Terms of Use

HealthX Canada

Terms of Use

Last updated: November 18, 2025

PLEASE READ THESE TERMS OF USE CAREFULLY. THEY SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS GOVERNING YOUR ACCESS TO AND USE OF THE SERVICES. BY USING THE SERVICES, YOU AGREE TO RESOLVE DISPUTES WITH US THROUGH BINDING INDIVIDUAL ARBITRATION AND YOU WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS OR REPRESENTATIVE ACTION, TO THE FULLEST EXTENT PERMITTED BY LAW.

1. Agreement and Scope

These Terms of Use (the “Terms of Use” or “Terms”) govern your access to and use of:

• The website(s) located at https://www.healthxcanada.com and any subdomains (the “Site”); and

• All features, functionality, content, products, programs, and services made available by or through the Site (together with the Site, the “Services”).

The Services are owned and operated by HealthX Canada Inc. (“HealthX Canada”, “HealthX”, “we”, “us”, or “our”).

The terms “you”, “your”, or “User” refer to any person who browses, accesses, or otherwise uses the Services. “Use” or “using” means any visiting, browsing, accessing, or interaction with the Services.

If you execute an electronic or paper Order Form (“Order Form”) with us to purchase Services, the Order Form forms part of a broader agreement with HealthX Canada (the “Agreement”). In that case, you are a “Customer” and these Terms of Use apply in addition to the Order Form and any applicable Additional Terms.

By accessing or using the Services, you agree to be bound by these Terms of Use, our Privacy Policy, and any Additional Terms applicable to your use of specific Services or programs (including any Business Associate Agreement, Referral Terms & Conditions, and Gift Card/Incentive Terms). If you do not agree, do not access or use the Services.

If there is any conflict between these Terms and any Additional Terms or written agreement you have with HealthX Canada, that other agreement will govern solely with respect to the conflicting subject matter; otherwise, these Terms of Use apply.

2. NO MEDICAL ADVICE; NO PROVIDER–PATIENT RELATIONSHIP

2.1 Informational Only.
The Services, including any content, listings, or information about health care providers, are provided for general informational and administrative purposes only. They do not constitute medical advice, diagnosis, treatment, or a substitute for in-person consultation with a health professional.

2.2 No Medical Services by HealthX Canada.
HealthX Canada is not a health care provider, hospital, clinic, or insurer. We do not practice medicine, dentistry, chiropractic, physiotherapy, or any other regulated health profession, and we do not provide or control clinical care. All medical or health services are provided exclusively by independent providers, not by HealthX Canada.

2.3 No Endorsement; No Guarantee of Outcomes.
The inclusion, ranking, display, or listing of any health care provider, clinic, or practice on the Services does not constitute an endorsement, recommendation, guarantee, or warranty (express or implied) by HealthX Canada. We do not guarantee:

• The availability, quality, safety, legality, competence, or suitability of any provider or service;

• That any appointment will occur, be timely, or be appropriate for you; or

• Any clinical or financial outcome, including relief of symptoms, cure, or improvement.

All clinical decisions and outcomes are solely between you and your provider.

2.4 Emergencies.
The Services must not be used for emergencies. If you are experiencing a medical emergency, call 9-1-1 or your local emergency number immediately and do not rely on the Services.

3. Electronic and Telephonic Communications

3.1 Electronic Communications Generally.
When you visit the Site or send emails, texts, or other electronic messages to us, you are communicating with us electronically and consent to receive communications from us and/or our partners electronically. We may communicate with you by email, text message, in-product messages, or by posting notices on the Site or Services. You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.

References to “partners” are marketing references only and do not create a legal partnership, joint venture, or agency relationship with HealthX Canada.

3.2 Email Communications.
By creating an account or becoming a member, you acknowledge and agree that HealthX Canada may send you service-related emails, including updates, appointment inquiries, reminders, and confirmations. We may also send you promotional emails about products, services, and initiatives (including collaborations and partnerships). You may unsubscribe from promotional emails at any time using the unsubscribe link; however, transactional/service emails will continue.

3.3 Telephonic Communications; Text Messages.
By opting in to receive calls and/or text messages from us or our partners (as described in our Privacy Policy and applicable Additional Terms), you:

• Represent that you are the current subscriber or authorized user of the phone number provided;

• Agree to promptly update your contact details if your number or email address changes; and

• Acknowledge that HealthX Canada is not responsible for user errors or omissions in providing contact information.

You agree to indemnify, defend, and hold HealthX Canada harmless from all claims, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:
(a) your failure to update your contact information;
(b) your provision of a telephone number that is not your own; or
(c) your violation of any law, rule, or regulation relating to such communications.

4. Changes to These Terms and the Services

4.1 Evolving Agreement.
Each time you access or use the Services, you are entering into a new agreement with us on the then-current version of these Terms and any applicable Additional Terms.

4.2 Right to Modify Terms.
We may update, modify, or replace these Terms at any time. We may provide notice by posting the updated Terms on the Site or by any other reasonable method. Your continued use of the Services after changes are posted constitutes your acceptance of the modified Terms.

4.3 Changes to Services.
We may, at any time and without notice, modify, suspend, or discontinue any part of the Services, including features, functionality, or content. If you have executed an Order Form, we will not materially degrade the Services purchased by you during the applicable contract term, except as permitted by that Agreement.

5. Privacy and Data Protection

5.1 Privacy Policy.
Your use of the Services is subject to our Privacy Policy, which is incorporated by reference. We use your information only as described in the Privacy Policy.

5.2 Authority to Provide Personal Information.
You represent and warrant that any data, information, records, or files you submit to or through the Services:

• Contain only personal information in respect of which you have provided all required notices and obtained all required consents; and

• Are provided in full compliance with applicable privacy, health information, and data protection laws.

You may be required to enter into supplemental agreements, including Business Associate Agreements, data processing agreements, and other Additional Terms relating to personal health information or cross-border data transfers, as applicable.

6. Services; Accounts; Patient Growth

6.1 Services Overview.
HealthX Canada may make available various Services, including a patient marketplace / Patient Growth service that allows individuals to search for health care providers, review information, and schedule appointments.

6.2 Accounts and User IDs.
To access certain features, you may need to create an account and be issued a username and password or other login credentials (a “User ID”). You agree to:

• Keep your User ID confidential;

• Not share, sell, or otherwise transfer your User ID; and

• Accept full responsibility for all activities that occur under your User ID.

We are not liable for any loss or damage arising from your failure to secure your User ID.

6.3 Permitted Uses – Patient Growth.
You agree to use Patient Growth solely for lawful purposes, including:

• Finding a health care provider for yourself or another person;

• Reading provider reviews and ratings;

• Submitting reviews and ratings of providers with whom you have a professional relationship;

• Inviting friends and family to join HealthX Canada; or

• Any other purpose explicitly authorized by HealthX Canada in writing.

6.4 User Responsibilities.
By using the Services, you agree to:

• Provide true, accurate, current, and complete information and keep it updated;

• Comply with all applicable laws and regulations, including intellectual property, privacy, health, and export control laws;

• Upload only content you have the legal right to provide;

• Use reasonable efforts to prevent unauthorized access or use of the Services;

• Monitor and control all activity conducted through your account; and

• Promptly notify us of any suspected unauthorized access, security incident, or misuse of your account.

If we believe you have failed to comply with these obligations, we may suspend or terminate your access to some or all Services, without notice, at our sole discretion.

7. User Submissions

7.1 User Submissions Generally.
We may permit you to submit reviews, comments, messages, text, images, videos, feedback, survey responses, or other content (“User Submissions”) via forums, email, forms, or other functionality.

Except as described in our Privacy Policy or applicable Additional Terms, you agree that:

• Your User Submissions are deemed non-confidential and non-proprietary, regardless of any label such as “confidential”; and

• HealthX Canada has no obligation to maintain, return, or store User Submissions.

7.2 Representations and Warranties.
You represent, warrant, and covenant that:

• You are the sole owner of, or have a valid license to, all rights in your User Submissions;

• You have the full right to grant the license set out in Section 7.4;

• Any review accurately reflects your genuine experience with the provider;

• User Submissions will not be false, misleading, or fraudulent; and

• User Submissions will not infringe any third-party rights (including privacy, publicity, or intellectual property).

7.3 Content Guidelines.
You agree not to submit User Submissions that:

• Threaten, harass, or harm others, or include hate speech, defamatory or obscene content, or sexually explicit material;

• Advertise or promote products, services, political campaigns, or public office (unless expressly authorized);

• Promote illegal or infringing activities;

• Impersonate any person or entity; or

• Are deceptive, inaccurate, or misleading.

7.4 License to User Submissions.
Except as otherwise described in any applicable Additional Terms, you grant HealthX Canada a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully sublicensable and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, display, perform, create derivative works from, and otherwise exploit your User Submissions, in any media now known or later developed, for any purpose, including advertising and promotion. You acknowledge that you are not entitled to any compensation for this license.

You also grant HealthX Canada the right to use your name, persona, and likeness in connection with your User Submissions, without obligation or remuneration, to the extent permitted by law.

8. Customer Data (for RCM / B2B Services)

If you are a Customer who subscribes to RCM Services or executes an Order Form, the following apply in addition to other Terms:

8.1 Customer Data.
“Customer Data” means any data, including personal health information, you provide or make available to HealthX Canada in connection with the Services. You:

• Must provide data in a format reasonably requested by HealthX Canada;

• Are responsible for maintaining accurate backup copies of all Customer Data; and

• Acknowledge that data transfer involves the risk of errors, omissions, and loss, and you must adopt reasonable measures to mitigate such risks.

You represent and warrant that:

• Provision and use of Customer Data complies with all laws, and all necessary consents and approvals have been obtained;

• Customer Data and our use thereof do not infringe third-party rights; and

• All clinical personnel have valid, unrestricted licenses and that you will promptly notify us of any changes.

8.2 Ownership and License.
You retain ownership of Customer Data. You grant HealthX Canada a non-exclusive, worldwide, royalty-free, sublicensable license to:

• Use Customer Data to provide Services and Work Product;

• Generate Aggregate Data (as defined in our Privacy Policy); and

• Disclose Customer Data to subcontractors as necessary to provide Services (subject to applicable Additional Terms).

HealthX Canada retains all rights, title, and interest in its pre-existing and underlying intellectual property, tools, methods, and know-how used in providing the Services or any Work Product.

9. Proprietary Rights; Limited License

9.1 HealthX Canada Materials.
All content and materials on or through the Services, including text, images, graphics, audio, video, logos, trademarks, trade names, and other proprietary elements (collectively, the “HealthX Canada Materials”) are owned or licensed by HealthX Canada and are protected by intellectual property laws.

9.2 Limited License to You.
Subject to your strict compliance with these Terms and any Additional Terms, we grant you a limited, non-exclusive, revocable, non-transferable, non-assignable, personal license to access and use the HealthX Canada Materials for your personal, non-commercial use (or, if you are a Customer, for your internal business purposes as authorized in writing).

This license:

• Does not grant any ownership rights; and

• May be suspended or terminated at any time, at our sole discretion, without notice.

Any use of HealthX Canada Materials not expressly authorized in these Terms is strictly prohibited.

10. No Unlawful or Prohibited Use

You agree not to:

• Upload, transmit, or distribute any content that contains viruses, malware, or harmful code;

• Upload content you have no right to share;

• Post false, misleading, defamatory, offensive, or unlawful content;

• Target or harm minors;

• Infringe third-party rights (including privacy or IP rights);

• Access, use, or attempt to access or use another user’s account;

• Misuse the HealthX Canada domain or trademarks, including in violation of our Referral Terms;

• Interfere with or disrupt the Services or networks;

• Attempt to bypass or compromise security or authentication;

• Use robots, spiders, or other automated tools to scrape or harvest data;

• Reverse engineer, decompile, or attempt to derive source code; or

• Use the Services to build a competing product or service.

We may investigate and take any action we deem appropriate, including suspension or termination of access.

11. Third-Party Information and Links

11.1 Third-Party Provider Information.
You acknowledge and agree that:

• Provider listings may be incomplete, inaccurate, or outdated;

• We do not guarantee that any provider is accepting new patients or that any information is current;

• Any maps or geographic data may not be complete or accurate; and

• Inclusion of a provider on the Site is not an endorsement and does not imply we have independently verified credentials, quality, or suitability.

11.2 Third-Party Sites and Services.
The Services may contain links or integrations to third-party websites, services, or social networks. HealthX Canada:

• Does not endorse or control any third-party sites or services;

• Provides access as a convenience only; and

• Is not responsible for their content, security, or practices.

Your access to third-party sites or services is at your own risk and may be subject to separate terms of use.

11.3 Links to Our Site.
We grant you a limited, revocable, non-exclusive right to create text links to the Site, provided that:

• You do not use our logos, trademarks, or trade dress;

• You do not suggest any affiliation, sponsorship, or endorsement; and

• Your site does not contain unlawful, offensive, or otherwise objectionable content.

We may revoke this permission at any time, in our sole discretion.

12. Disclaimers; NO GUARANTEES

THE FOLLOWING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Certain jurisdictions, including Québec, do not allow the exclusion or limitation of legal warranties or conditions. If these laws apply to you, some of the disclaimers in this Section may not apply, and you may have additional rights.

12.1 “AS IS” and “AS AVAILABLE”.
Except as expressly set out in these Terms, the Services and all content, information, and materials made available through the Services are provided “AS IS” and “AS AVAILABLE”, with all faults, and without any warranties or conditions of any kind, whether express, implied, statutory, or collateral.

Without limiting the foregoing, HealthX Canada disclaims all warranties and conditions relating to:

• Merchantability, merchantable quality, fitness for a particular purpose, title, non-infringement;

• Accuracy, completeness, timeliness, reliability, or availability; and

• That the Services will be error-free, uninterrupted, secure, or free of harmful components.

12.2 NO GUARANTEE OF OUTCOMES OR BENEFITS.
HealthX Canada does not guarantee:

• Any clinical outcome, diagnosis, treatment, or improvement;

• That any appointment will occur, be timely, or be appropriate;

• That any provider is suitable, qualified, or available;

• That any reward, Gift Card, or incentive will be earned, issued, or honored; or

• Any specific business, financial, or patient growth results.

ALL USE OF THE SERVICES AND ANY RELIANCE ON INFORMATION AVAILABLE THROUGH THE SERVICES IS AT YOUR SOLE RISK.

12.3 Service Interruptions.
If there is any interruption, disruption, or failure of the Services (regardless of cause), even if we have been advised of the possibility, we will not be required to issue any refund or credit, unless expressly required by law or a separate written agreement. We will use commercially reasonable efforts to restore Services once the cause is identified.

13. Indemnity

To the fullest extent allowed by law, you agree to defend, indemnify, and hold harmless HealthX Canada, its affiliates, and their respective officers, directors, employees, contractors, and agents (the “HealthX Canada Parties”) from and against any and all claims, demands, actions, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable legal and accounting fees) arising out of or relating to:

• Your breach or alleged breach of these Terms, any Additional Terms, or any Order Form;

• Your User Submissions or Customer Data;

• Your violation of any law, regulation, or third-party rights;

• Your use or misuse of the Services, or use by anyone using your User ID; or

• Any misrepresentation made by you.

We may, at our sole discretion, assume the exclusive defense and control of any matter otherwise subject to indemnification. You will cooperate fully as required by us. You may not settle any claim without our prior written consent.

14. Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

14.1 Excluded Damages.
In no event will HealthX Canada Parties be liable for:

• Any indirect, incidental, consequential, special, exemplary, or punitive damages;

• Any loss of profits, revenue, goodwill, or data;

• Personal injury, fines, penalties, or other economic loss;

whether based in contract, tort (including negligence), strict liability, or any other theory, even if advised of the possibility of such damages.

14.2 Aggregate Cap.
For any other damages, HealthX Canada’s total aggregate liability under or in connection with these Terms, the Services, or any use or inability to use the Services, shall in no event exceed the greater of:

• CAD $1,000, or

• If you have executed an Order Form, the total fees actually paid by you to HealthX Canada in the twelve (12) months immediately preceding the event giving rise to liability.

14.3 Limitations Are Fundamental Basis of the Bargain.
You acknowledge that the disclaimers, exclusions, and limitations above are an essential basis of the bargain between you and HealthX Canada and shall apply even if an exclusive remedy fails of its essential purpose.

15. Arbitration Agreement; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY – IT AFFECTS YOUR LEGAL RIGHTS.

15.1 Governing Law.
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

15.2 Mandatory Individual Arbitration.
To the fullest extent permitted by law, any dispute, claim, or controversy arising out of or relating to these Terms or the Services (a “Dispute”) shall be resolved by final and binding individual arbitration, and not in court, except that you or we may bring qualifying claims in small claims court.

Arbitration shall be administered by an established Canadian arbitration institution (such as the ADR Institute of Canadaor Canadian Arbitration Association) in accordance with its applicable rules. The seat of arbitration shall be Ontario, Canada, and the language shall be English.

15.3 Class Action Waiver.
You and HealthX Canada agree that any arbitration or proceeding will be conducted only on an individual basis, and notas a class, collective, representative, or private attorney general action. No arbitrator shall have authority to:

• Consolidate claims of multiple individuals; or

• Preside over any form of class or representative proceeding.

15.4 Limitation Period.
To the fullest extent permitted by law, any Dispute must be filed within one (1) year after the cause of action arises; otherwise, such Dispute is permanently barred.

16. Term, Termination, and Survival

16.1 These Terms commence on the date you first use the Services and continue for as long as you use the Services, unless terminated earlier as provided herein.

16.2 If you have not executed an Order Form, we may at any time, in our sole discretion and without notice, suspend or terminate:

• Your access to the Services; and/or

• These Terms,

including where we believe you have breached these Terms or engaged in fraudulent or abusive activity.

16.3 You may terminate these Terms at any time by ceasing all use of the Services. If you continue to use any portion of the Services after termination, these Terms will continue to apply to the extent of such use.

16.4 Upon termination, your right to access and use the Services immediately ceases. Sections which by their nature should survive (including ownership, disclaimers, limitations of liability, indemnities, arbitration, and general provisions) will survive termination.

17. Gift Card / Incentive Policy (Additional Terms)

This Gift Card / Incentive Policy (the “Gift Card Terms”) forms part of these Terms and applies specifically to HealthX Canada’s gift card, reward, or incentive programs (the “Program”).

17.1 Nature of the Program.
The Program is a discretionary promotional program under which eligible HealthX Canada members may, subject to all eligibility criteria, receive a gift card, reward, or incentive (a “Reward”). No aspect of the Program is guaranteedand HealthX Canada may modify, suspend, or terminate the Program at any time, in its sole and absolute discretion.

17.2 Eligibility and Conditions.
To potentially earn a Reward, all conditions for the specific promotion must be met, which may include, for example:

• Booking and attending a qualifying new patient appointment (e.g., dental new patient exam, x-rays and cleaning; initial and follow-up chiropractic or physiotherapy visits) via the HealthX Canada online platform only;

• Never having previously attended that provider or claimed a Reward with HealthX Canada;

• Being at least 18 years old at the time of the qualifying appointment;

• Submitting a complete and valid claim form and official receipt within the stated time period (e.g., within six (6) months of the appointment date).

Consult the specific promotional materials for the current Reward amount, requirements, and deadlines.

17.3 Program is Discretionary; No Rights Created.
The Program:

• Does not create any contractual, tort, or equitable rights in your favour;

• Does not constitute wages, salary, or earned compensation; and

• Provides purely unearned, gratuitous benefits, granted solely at HealthX Canada’s discretion.

To the maximum extent permitted by law, you agree that you have no right to bring any court or tribunal proceedingbased solely on participation in the Program or any decision relating to Rewards. Any disputes must be resolved exclusively under the arbitration provisions of these Terms.

17.4 Verification and Claims.
HealthX Canada reserves the right, in its sole and unfettered discretion, to:

• Verify any claim, receipt, or information submitted;

• Refuse, deny, reverse, or cancel any Reward or claim for any reason, including suspected fraud, invalidity, or ineligibility; and

• Limit the Program to one Reward per person, unless expressly stated otherwise.

17.5 Privacy and Consent.
By participating in the Program, you consent to HealthX Canada collecting and using certain information (e.g., your name, contact information, provider details, appointment date, and treatment type) solely for the purpose of administering the Program, all in accordance with our Privacy Policy.

If you withdraw your consent in writing, your claim and participation in the Program will automatically be withdrawn, and you will no longer be eligible to receive a Reward.

17.6 No Guarantee of Reward; No Liability.
HealthX Canada does not guarantee that any individual will receive a Reward, that any Reward will be of a particular value, or that any Reward will be available at all times. To the fullest extent permitted by law, HealthX Canada is not liable for any loss, damage, or disappointment resulting from your participation in, or inability to participate in, the Program or from any decision relating to Rewards.

18. General Provisions

18.1 Governing Law.
These Terms are governed by the laws of Ontario, Canada, without regard to conflict of laws, and subject to the arbitration provisions above.

18.2 Entire Agreement.
These Terms, together with any applicable Order Form, Privacy Policy, and Additional Terms, constitute the entire agreement between you and HealthX Canada relating to the Services and supersede all prior communications and proposals.

18.3 Waiver.
Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver must be in writing to be effective.

18.4 Severability.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision shall be deemed severed and the remaining provisions shall remain in full force and effect.

18.5 Assignment.
You may not assign or transfer these Terms, or any rights or obligations hereunder, without our prior written consent. We may assign these Terms, in whole or in part, without your consent. Any unauthorized assignment is void.

18.6 No Confidentiality Guarantee.
We do not guarantee the confidentiality of communications made via the Site and do not guarantee the security of data transmitted over the Internet or public networks.

18.7 Geographic Restrictions.
The Services are intended for users located in Canada. If you access the Services from outside Canada, you do so at your own risk and are responsible for compliance with applicable local laws.

18.8 Language.
It is the express wish of the parties that these Terms and all related documents be drawn up in English.
C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.