby attorn to the exclusive jurisdiction and venue of such courts.
These Terms and our Privacy Policy constitute the final and integrated agreement between you and us on the matters contained in these Terms.
The parties agree that any provisions of this Agreement which, by their nature, are intended to survive termination or expiration shall so survive. This includes, without limitation, provisions relating to confidentiality, intellectual property, indemnification, limitation of liability, and payment obligations accrued prior to termination.