User Agreement2018-06-25T13:38:05+00:00

User Agreement

Last updated: June 25, 2018

Medical Disclaimer

Unboxed Health Incorporated’s services are strictly for informational purposes only. None of the content on the patient app, clinician portal, or website is to be used as medical advice, diagnosis, or treatment on its own. All recommendations, calculations, status indicators, measurement reports and other patient information content must be confirmed before clinical use or diagnostic purposes by qualified medical professionals. Any medical or health related questions should be directed to a medical professional. Always consult a medical professional before changing any medication, dosage, or diet. Use of this software should in no way interfere with or replace scheduled appointments with a medical professional. If you rely on any of the information found through Unboxed Health Incorporated, you agree that you are doing so at your own risk.

Important

BProactive is designed to monitor average blood pressure based on measurements collected over the span of several weeks and to provide medical professionals with a tool to assess patient response to treatment. It does not monitor or generate alerts for hypertensive urgencies. Please consult with a medical professional for guidance on how to identify and take action during a hypertensive urgency.

These Terms and Conditions (“Terms”) govern your relationship with Unboxed Health mobile application (including patient app, clinician portal and website) (the “Service”) operated by Unboxed Health Incorporated (“us”, “we”, or “our”).

Please read these Terms carefully before using the Service.

Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.  You must be a resident of Canada or the United States, and be at least 18 years old, to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these Terms, in whole or in part, please do not use the Service.

When you use the Service, you represent and warrant (effectively, a promise to us) that you have the legal capacity to form a binding contract between you and us. You agree that these Terms, and any related information and communications between you and us, may be made available or occur electronically.

Subscriptions and Automatic Renewal

Some parts of the Service are billed on a subscription basis (“Subscription”). You must be a resident of Canada or the United States, and be at least 18 years old, to subscribe for a Subscription.  If you have subscribed for a Subscription, you will be billed in advance on a recurring and periodic basis for the Subscription Services (“Billing Cycle”). Billing Cycles are set on a monthly basis.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Unboxed Health Incorporated cancels it before the last day of the Billing Cycle. At least thirty (30) days before the end of each Billing Cycle (when your Subscription is scheduled to be automatically renewed), Unboxed Health Incorporated will notify you by email that: (1) your Subscription will automatically renew at the end of the Billing Cycle (unless cancelled); and (2) you have the option to cancel your Subscription before the end of the Billing Cycle.  To cancel your Subscription, you must notify Unboxed Health Incorporated, in writing and before that last day of the Billing Cycle, that you wish to cancel your Subscription. You may provide such written notice either through your online account management page or by contacting Unboxed Health Incorporated customer support team at info@unboxedhealth.com. Accessing or using the Service, and thereby agreeing to be bound by these Terms, you authorize Unboxed Health Incorporated to automatically renew your Subscription as and when set out above.

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Unboxed Health Incorporated with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Unboxed Health Incorporated to charge all Subscription fees incurred through your account to any such payment instruments in accordance with the subscription plan you select, until you terminate your Subscription, You will promptly update your payment information with any changes. If you dispute any charges you must advise us within sixty (60) days after the date that we charge you.

Should automatic billing fail to occur for any reason, Unboxed Health Incorporated will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Free Trial

Unboxed Health Incorporated may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by Unboxed Health Incorporated until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled the Free Trial Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription on which the Free Trial was based.  At least thirty (30) days before the Free Trial expires (when you will be automatically charged the Subscription fees), Unboxed Health Incorporated will notify you by email that: (1) you will be automatically charged the applicable Subscription fees upon the expiration of the Free Trial (unless you cancel the Free Trial); and (2) you have the option to cancel your Free Trial Subscription before the final day of the Free Trial.  To cancel your Free Trial Subscription, you must notify Unboxed Health Incorporated, in writing and before the last day of the Free Trial, that you wish to cancel your Free Trial Subscription. You may provide such written notice either through your online account management page or by contacting Unboxed Health Incorporated customer support team at info@unboxedhealth.com. By accessing or using the Service, and thereby agreeing to be bound by these Terms, you authorize Unboxed Health Incorporated to automatically charge you the applicable Subscription fee (upon the end of your Free Trial) as and when set out above.

At any time and without notice, Unboxed Health Incorporated reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

Unboxed Health Incorporated, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Unboxed Health Incorporated will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and unrestricted, irrevocable, worldwide, royalty-free license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

We reserve all rights to block or remove communications or materials that we determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right of another or; (d) offensive or otherwise unacceptable to us in our sole discretion.

You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Service, we are merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Service.  Unboxed Health Incorporated does not represent or warrant the truthfulness, accuracy or reliability of any content, information or material contained in the Content made available through the Service or endorse any statements, representations or opinions expressed therein. Your reliance on information, material, statements, representations or opinions contained in any such Content shall be at your own risk.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to us are non-confidential and we will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that we may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Unboxed Health Incorporated, its users and the public.

The foregoing is not intended to apply to any Personal Information (defined below) submitted to Unboxed Health Incorporated through the Service, the use of which is governed by the our Privacy Statement, identified below.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Intellectual Property

You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trade-mark, trade secret or other proprietary rights and laws.

As between you and us, the Service Content is the property of Unboxed Health Incorporated and is protected by copyright, trademarks, database and other intellectual property rights. You may use, display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.

Except as expressly authorized by us, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by us from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than its intended use, or as specifically authorized herein, is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith (the “Software”) are the property of Unboxed Health Incorporated, our affiliates and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software.

Our names (including business/trade names) and logos are trade-marks and service marks of Unboxed Health Incorporated (collectively the “Marks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to us. Nothing in these Terms or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Marks displayed on the Service without our prior written permission in each instance. All goodwill generated from the use of our Marks will inure to our exclusive benefit.

Any rights not expressly granted herein are reserved by Unboxed Health Incorporated.

Copyright Infringement Claims

Pursuant to the Digital Millennium Copyright Act (17 U.S.C. §512, as amended), if you believe in good faith that copyrighted work has been copied, adapted, reproduced or exhibited on the Service in a manner that constitutes copyright infringement, you may submit written notification of the claimed infringing activity addressed to our Designated Agent, Jason Bass, at: by mail, Unboxed Health Incorporated, 411 Roosevelt Ave, Suite 302, Ottawa, ON K2A 3X9; by email, info@unboxedhealth.com (indicating in the email that it is to the attention of Jason Bass).  If you need to speak with our Designated Agent he or she may be reached by telephone at: (613) 421-0511.

To be effective, the notification must include the following information, or such other information as required under the Digital Millennium Copyright Act then in effect:  (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.  We suggest that you consult your legal advisor before submitting written notification, as the above-stated requirements may have changed.

In appropriate circumstances, Unboxed Health Incorporated, at its sole discretion, may suspend or terminate any user’s access to the Service and/or take other action against users where infringing activity is apparent, regardless of whether the material or activity is ultimately determined to be infringing.

User Conduct

You agree to not use the Service to:

(a) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

(b) violate any applicable local, state, provincial, national or international law, or any regulations having the force of law, or any guidelines, policies, rules, codes or similar directives of any governmental entity or agency;

(c) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(d) solicit personal information from anyone under the age of 18;

(e) harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

(f) advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized by Unboxed Health Incorporated;

(g) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or

(h) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

Links To Other Web Sites

The Service may contain links to third-party web sites or services that are not owned or controlled by Unboxed Health Incorporated.

Unboxed Health Incorporated has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Unboxed Health Incorporated shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.

All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may do so by notifying us at info@unboxedhealth.com.

Upon termination for any reason, we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Furthermore, you agree that we will not be liable to you or any third party for any termination of your access to the Service.

Indemnification

You agree to indemnify, defend and hold harmless Unboxed Health Incorporated, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands.

These include but are not limited to:

(a) legal and accounting fees resulting from your use of the Service;

(b) your breach of any of these Terms;

(c) anything you post on or upload to the Service; and

(d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.

Limitation Of Liability

Unboxed Health Incorporated, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential, exemplary or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from

(i) your access to or use of the Service;

(ii) your inability to access or use the Service;

(iii) any conduct or content of any third-party on or related to the Service;

(iv) any content obtained from or through the Service;

(v) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service. IN NO EVENT WILL UNBOXED HEALTH INCORPORATED’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID UNBOXED HEALTH INCORPORATED IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

Disclaimer And Non-Waiver of Rights

Unboxed Health Incorporated makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties and conditions of merchantable quality, fitness for a particular purpose, non-infringement, or those arising by statute or otherwise in law or from a course of dealing or usage in trade, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.

Unboxed Health Incorporated its subsidiaries, affiliates, and its licensors do not warrant (and there are no conditions) that

  1. a) the Service will function uninterrupted, secure or available at any particular time or location;
  2. b) any errors or defects will be corrected;
  3. c) the Service is free of viruses or other harmful components; or
  4. d) the results of using the Service will meet your requirements.

If you breach any of these Terms and Unboxed Health Incorporated chooses not to immediately act, or chooses not to act at all, Unboxed Health Incorporated will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Unboxed Health Incorporated does not waive any of its rights. Unboxed Health Incorporated shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.

You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

Exclusions

As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and service provided.

Privacy Policy

In order for you to access the Services, you may be asked to provide information that personally identifies you, such as your name, mailing address, e-mail address and home and/or telephone numbers (“Personal Information”, as defined in our Privacy Statement, identified below). Our information collection and use policies with respect to the privacy of such Personal Information are set forth in the our Privacy Statement, which is located at www.unboxedhealth.com/privacy-policy/ and incorporated herein by reference.

Governing Law

These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Ontario and the laws of Canada, as applicable (without reference to any principles of conflicts of law) and the parties hereto irrevocably submit to the non-exclusive jurisdiction of the Ontario courts. The parties expressly disclaim the application of the United Nations Convention for the International Sale of Goods.

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.

General Provisions

These Terms (and, in the event you use the Services to purchase products, the additional information disclosed to you as part of the purchasing process) constitute the entire agreement between you and Unboxed Health and govern your use of the Service, superseding any prior agreements between you and us with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. No waiver of or consent to depart from the requirements of any provision of these Terms shall be binding against us unless it is in writing and is signed by us. Our failure to exercise, and any delay of Unboxed Health Incorporated in exercising, any of our rights hereunder, in whole or in part, shall not constitute or be deemed a waiver or forfeiture of such rights, neither in the specific instance nor on a continuing basis. No single or partial exercise of any such right shall preclude any other or further exercise of such right or the exercise of any other right. The invalidity or unenforceability of any provision of these Terms or any covenant herein shall not affect the validity or enforceability of any other provisions or covenants hereof or herein and any such invalid provision or covenants shall be deemed to be severable. You may not assign these Terms without our prior written consent, but we may assign or transfer these Terms, in whole or in part, without restriction. The division of these Terms into sections and the section titles are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on the Service. If not already specified, references to “include” or “including” in each case shall be deemed to be followed by the words “without limitation” (or similar words) and the terms “include” and “including” shall not be construed to limit any general statement which they follow to the specific or similar items or matters immediately following such terms.

Language

The parties acknowledge that they have required this agreement to be written in English. Les parties aux présentes reconnaissent qu’elles ont exigé que la présente entente soit rédigée en anglais.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.  It is your obligation to keep Unboxed Health Incorporated apprised of any email address changes and Unboxed Health Incorporated will not be responsible for any notices that are not received due to your failure to update this information.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms, please contact us at info@unboxedhealth.com.

Additional requirements for Healthcare Service Providers

Unboxed Health complies with applicable privacy laws.

Since healthcare service providers have the ability to grant account access to their staff, they are responsible for the conduct of users that they authorize to ensure that they also comply with the applicable privacy laws .

Some specific requirements are described below:

  • Granted user accounts of the Unboxed Health service that have not been used recently or belong to terminated employees must be deactivated or purged. Access rights shall immediately be removed or modified when a user leaves the organization or changes jobs
  • Users should be reviewed periodically by a designated administrator to ensure that only current authorized users have access to the service. Any inactive or terminated users must be identified and their access must be voided.
  • For security reasons, it’s expected that the healthcare service provider has an acceptable-use policy governing the computers and systems used in their clinic that can be connected to the Unboxed Health service. This should include policies on mobile device use and teleworking.
  • Users of the Unboxed Health service will terminate active sessions when finished (or unattended) or secure by appropriate locking functions. Users will log off of multi-user systems when finished. Users will log off or lock terminals when unattended. PCs or terminals shall be locked when not in use. A password-protected screen saver will be automatically invoked after 15 minutes of inactivity.
  • If a healthcare service provider detects a pattern of system misuse it must be reported to Unboxed Health.