Terms of Service

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND FORM A LEGALLY BINDING AGREEMENT BETWEEN CUSTOMER (“Customer”, “you”, “your”) AND POMME-HEALTH INC. (“POMMe”, “us”, “our”) REGARDING YOUR USE OF OUR WEBSITE (the “Site”) AND ACCESS TO OUR BETA PLATFORM (the “Platform”). IF YOU USE OUR SITE OR ACCESS OUR PLATFORM, YOU WILL BE AGREEING TO OUR TERMS. IF FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TO AGREE TO ALL OUR TERMS, PLEASE STOP USING OUR SITE OR ACCESSING OUR PLATFORM. These Terms may change at any time, and notice to this effect together with the changed terms will be posted on this website page, and will be binding on you as of the date of posting.

1. Definitions

   "Confidential Information” means any proprietaryinformation belonging to POMMe, including all code, inventions, know-how and business, technical and financial information, and any other information that Customer reasonably ought to know is confidential due to the nature of the information disclosed and circumstances surrounding disclosure. Confidential Information does not include and information that (i) was rightfully in Customer’s possession or known to it prior to receipt of the Confidential Information; or (ii) is or has become public knowledge through no fault of Customer; (iii) is rightfully obtained by Customer from a third party without breach of any confidentiality obligation.

   “Customer Data” means any data you have posted, uploaded, delivered, or otherwise transmitted to the Platform, for the purpose of testing the Platform. Customer Data specifically prohibits any Patient Data.

   "Patient Data” means any information pertaining to Customer’s patients, including a patient’s Personal Information, Personal Health Information, confidential information.

   “Personal Information” means any information about an identifiable individual.

   “Personal Health Information” means (a) information concerning the physical or mental health of the individual; (b) information concerning any health service provided to the individual; (c) information concerning the donation by the individual of any body part or any bodily substance of the individual or information derived from the testing or examination of a body part or bodily substance of the individual; (d) information that is collected in the course of providing health services to the individual; or (e) information that is collected incidentally to the provision of health services to the individual. Personal Health Information applies to any individual, whether living or deceased.

   “Platform” means POMMe’s platform intended to assist in patient care, currently in its Beta testing phase.

   “Site” means POMMe’s website.

2. Platform Access and Restrictions

2.1. The Platform is made available to you on a limited access basis for testing or evaluation purposes only, and no ownership right is conveyed to you. POMMe retains all right, title, and interest, including all intellectual property rights, in and to the Platform.

2.2. YOU ACKNOWLEDGE AND ACCEPT THAT THE PLATFORM IS IN BETA TESTING FORM, INTENDED FOR TESTING AND EVALUATING PURPOSES ONLY AND IS NOT MEANT TO BE DEPLOYED OR IMPLEMENTED AT YOUR BUSINESS. ACCESS TO THE PLATFORM IS ONLY GRANTED FOR THE LIMITED PURPOSES, AS SET OUT HEREIN. ANY OTHER PURPOSE IS STRICTLY PROHIBITED AND POMME MAY TERMINATE YOUR ACCESS TO THE PLATFORM IMMEDIATELY UPON BREACH OF THIS SECTION. YOU AGREE TO FULLY INDEMNIFY, RELEASE AND HOLD HARMLESS POMME FOR ANY COSTS, DAMAGES, PENALTIES, FINES OR THE LIKE ARISING FROM YOUR MISUSE OF THE PLATFORM, INCLUDING UPLOADING ANY PATIENT DATA TO THE PLATFORM.

3. POMMe’s Content

3.1. You acknowledge that the Site contains information, software, articles, reviews, photographs, audio and video clips, graphics, links, logos, trademarks, the “look and feel” of our Site, and other material (collectively, the “Content”) that are protected by copyright, trademark, or other proprietary rights of POMMe All Content on the Site is copyrighted as a collective work of POMMe pursuant to applicable copyright law. You agree to comply with all intellectual property laws, including copyright laws and any copyright notices, information, or restrictions contained in any Content available on or accessed through the Site or Platform.

3.2. If you are accessing the Site or Platform, you may not post, upload, deliver or otherwise transmit any content that is harmful to the Site, Platform, POMMe or users of the Site, including malicious code, viruses, obscene material, or any other harmful content. You are responsible for ensuring that this is the case. POMMe has the unrestricted right to remove or edit any content at any time at its own discretion.

4. Suggestions

4.1. POMMe shall have a royalty-free, worldwide, transferable, sublicenseable, irrevocable, perpetual license to use or incorporate into our Site and Platform any suggestions, enhancement requests, recommendations or other feedback provided by you as part of your use of the Site and/or access to the Platform.

5. Term and Termination

5.1. Termination by You. You may choose to stop accessing the Platform at any time for any reason by ceasing access to the Platform.

5.2. Termination by POMMe. We may termination these Terms immediately upon (i) a material breach by you, including a breach of Sections 2, 6 or 8 of these Terms, or (2) any breach of applicable law, including privacy laws or intellectual property laws.

5.3. Effect of Termination. Upon termination, you must cease using the Platform. POMMe may delete any content uploaded to the Platform immediately upon termination.

6. Indemnity

6.1. You agree to fully indemnify release and hold POMMe harmless from and against any and all claims, liability, losses, damages, costs and expenses (including legal fees) incurred by any POMMe party, including but not limited to officers, directors, owners, and agents for any and all costs and consequences arising out of your use of the Site or access to the Platform, failure by you to comply with these Terms, or your violation of the rights of any other person or legal entity.

7. Privacy Statement

7.1. POMMe may collect, use, or disclose your Personal Information in accordance with the Personal Information Protection and Electronic Documents Act (“PIPEDA”), and as outlined in this Section 7.

7.2. Consent to the Collection, Use & Disclosure of Personal Information

7.2.1. We may collect your Personal Information to better serve your needs. We will always seek your consent (either implied or explicit) prior to the collection, use or disclosure (collectively, “Processing”) of your Personal Information.

7.2.2. Your Personal Information will be collected when you (i) send us a correspondence using our Contact Us feature, (ii) sign up to test our Platform, or (iii) request a demo of our Platform. By providing your name, email, or any other Personal Information, you are consenting to the Processing of such Personal Information. We may disclose such Personal Information to our third party processors to respond to your correspondence, or as required for our internal business purposes.

7.2.3. Once your Personal Information is no longer needed, it will be destroyed in accordance with our internal guidelines and policies.

7.2.4. If you have any questions about our practices or wish to update, revise, or delete your Personal Information, please contact Cheryl Netterfield at cheryl@pomme-health.com.

7.2.5. You may also contact the Privacy Commissioner of Canada with any concerns you may have, using the contact information below, or you may file a formal complaint with the Office of the Privacy Commissioner here.

Office of the Privacy Commissioner of Canada
30 Victoria Street
Gatineau, QC K1A 1H3
Toll-free line: 1-800-282-1376

7.3. How we Protect your Personal Information

7.3.1. We use administrative, technical, and physical safeguards to protect your Personal Information from unauthorized access, use or disclosure. The safeguards imposed depend on (1) the sensitivity of the personal information; (2) the amount, distribution, and format of the information; and (3) method of storage.

7.4. Cookies

7.4.1. We use cookies and similar technologies for storing and honouring your preferences and settings, enabling you to sign-in, combating fraud, and analysing how our products perform. We also use “web beacons” to help deliver cookies and gather usage and performance data. Our Site may include web beacons, cookies, or similar technologies from third-party service providers.

7.4.2. Your internet browser offers various tools to control the data collected by cookies, web beacons, and similar technologies. For example, you can use controls in your internet browser to limit how the websites are able to use cookies and clear or block cookies.

8. Confidential Information

8.1. Customer may have access to POMMe’s Confidential Information during any demonstrations or through the testing and evaluation of the Platform. Customer will (1) hold in confidence and not disclose any Confidential Information to third parties and (2) not use Confidential Information for any purpose other than the purposes of testing or evaluating the Platform. Customer may disclose Confidential Information to its employees, agents, contractors, and other representatives having a legitimate need to know, provided that they are bound to confidentiality obligations no less protective than this Section 8. This Section 8 shall survive the termination of these Terms.

9. Limitation of Liability

POMME MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW WITH RESPECT TO THE USE OF THE SITE OR ACCESS TO THE PLATFORM PROVIDED THEREIN. IN NO EVENT WILL POMME BE LIABLE FOR ANY DAMAGES, PENALTIES, COSTS, AND THE LIKE ASSERTED BY OR AGAINST POMME RELATED TO YOUR USE OF THE SITE OR ACCESS TO THE PLATFORM. IN NO EVENT SHALL POMME’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED $100.00.

10. General

This agreement will be interpreted according to the laws of Ontario, Canada.

Effective Date: September 10, 2022