Terms of Service

Warning

Triage is only for use by physicians trained in the clinical diagnosis and management of skin problems (i.e., dermatologists) who have also successfully completed a training program in the appropriate use of Triage.

Triage is not a screening device. Triage should be used in conjunction with dermatological clinical expert assessment. A negative reading does not eliminate the possibility that the lesion might be or evolve into a melanoma. There is a potential for Triage to not detect all malignant or high grade lesions. Careful clinical reassessment should be given to those lesions that are non-evaluable by Triage as to whether the lesion should be biopsied.

Overview of Terms

Please read this agreement carefully before using this service. By using the service the customer is agreeing to be bound by this agreement. Please review the below “Arbitration Agreement” section closely, as it contains a binding arbitration process for resolving disputes instead of using the court process. This agreement is between Triage Technologies, Inc., a Canadian federal corporation (“Triage”) and the customer agreeing to these terms (“Customer” or “you”), and covers all services provided by Triage to Customer. The following terms of use (the “Terms of Use”) will govern your access or use of all services provided by Triage. By accessing and using the platform, you agree to be bound by and comply with the Terms of Use. Do not use the platform for medical emergencies. If you have a medical emergency, please call 911 or visit the nearest emergency room. Triage is not liable for any self-treatment based on any of its content or platform. Triage reserves the right to alter these Terms of Use at any time without notice. It is the Customer’s responsibility to review the Terms of Use regularly, and continued access to Triage after any changes to the Terms of Use indicates acceptance of any and all changes. The Triage Privacy Statement is officially a part of these Terms of Use even though it’s a separate document. These Terms of Use will commence on the day you first use the Platform and will continue into force until terminated by either party as described below (the "Term"). Either party may terminate these Terms of Use as follows: (i) Triage may terminate these Terms of Use at any time and with immediate effect by giving notice to you, at Triage’s discretion, by email or through the platform; (ii) you may terminate these Terms of Use at any time and with immediate effect by requesting by email or through the platform that your User Account be deleted or deactivated, ceasing use of the platform and uninstalling and removing all local software components thereof from your systems, including removing any Triage application from your mobile device.

Triage's failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provisions or right. If any of the provisions contained in these Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination will not affect the remaining provisions contained herein.

Use of Triage

Customer use must be legal and Customer must be an adult to use Triage. As a condition of use, Customer warrants that they have reached the age of majority in their residing jurisdiction or the jurisdiction from which they are accessing the platform. Triage retains the right to refuse access or service to anyone at anytime and for any reason. The Customer agrees to cease from any and all access upon request by Triage, including, but not limited to, for violation of the Terms of Use.

CUSTOMER RESPONSIBILITIES

Customer may allows its employees and contractors to access and use Triage in compliance with the terms of this agreement, which access must be for the sole benefit of Customer. Customer is responsible for the compliance with this agreement by its employees and contractors. Customer may not (i) sell, resell, rent or lease the Service, use the Service beyond its internal operations or reverse engineer the Service, (ii) use the Service to store or transmit infringing, unsolicited marketing emails, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party rights (including without limitation any privacy rights), (iii) interfere with or disrupt the integrity or performance of the Service, (iv) attempt to gain unauthorized access to the Service or its related systems or networks, (v) reverse engineer the Service or remove or modify any proprietary marking or restrictive legends in the Service, (vi) use the Service in violation of any law (vii) access the Service to build a competitive product or service, or copy any feature, function or graphic of the Service for competitive purposes. Customer is solely responsible for Customer Information (defined below), must use commercially reasonable efforts to prevent unauthorized access to the Service, must notify Triage promptly of any such unauthorized access, and may use the Service only in accordance with its user guide and applicable law.

Customer Information:

All data, information, images and files entered or uploaded by Customer to the Service remains the sole property of Customer, as between Triage and Customer (Customer Information), subject to the other terms of this agreement. Customer grants Triage a non-exclusive, royalty-free license to modify, store, transmit and otherwise use the Customer Information for purposes of Triage performing under this agreement.

Customer represents and warrants to Triage that all Customer Information, Content (defined below) and other material provided under Customer’s account, by Customer or on its behalf, is true, correct and accurate. If Customer learns that any Customer Information or Content provided to Triage as part of the Service is not true, correct or accurate, Customer must immediately notify Triage by phone and in writing of this fact, and provide the true, correct and accurate information to Triage. Triage relies on Customer representations regarding the truth, accuracy and compliance with laws of Customer Information and Content. Triage is not liable for any loss or damage caused by Customer’s failure to comply with this paragraph, irrespective of any act or omission on the part of Triage.

ADDITIONAL TERMS

Content:
Customers may upload or submit content, files and information to the Service (Content). As between Triage and Customer, all Content belongs to Customer, and Customer hereby grants Triage a non-exclusive irrevocable, perpetual, royalty free license to display, store, distribute, share, modify and otherwise use such Content for purposes of this agreement, including without limitation a license to syndicate the Content to third party publisher sites.

Warranties:
Customer represents and warrants to Triage that (i) any Content submitted to the Service does not violate any copyright, trade secret, privacy or other third party right, (ii) tt will not submit any Content that is untrue, defamatory, harmful to any person, or violates its jurisdiction’s health privacy rules, State, Province, or Federal laws on patient privacy, and (iii) all patient testimonials submitted by Customer are accurate and have the patient's consent, and comply with ethical guidelines of professional medical associations as well as state and local medical and private practice boards and governing bodies.

Reminders and SMS Messages:
Customer agrees that by registering for the Service, including any request forms or use of communications features, constitutes a request for Triage to send email, fax, phone call, or SMS reminders about upcoming appointments, special offers, and upcoming events. Triage is not responsible for any text messaging or data transmission fees. If Customer provides a cellular phone number and agrees to receive communications from Triage, Customer specifically authorizes Triage to send text messages or calls to such number. Customer represents and warrants it has the authority to grant such authorization. Customer is not required to consent to receive text messages or calls as a condition of using the Service and may opt out of such messages through the Services.

Reviews & Opinions:
Triage does not endorse, validate as accurate, or necessarily agree with any of the reviews, links and user generated content from users or Customers on the Triage platform or service. Triage reserves the right to refuse to publish any patient review provided by Customer. Triage may attempt to send automated or human-based alerts when reviews are provided on third party websites, but Triage does not guarantee the accuracy, completeness or timeliness of such alerts.

Advertisements:
Triage reserves the right to place advertisements or messages from third parties on free claimed listings web pages as well as free versions of Triage. Such advertisements or messages from third parties may be visible to users as well as Customers.

PROPRIETARY RIGHTS

The software, workflow processes, user interface, designs, know-how and other technologies provided by Triage as part of the Service are the proprietary property of Triage and its licensors, and all right, title and interest in and to such items, including all associated intellectual property rights, remain only with Triage. Triage reserves all rights unless expressly granted in this agreement.

WARRANTY AND DISCLAIMERS

Triage does not provide any guaranties or assurances as to maintenance of uptime of the server or website, but will make commercially reasonable efforts to maintain uptime of 99%. Each party to this agreement represents and warrants to the other party that it will comply with all applicable laws regarding its performance under this agreement. Triage does not provide medical advice or services, and use of Triage is not a substitute for a healthcare professional’s judgment in diagnosing and treating you or any potential patient. It is the sole responsibility of the Customer to provide and verify the accuracy of any and all patient information, including, without limitation, all applicable patient’s medical and medication history and allergies. It is the sole responsibility of the Customer to obtain the patient’s consent to use Triage, and for all of its decisions or actions with respect to the medical care, treatment, and well-being of its patients, including without limitation, all of Customer’s acts or omissions. Customer assumes all risks associated with Customer’s clinical use of Triage for the treatment of patients. Triage does not assume any liability or responsibility for damage or injury, including death, to Customer, a patient, other person, or tangible property arising from any use of Triage. Triage disclaims all other warranties, including, without limitation, any warranty that the service will be uninterrupted, error free or without delay, and the implied warranties of merchantability and fitness for a particular purpose. Triage does not guarantee that its services or platform cannot or will not be compromised with respect to security and technical features. Triage disclaims any warranty regarding any percentage of collection of claims for Customer. To the extent that the foregoing limitation does not apply, in no event will the total aggregate liability of Triage in connection with or under these Terms of Use or your use of, or inability to make us of, the platform or the content, or for any other claim related in any way to your use of, or inability to make use of, the platform or the content exceed the aggregate amount of the fees paid by you or Customer over the Term.

SUBSCRIPTION FEES AND TAXES

Triage may, in its sole discretion, offer some of the Platform Services to you for free or charge subscription fees in accordance with its then-current fee schedule that can be found on the Triage website and is subject to change, from time to time (the "Fee Schedule"). You or a responsible third party will pay any such applicable fees in accordance with the Fee Schedule (the "Fees"). Unless otherwise expressly indicated in the Fee Schedule, all Fees are quoted in Canadian dollars exclusive of applicable sales and value added taxes and are non-refundable and payable upon invoicing or demand from Triage. You or a responsible third party will pay all sales and value added taxes that may be imposed in each applicable jurisdiction and will hold and save Triage harmless in respect of any such taxes. Triage will not charge you any Fees for any Health Services that are insured under a provincial or territorial health insurance plan in Canada which you are entitled to receive at no cost to you as an insured person under any such plan.

Triage may require you to provide and keep updated during the Term the details of a current and valid credit card, debit card, PayPal account, or other payment method ("Payment Method") that is acceptable to Triage in its sole discretion. You hereby authorize Triage to charge any and all Fees that become due and payable to the Payment Method. You agree to pay such fees, charges and penalties (including costs and expenses related to collection by Triage of overdue payments) as Triage may from time to time set out on the Triage website in respect of late or overdue payments, or declined or unsuccessful Payment Method transactions.

INDEMNIFICATION

To the extent allowed by applicable law, Customer must indemnify, defend, and hold harmless Triage (and all of its officers, directors and employees) against all third-party claims (including without limitation by governmental agencies), demands, damages, costs, penalties, fines, and expenses (including reasonable attorneys’ fees and costs) arising out of or related to (i) the use of the Service by Customer, (ii) Customer’s breach of any term in this agreement, (iii) any unauthorized use, access or distribution of the Service by Customer, or (iv) violation of any individual’s privacy rights related to information submitted under Customer’s account, or fraudulent, invalid, duplicate, incomplete, unauthorized, or misleading information submitted under Customer’s account or by Customer. You further indemnify and hold harmless Triage, its officers, employees, affiliates, and licensors for any bodily harm, injury, or death, to you or any third party that may result from the use of or reliance on the Triage platform.

GOVERNING LAW AND JURISDICTION

You hereby agree, unless the applicable laws of your jurisdiction require that the laws of your jurisdiction govern, that (i) all aspects of the relationship between you and Triage (including Triage’s officers, employees, directors, agents and any physicians), including without limitation and medical services provided to you, and (ii) the resolution of any and all disputes arising from or in connection with that relationship, including any disputes arising under or in connection with these Terms of Use, shall be governed by and construed in accordance with the laws of the province of Ontario and the laws of Canada applicable therein. These laws apply to your access to or use of the Platform or the Content, notwithstanding your domicile, residency or physical location. The Platform and the Content are intended for use only in jurisdictions where they may be lawfully offered for use. If any provision of the present Terms of Use shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

ARBITRATION AGREEMENT

Any dispute or claim that may arise between the parties relating in any way to or arising out of this agreement, Customer’s use of or access to the Services (Claim), must be resolved exclusively through final and binding arbitration (rather than in court) under the then current commercial rules of the Canadian Arbitration Association in Toronto, Ontario. Any judgment on the award rendered by the arbitrator is final and may be entered in any court of competent jurisdiction. Nothing in this agreement prevents either party from seeking injunctive or equitable relief in any court of competent jurisdiction. The prevailing party in any arbitration or litigation is entitled to recover its attorneys’ fees and costs from the other party. EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL PARTY BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, CLASS OR REPRESENTATIVE PROCEEDING.