Terms of Use

Effica Health Inc. (“Effica”, “we”, “us”, or “our”) operates the Effica Health platform and website (collectively, the “Effica Platform”). These Terms of Use (“Terms”), together with any additional terms that are incorporated by reference, govern your use of the Effica Platform, including the website http://www.efficahealth.com, related applications, and any services or functionality provided through them. Your use of any of the above is subject to these Terms.

By accessing or using the Effica Platform, or by clicking “I agree” or checking an applicable checkbox etc., you accept, consent, and agree to comply with and be bound by these Terms and our “Privacy Policy”, incorporated herein by reference, available here: https://www.efficahealth.com/privacy. If you do not agree to these Terms or the Privacy Policy, you must not access or use the Effica Platform. Effica may update these Terms from time to time to reflect changes in applicable law, industry standards, technology, or our services. Updates will be posted on this page with the date of revision. Continued use of the Effica Platform after any updates constitutes acceptance of the revised Terms. We encourage you to refer back to this page on a regular basis.

THE EFFICA PLATFORM CANNOT BE USED FOR ANY EMERGENCY. IF YOU BELIEVE YOU ARE DEALING WITH AN EMERGENCY, CALL 911 IMMEDIATELY.

The Effica Platform and Services

The Effica Platform is a virtual health platform that, among other things, facilitates communication between users (“Users”, including you) and licensed healthcare professionals (“Authorized Healthcare Professionals”). Authorized Healthcare Professionals provide healthcare services virtually via phone, video, secure messaging, or other digital tools, which may include assessment, diagnosis, provision of prescriptions, referrals to specialists or further diagnostics, and ongoing support (the “Healthcare Services”). The Effica Platform may also provide materials for informational purposes only, including digital care programs, symptom-tracking tools, quizzes, and reports. Effica may communicate with you via email.

For the avoidance of doubt, Effica does not provide Healthcare Services; rather, Effica facilitates your interactions with Authorized Healthcare Professionals who may provide you with Healthcare Services. Effica does not replace your primary care provider, and using the Effica Platform does not replace regular appointments with your primary care provider. If you do not have a primary care provider, Effica recommends you find one. We encourage you to share your care reports with your family physician or nurse practitioner for continuity of care. Always follow the advice of your healthcare professional.

Eligibility

To register and use the Effica Platform, you must be at least the age of majority in the province or territory in which you reside, be a resident of a Canadian province or territory where Effica operates, and have the legal capacity to enter into a binding agreement. Effica reserves the right to modify or discontinue any part of the Effica Platform at any time without notice.

Nature and Scope of Healthcare Services

Healthcare Services are provided solely by regulated healthcare professionals (e.g., physicians, registered nurses, nurse practitioners, and/or pharmacists) licensed in a province or territory of Canada. These professionals are independent providers and do not act on behalf of Effica in providing Healthcare Services. The relationship between you and an Authorized Healthcare Professional is a professional-patient relationship, and Effica is not party to that relationship. Effica does not provide medical advice. Effica provides a technology platform (i.e., the Effica Platform), administrative support related to the Effica Platform, and general information only. Authorized Healthcare Professionals are solely responsible for clinical decision-making, prescriptions, diagnoses, and documentation. Effica does not make any representations, warranties, or conditions with respect to any information made available via the Effica Platform.

Each province and territory has its own licensing requirements. Depending on your location at the time of consultation, your provider may or may not be located in your province. Effica ensures all healthcare professionals are appropriately licensed to deliver virtual care in the province that you are located and in accordance with that professional’s regulatory obligations.

In no event can the Effica Platform be used for medical emergencies. If you are experiencing chest pain, shortness of breath, loss of consciousness, or any other emergency, call 911 or go to the nearest emergency department immediately.

Prescriptions and Pharmacy Services

Authorized Healthcare Professionals may issue certain prescriptions. Certain medications (e.g., narcotics, controlled substances, non-therapeutic drugs) cannot be prescribed by Authorized Healthcare Professionals through the Effica Platform.

Prescriptions are issued solely for personal use and must be filled by a licensed pharmacy. You are responsible for reading medication labels and contacting your pharmacist or provider with any concerns. While Effica is not affiliated with licensed pharmacies, Effica may engage licensed pharmacies for fulfillment and delivery, but fulfillment services are separate from Effica’s operations and are provided solely by the applicable licensed pharmacy. Always follow the direction of your healthcare professional.

Privacy and Information Handling

Effica Health is committed to protecting your personal and health information in accordance with applicable privacy laws and our Privacy Policy. Please refer to our Privacy Policy for further information in this regard, available here: https://www.efficahealth.com/privacy.

User Responsibilities

By using the Effica Platform, you agree to provide accurate, complete, and current personal and health information, use the Effica Platform only for yourself, and not misuse the Effica Platform for unauthorized, fraudulent, abusive, or unlawful purposes.

You understand and agree that you, not Effica, nor Effica’s affiliates, directors, officers, employees, agents, service providers, contractors, licensors, suppliers, or successors, are fully responsible for any information you submit or contribute to the Effica Platform, and you are fully responsible and legally liable, including to any third party if applicable, for such content and its accuracy. Effica is not responsible or legally liable to any third party for the content or accuracy of any information submitted by you or any other user of the Effica Platform.

Users are responsible for obtaining their own access to the Effica Platform. Users are required to ensure that all persons who access the Effica Platform through a user’s internet connection are aware of these Terms and comply with them. Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to the Effica Platform or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you log out from your account at the end of each session. You are responsible for any password misuse and/or any unauthorized access.

Acceptable Use

You may only use the Effica Platform for your personal and non-commercial use. You may only use the Effica Platform for lawful purposes and in accordance with these Terms. You shall not, directly or indirectly, reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, reverse engineer, or transmit any of the material on the Effica Platform, in any form or medium whatsoever except:

• your computer and browser may temporarily store or cache copies of materials being accessed and viewed; and

• a reasonable number of copies for personal use only may be printed or downloaded, keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever.

Users are not permitted to modify copies of any materials from the Effica Platform nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Effica Platform. Users have no right, title, or interest in or to the Effica Platform or to any content, excluding your User Submissions, on the Effica Platform, and all rights not expressly granted are reserved by Effica and its licensors. Any use of the Effica Platform not expressly permitted by these Terms is a breach of these Terms and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

You agree not to attempt to gain unauthorized access to the Effica Platform or interfere with its operation, upload or share unlawful, harmful, or defamatory content, use automated systems to extract data from the Effica Platform, or misrepresent your identity or impersonate another person. You are prohibited from attempting to circumvent and from violating the security of Effica Platform, including, without limitation: (a) accessing content and data that are not intended for you; (b) breaching the security and/or authentication measures; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet headers; (e) disrupting network services and/or otherwise disrupting Effica’s ability to monitor the Effica Platform; (f) using any robot, spider, or other automatic device, process, or means to access the Effica Platform for any purpose, including monitoring or copying any of the material on the Effica Platform; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Effica Platform via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Effica Platform.

We reserve the right at any time to suspend, disable, or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms.

User Submissions

The following site content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, “submit”) to the Effica Platform or to other users or persons (collectively, “User Submissions”). Any and all User Submissions must also comply with all applicable federal, provincial, local, and international laws, regulations, and terms of service.

You agree that you will not disclose any other User’s User Submissions to any third party. You acknowledge that Effica cannot reasonably control the activity of other Users, and that any User Submissions submitted in the course of participating in group sessions or other community functionalities may not be kept confidential by other Users. You agree that Effica is not responsible or liable in the event another User discloses your User Submissions.

Without limiting the foregoing, you warrant and agree that your use of the Effica Platform and any User Submissions shall not:

(a) 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.

(b) violate the terms of use of any third-party website that is linked to the Effica Platform.

(c) Include 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 is otherwise objectionable, in Effica’s sole discretion.

(d) Involve stalking, attempting to exploit or harm any individual (including minors) e.g., by exposing them to inappropriate content or otherwise, or asking for personal information as prohibited by applicable laws.

(e) Involve, provide, or contribute any false, inaccurate, or misleading information.

(f) Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with these Terms and/or our Privacy Policy.

(g) Impersonate or attempt to impersonate Effica, an Effica employee, an Authorized Healthcare Professional, another User, or any other person or entity (including by using email addresses or screen names associated with any of the foregoing).

(h) 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.

(i) Encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Effica Platform, or which, as determined by Effica, may harm Effica or users of the Effica Platform or expose them to liability or risk of harm.

(j) Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.

(k) Promote any illegal activity, or advocate, promote, or assist any unlawful act.

(l) Give the impression that your User Submissions originate from or are endorsed by us or any other person or entity, if this is not the case.

Ownership and Intellectual Property

All content, information, software, data, text, trademarks, displays, graphics, layout of the website and Effica Platform, and materials on the Effica Platform are the property of Effica, its licensors, or other providers of such material and are protected by intellectual property rights including copyright, trademark, patent, trade secret, and other proprietary rights. To the extent that the foregoing conflicts with our Privacy Policy, available here: https://www.efficahealth.com/privacy, our Privacy Policy prevails. You may not copy, reproduce, modify, or distribute any content from the Effica Platform without Effica’s prior written consent.

Third-Party Services

For your convenience, Effica may provide links or access to third-party services or websites (e.g., pharmacies, laboratories, audio/video conferencing, document and information management). Effica makes no representations, warranties, or conditions about any such other services or websites. Effica does not control or endorse these third parties and is not responsible for their content, privacy practices, or services and accepts no responsibility for the foregoing, or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party services or websites.

PAYMENTS AND REFUNDS
Certain services offered through the Effica Platform are provided as structured care packages that may include one-time, installment, or recurring monthly payments. By purchasing a care package, you agree to the payment terms associated with your selected package at the time of purchase.

Clients may request a full refund within 24 hours of purchase, provided their Assess360 intake has not been submitted.

If a client has received their Assess360 insights in the Client Portal but has not yet completed their consultation appointment, a partial refund will be issued. In these cases, the package fee paid will be refunded minus $149 CAD, which reflects the value of the completed Assess360 process and personalized insights.

Once a practitioner-led consultation appointment has taken place, services are considered substantially delivered, and refunds are no longer available.

Our care packages are designed as structured programs delivered over a defined period of time. Clients may choose to discontinue participation in their package at any time. Discontinuing participation does not cancel the financial commitment associated with the selected package term.

Fees associated with services already provided are non-refundable. For packages purchased through installment or recurring monthly payment plans, clients remain responsible for the remaining scheduled payments associated with their selected package term, according to the agreement accepted at the time of purchase.

Requests outside of these refund terms may be reviewed on a case-by-case basis at Effica Health’s discretion.

Disclaimer and Limitation of Liability

THE EFFICA PLATFORM AND ITS CONTENT ARE PROVIDED ‘WHERE IS’, ‘AS IS’, AND ‘AS AVAILABLE’ WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND. EFFICA DOES NOT GUARANTEE UNINTERRUPTED SERVICE, ACCURACY, OR ERROR-FREE OPERATION. TO THE FULLEST EXTENT PERMITTED BY LAW, EFFICA DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND/OR CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY REPRESENTATIONS, WARRANTIES, AND CONDITIONS THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. NO INFORMATION PROVIDED BY EFFICA DOES CONSTITUTE MEDICAL ADVICE. FOR CLARITY, ANY MEDICAL ADVICE PROVIDED BY AUTHORIZED HEALTHCARE PROFESSIONALS THAT IS COMMUNICATED OR MADE AVAILABLE TO YOU THROUGH THE EFFICA PLATFORM IS PROVIDED BY THE AUTHORIZED HEALTHCARE PROFESSIONAL AND NOT EFFICA.

NEITHER EFFICA NOR ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKES ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE EFFICA PLATFORM.

WITHOUT LIMITING THE FOREGOING, NEITHER EFFICA NOR ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENTS OR WARRANTS THAT THE EFFICA PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE EFFICA PLATFORM WILL MEET YOUR REQUIREMENTS, BE COMPATIBLE OR WORK WITH ANY SYSTEM, BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EFFICA MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND THAT THE INFORMATION MADE AVAILABLE VIA THE EFFICA PLATFORM WILL MEET ANY USER’S REQUIREMENTS OR ACHIEVE ANY INTENDED RESULT.

YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE EFFICA PLATFORM AND SECURITY OF THE DEVICE YOU USED TO ACCESS THE EFFICA PLATFORM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EFFICA IS NOT LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE EFFICA PLATFORM OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE EFFICA PLATFORM.

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL EFFICA OR ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE EFFICA PLATFORM, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON.

IN NO EVENT SHALL EFFICA’S AGGREGATE LIABILITY UNDER THESE TERMS AND/OR YOUR USE OF THE EFFICA PLATFORM EXCEED THE USER’S FEES PAID TO EFFICA IN THE SIX MONTHS LEADING UP TO THE EVENT CAUSING LIABILITY OR $1,000 CAD, WHICHEVER IS GREATER, EXCEPT AS OTHERWISE REQUIRED BY LAW.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless Effica Health, its affiliates, officers, employees, and contractors from any claims, damages, or liabilities arising out of or relating to your use of the Effica Platform, breach of these Terms, or violation of any law.

Governing Law

These Terms are governed by the laws of the province or territory in which you reside and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision.

Assignment

Effica may assign its rights and obligations under these Terms, in whole or in part, without the prior written consent of any User. A User may not assign its rights and obligations under these Terms.

Waiver

No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Severability

If any term or provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

Entire Agreement

The Terms and our Privacy Policy constitute the sole and entire agreement between you and Effica regarding the Effica Platform and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

Contact

For questions, concerns, or support, please contact us at [email protected] visit http://www.efficahealth.com.