Acceptance of Terms
These Terms of Service (the “Terms”) govern your access to and use of the Synapsis Health mobile application (the “App”), published by Synapsis ML Inc. (“Synapsis,” “we,” “us,” or “our”). By downloading, accessing, or using the App, you agree to be bound by these Terms, including the binding arbitration provision and the disclaimers and limitations of liability set out below. If you do not agree, do not use the App.
Description of the Service
The App is an information management tool that allows you to capture readings from your own home health-monitoring devices using your device’s camera, record those readings, generate a summary report, and submit that report to your healthcare provider through your provider’s patient portal. The App is provided to you in connection with a program administered by your healthcare provider or a primary care network (the “Provider”).
Not a Medical Device; No Medical Advice
You should always consult your physician or qualified healthcare provider regarding any medical condition and before making any decision related to your health. Never disregard professional medical advice or delay seeking it because of information provided by the App. In a medical emergency, call your local emergency number immediately.
No Responsibility for Measurement or Reading Accuracy
The accuracy of any recorded value depends on the accuracy of your underlying device, the conditions of capture (including lighting, focus, and positioning), and the correctness of any manual entry.
You are solely responsible for verifying that every recorded value matches the value shown on your device before relying on it or submitting it. To the maximum extent permitted by law, Synapsis has no liability of any kind for any error, omission, misread, or inaccuracy in any measurement, reading, or value recorded, displayed, or reported by the App, or for any consequence arising from reliance on such a value.
Eligibility
The App is intended for use by individuals who are 18 years of age or older, or by patients enrolled in a healthcare program with the involvement of their healthcare provider and, where applicable, a parent or legal guardian. The App is not directed to children under 13, and we do not knowingly permit their use of the App. By using the App, you represent that you meet these eligibility requirements.
Access and Codes
The App does not require you to create an account. Access is granted through a code provided to you by your Provider, together with a confirmatory data point used to link the code to you. You are responsible for keeping your access code confidential. Do not share your code with anyone other than as directed by your Provider. If you believe your code has been compromised, contact your Provider or our support team.
Licence and Acceptable Use
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to use the App for its intended personal, non-commercial purpose during your participation in the applicable program. You agree not to:
- Reverse engineer, decompile, or attempt to derive the source code of the App, except to the extent permitted by law;
- Use the App for any unlawful purpose or in any way that could damage, disable, or impair the App;
- Attempt to gain unauthorized access to the App, other users’ data, or our systems;
- Submit information that is false, misleading, or that you do not have the right to submit; or
- Use the App to develop a competing product or service.
Intellectual Property
The App, including all software, designs, text, graphics, and other content (excluding your own health data), is owned by Synapsis or its licensors and is protected by intellectual property laws. These Terms do not grant you any ownership interest in the App or any right to use our trademarks without our prior written consent.
Your Data
Our collection and handling of information is described in our Privacy Policy, which forms part of these Terms. In summary, health readings you capture remain on your device and within the report you generate; the App is designed so that your device images are processed on your device and are not transmitted to or stored by us, and we do not retain your health readings on our servers. Please review the Synapsis Health Privacy Policy for full details.
Third-Party Services
The App may allow you to navigate to your Provider’s patient portal or other third-party services to submit your report. Those services are operated by third parties and are governed by their own terms and privacy practices. We are not responsible for third-party services, and your use of them is at your own risk.
Disclaimer of Warranties
The App is provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied. To the maximum extent permitted by law, we disclaim all implied warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the App will be uninterrupted, error-free, secure, or that any reading captured by the App will be accurate in any condition.
Limitation of Liability
To the maximum extent permitted by law, Synapsis will not be liable for any damages of any kind — including direct, indirect, incidental, special, consequential, exemplary, or punitive damages, loss of data, or loss of profits — arising out of or relating to the App, your use of or inability to use the App, or any measurement, reading, value, or report recorded, displayed, or submitted through the App, whether based in contract, tort (including negligence), statute, or any other legal theory, and even if Synapsis has been advised of the possibility of such damages.
You acknowledge that your Provider, and not Synapsis, is responsible for your clinical care and for any decision made in connection with the readings or reports you submit. Where liability cannot be excluded under applicable law, Synapsis’s total aggregate liability is limited to the greatest extent permitted by that law.
Binding Arbitration
Please read this section carefully. It requires disputes to be resolved by binding arbitration and limits how you can seek relief. Any dispute, controversy, or claim arising out of or relating to these Terms or the App — including their existence, validity, interpretation, performance, breach, or termination — shall be referred to and finally resolved by binding arbitration administered in Edmonton, Alberta, in accordance with the Arbitration Act (Alberta) and the rules of a recognized arbitration body agreed by the parties or, failing agreement, appointed under that Act.
Terms of the arbitration: the seat and location of arbitration shall be Edmonton, Alberta; the language shall be English; and the arbitration shall be conducted before a single arbitrator. The arbitrator’s decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
Waiver of court and class proceedings: to the maximum extent permitted by law, you and Synapsis waive the right to litigate disputes in court and to participate in any class, collective, or representative proceeding. Disputes shall be resolved on an individual basis only.
Nothing in this section prevents either party from seeking interim or injunctive relief from a court of competent jurisdiction where necessary to prevent irreparable harm or to protect intellectual property or confidential information. This section applies except where such arbitration or class-waiver terms are prohibited by mandatory law applicable to you, in which case those specific provisions apply only to the extent permitted.
Suspension and Termination
We may suspend or terminate your access to the App at any time if you breach these Terms, if your participation in the applicable program ends, or as required to protect the security or integrity of the App. You may stop using the App at any time by deleting it from your device. Provisions that by their nature should survive termination — including Sections 3, 4, 8, 11, 12, and 13 — will survive.
Changes to the App and These Terms
We may modify the App or these Terms from time to time. If we make material changes to these Terms, we will update the effective date and, where appropriate, provide notice within the App. Your continued use of the App after changes take effect constitutes acceptance of the revised Terms.
Governing Law
These Terms are governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict of law principles. Subject to the binding arbitration provision in Section 13, the courts of the Province of Alberta have exclusive jurisdiction over any matter not subject to arbitration.
Contact
Questions about these Terms may be directed to:
Synapsis ML Inc. · 103, 6030 88 Street NW, Edmonton, Alberta, T6E 6G4, Canada
Email: support@synapsismedical.com