Terms of Service

4.1 Beta status

The Service is offered as a pre-release beta. It is experimental, may be incomplete, may contain bugs, errors, or inaccuracies, may produce unexpected results, may change substantially, and may be interrupted, suspended, throttled, or discontinued at any time without notice and without liability to us.

4.2 No service levels

During beta, we make no commitments regarding uptime, availability, service levels, support levels, response times, performance, feature availability, backwards compatibility, data portability, or data retention, unless we expressly agree otherwise in a signed writing.

4.3 Feature changes

We may add, remove, modify, suspend, throttle, gate, paywall, or disable any feature, workflow, AI model, output, integration, or functionality of the Service at any time, in our sole discretion, with or without notice.

4.4 Beta access

We may, in our sole discretion, offer free or discounted access to a limited number of users during the beta period. We may change, restrict, or revoke that access at any time. We may introduce, change, or discontinue pricing, packaging, feature gating, usage limits, or access tiers at any time on reasonable notice. Continued use after any change takes effect constitutes acceptance of that change.

4.5 No reliance

You must not rely on the Service as your sole or primary system for any health, caregiving, medical, clinical, legal, financial, safety-critical, emergency, regulatory, evidentiary, or record-keeping purpose. You must maintain your own independent records, professional advisors, and decision-making processes.

4.6 Voluntary participation and assumption of risk

You acknowledge and agree that:

• (a)your use of the Service is entirely voluntary;
• (b)you understand the Service is a beta and carries inherent and unpredictable risks, including software defects, AI errors and "hallucinations", data loss, downtime, security incidents, and unexpected behaviour;
• (c)you have had a fair opportunity to evaluate those risks and have chosen to proceed; and
• (d)you knowingly and voluntarily assume all risk arising from your use of the Service to the maximum extent permitted by applicable law.

5.1 Informational purposes only

The Service is provided for general informational, organizational, educational, and support purposes only.

5.2 What the Service is not

CaremapAI is not a medical device, clinical decision-support tool, electronic medical record, health record system, telemedicine platform, crisis service, regulated health professional, lawyer, accountant, financial advisor, or fiduciary. The Service does not provide medical advice, diagnosis, treatment, prescription, nursing advice, mental-health treatment, psychotherapy, crisis intervention, suicide prevention services, legal advice, tax advice, investment advice, or financial advice.

5.3 Always consult professionals

You must always consult appropriately qualified, licensed professionals for medical, clinical, legal, tax, financial, or other professional matters. The Service is never a substitute for professional judgment, evaluation, or advice.

5.4 Emergencies

The Service is not for emergencies. If you believe there is a medical emergency, risk to life, risk of self-harm, risk to a child, or other emergency, contact 911 (or your local emergency number) immediately. Do not use the Service to summon emergency assistance.

5.5 No professional relationship

Nothing in these Terms or the Service creates a doctor–patient, nurse–patient, therapist–client, lawyer–client, fiduciary, or other professional relationship between you and us.

6.1 The Service uses AI

The Service uses artificial intelligence and large language models, some of which are operated by third parties. AI outputs are generated probabilistically and may be inaccurate, incomplete, outdated, biased, contradictory, fabricated ("hallucinated"), inappropriate, or harmful, even when they appear authoritative.

6.2 You must verify

You agree to independently verify any AI output, suggestion, summary, reminder, assessment, plan, or generated content before relying on it or acting on it, especially where the matter involves health, safety, legal rights, or finances. Any reliance you place on AI output is at your sole risk.

6.3 No guarantee of accuracy

We make no representation or warranty that any AI output is accurate, complete, current, safe, clinically appropriate, lawful, free of bias, free of infringement, or fit for any purpose.

6.4 Inputs and outputs

You are solely responsible for the inputs you provide to the Service and for any decisions you make based on outputs. We are not responsible for outputs produced based on inaccurate, incomplete, or unauthorized inputs.

8.1 Your content

You may submit text, notes, assessment responses, files, images, reminders, schedules, voice input, and other information through the Service ("User Content"). You retain ownership of your User Content, subject to the rights you grant us below.

8.2 License to operate the Service

You grant us a non-exclusive, worldwide, royalty-free, sublicensable (to our service providers) license to host, store, copy, transmit, format, display, process, and otherwise use User Content solely as reasonably necessary to (a) operate, maintain, secure, and provide the Service to you, (b) prevent and address fraud, abuse, security incidents, and Terms violations, (c) comply with law and lawful requests, and (d) develop and improve the Service using de-identified or aggregated information that cannot reasonably be linked back to you or any identifiable person.

8.3 Your representations about User Content

You represent and warrant that:

• (a)you own or have all rights, permissions, consents, and lawful authority needed to submit your User Content and to grant us the licence above;
• (b)your User Content does not violate any law, contract, court order, or third-party right (including privacy, confidentiality, IP, or publicity rights);
• (c)your User Content is not malicious, deceptive, defamatory, fraudulent, harassing, threatening, or otherwise unlawful; and
• (d)where your User Content concerns another person, you have lawful authority and any required consents to provide it.

8.4 Sole responsibility

You are solely responsible for your User Content and for any consequences of submitting it.

9.1 Restriction

Unless and until we expressly state otherwise in writing, you must not upload, enter, transmit, or store highly sensitive personal information through the Service.

9.2 Examples

This includes, without limitation:

• (a)health card numbers, social insurance numbers, driver's licence numbers, passport numbers, government identifiers;
• (b)banking, payment card, or financial account information;
• (c)medical records, clinical records, lab results, imaging, prescriptions, insurance claims, genetic information, or any other records obtained from a health information custodian or regulated under PHIPA, HIPAA, or similar laws. Your own observations about the person you care for, entered to use the Service as intended, are not covered by this restriction;
• (d)information about another person unless you have lawful authority to provide it, or it is your own observation about a person you care for and is necessary to use the Service as intended;
• (e)information about a minor;
• (f)information that could create a significant risk of harm if lost, stolen, misused, or disclosed.

9.3 Assumption of risk; release

If you choose to submit information described in Section 9.2 despite our instructions not to do so, you do so at your own risk and on your own initiative, and you release and forever discharge us from any and all claims, demands, damages, and liabilities arising out of or related to that submission, to the maximum extent permitted by applicable law.

14.1 Our IP

The Service and all related software, source code, object code, machine-learning models, model weights, prompts, prompt templates, embeddings, datasets we own or license, branding, names, logos, trademarks, service marks, trade dress, designs, look-and-feel, user interfaces, screens, layouts, graphics, illustrations, icons, audio, video, text, documentation, APIs, databases, structures, architectures, methods, know-how, and all other materials made available through or comprising the Service (collectively, the "CaremapAI IP") are owned by us or our licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws of Canada and other jurisdictions. All rights, title, and interest in and to the CaremapAI IP not expressly granted to you in these Terms are reserved.

14.2 Limited license to you

Subject to your continuous compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free license to access and use the Service for its intended personal or internal business purpose during the term of these Terms. This license terminates automatically upon any breach of these Terms or termination of your access. No other license, right, or interest is granted to you, by implication, estoppel, exhaustion, or otherwise.

14.3 Reservation of rights; no implied licenses

We reserve all rights not expressly granted in these Terms. No implied licenses are granted. You acquire no ownership interest in any CaremapAI IP through your use of the Service. Nothing in these Terms transfers any intellectual property rights to you.

14.4 Trademarks

"CaremapAI", the CaremapAI logo, and any other product or service names, logos, slogans, or trade dress used in connection with the Service are trademarks or registered trademarks of TS Care Givers Inc. or its affiliates. You may not use any of our trademarks, trade names, or trade dress without our prior written consent. You will not contest, register, or attempt to register any of our trademarks or any confusingly similar marks.

14.5 Outputs

Subject to your compliance with these Terms and applicable law, as between you and us, you may use the outputs the Service generates in response to your inputs ("Outputs") for your lawful personal or internal business purposes. You acknowledge and agree that:

• (a)Outputs are generated probabilistically and the same or substantially similar Outputs may be generated for other users;
• (b)we make no representation that Outputs are unique to you or original, and we may use, generate, distribute, and license the same or similar Outputs to others;
• (c)we and our licensors retain all rights in the underlying models, weights, prompts, software, and Service used to generate Outputs;
• (d)you are solely responsible for evaluating Outputs for accuracy, lawfulness, fitness for purpose, and non-infringement before using or relying on them;
• (e)Outputs may incorporate or resemble pre-existing third-party material, and your use of Outputs is at your own risk;
• (f)any rights you have in Outputs are conditional and revocable upon any breach of these Terms.

14.6 Feedback

You may submit feedback, suggestions, ideas, improvements, comments, or other input about the Service ("Feedback"). You hereby irrevocably assign to us all right, title, and interest in and to all Feedback, including all intellectual property rights, with no obligation of compensation. To the extent any assignment is not enforceable, you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid, sublicensable, transferable license to use, reproduce, modify, distribute, prepare derivative works of, publicly perform, publicly display, and otherwise exploit the Feedback for any purpose without restriction.

14.7 Restrictions

Without limiting Section 12, you will not, and will not permit any third party to:

• (a)copy, reproduce, modify, adapt, translate, or create derivative works of any CaremapAI IP except as expressly permitted by these Terms;
• (b)reverse engineer, decompile, disassemble, or attempt to derive the source code, model weights, training data, prompts, or underlying technology of the Service, except to the extent this restriction is prohibited by applicable law and not waivable by contract;
• (c)remove, alter, obscure, or fail to display any copyright, trademark, watermark, attribution, or other proprietary notice;
• (d)frame, mirror, or republish any portion of the Service;
• (e)use the Service or any Outputs to develop, train, fine-tune, evaluate, or benchmark any competing AI model, product, or service;
• (f)use any data mining, robots, scraping, harvesting, or similar tools to extract data from the Service;
• (g)bypass, circumvent, or attempt to defeat any technical protection, access control, rate limit, watermark, or security feature of the Service.

14.8 Your User Content rights and licence to us

You retain ownership of your User Content. You represent and warrant that you own or have all rights, permissions, and consents necessary to grant the licence set out in Section 8.2 and that your User Content does not infringe or misappropriate any third party's intellectual property, privacy, publicity, or other rights.

14.9 Copyright and IP infringement complaints (Notice-and-Notice)

We respect intellectual property rights and comply with Canada's notice-and-notice regime under sections 41.25–41.27 of the Copyright Act (Canada). If you believe that material accessible on or through the Service infringes your copyright or other intellectual property right, you may send us a written notice that includes:

• (a)the claimant's name, address, telephone number, and email;
• (b)identification of the copyrighted work or other right claimed to have been infringed;
• (c)the location (URL or other specific identifier) of the allegedly infringing material on the Service;
• (d)the date and, if applicable, time of the alleged infringement;
• (e)a statement of the claimant's interest or right in the work;
• (f)a statement made in good faith that the use of the material is not authorized by the rights holder, its agent, or the law;
• (g)a statement that the information in the notice is accurate; and
• (h)the claimant's physical or electronic signature.

Send notices to caremapai@considracare.com, with the subject line "IP Complaint – Attention: Legal". We may, in our sole discretion and without obligation or admission of liability, remove or disable access to allegedly infringing material, suspend related accounts, forward notices to the user who submitted the material, retain related records, and take any other action we consider appropriate.

You acknowledge that knowingly making a false or misleading infringement allegation may expose you to liability under applicable law.

14.10 Repeat infringers

We may, in our sole discretion, suspend or terminate the accounts of users who, in our reasonable judgment, are repeat infringers or who repeatedly submit User Content that violates intellectual property rights or these Terms.

14.11 Survival

This Section 14 survives termination of these Terms.

28.1 Entire agreement

These Terms, together with our Privacy Policy and any service-specific terms we publish, are the entire agreement between you and us regarding the Service and supersede all prior or contemporaneous agreements, communications, and understandings.

28.2 Severability

If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions remain in full force and effect, and the invalid provision will be replaced by an enforceable provision that most closely reflects the original intent.

28.3 No waiver

Our failure to enforce any provision is not a waiver of that provision or any other provision. Any waiver must be in writing and signed by us to be effective.

28.4 Assignment

You may not assign or transfer these Terms or any rights under them without our prior written consent, and any attempt to do so is void. We may freely assign or transfer these Terms, including in connection with a corporate reorganization, merger, sale of assets, or financing.

28.5 No agency

Nothing in these Terms creates a partnership, joint venture, agency, employment, or fiduciary relationship between you and us.

28.6 No third-party beneficiaries

Except as expressly set out (including the Indemnified Parties), these Terms do not confer any rights on any third party.

28.7 Notices

We may give you notice by posting on the Service, by email to the address associated with your account, or by any other reasonable means. You may give us notice by email to caremapai@considracare.com. Notices are deemed received when sent (for electronic notices) or three business days after mailing (for postal notices).

28.8 Survival

Any provision that by its nature should survive termination of these Terms or your access to the Service shall survive.

28.9 Headings; interpretation

Headings are for convenience only and do not affect interpretation. "Including" means "including without limitation".

28.10 Language

The parties have requested that these Terms and all related documents be drawn up in English. Les parties ont demandé que ces conditions et tous les documents connexes soient rédigés en anglais.