Updated: April 25, 2023
1. Agreement
THESE TERMS SHOULD BE READ CAREFULLY, AS THEY AFFECT THE PARTIES‘ LEGAL RIGHTS BY, AMONG OTHER THINGS, LIMITING Hole Medical’S LIABILITY FOR THE SERVICE AND PERMIT Hole Medical TO CHANGE THESE TERMS.
These Hole Medical Terms of Service and all policies and documentation expressly incorporated herein (collectively, these “Terms”) govern the access to or use, downloading, initiation, or administration (collectively, “Use(s)” or “Using”) of the Hole Medical service, including related software applications, (the “Service”) by you and, if you are Using the Service on behalf of or for the benefit of any legal entity or business, such entity or business (collectively, “You” or “Your”). This is a legally-binding contract between You and Hole Medical Inc. (“Hole Medical”), an Ontario corporation located at 200-685 Main Street East, Hamilton, Ontario, Canada, L8M 1K4, for the Use of the Service.
By Using the Service, You agree to and accept these Terms, and, if You are Using the Service on behalf of or for the benefit of any legal entity, You represent and warrant to Hole Medical that You have the authority to bind such legal entity to these Terms and enter into these Terms on such entity’s behalf. IF YOU DO NOT HAVE SUCH AUTHORITY OR DO NOT AGREE TO THESE TERMS, THEN YOU SHOULD NOT ACCEPT THESE TERMS, ACCESS, USE, DOWNLOAD, INITIATE, OR ADMINISTER THE SERVICE OR AUTHORIZE OR PERMIT ANY OTHER PERSON OR ENTITY TO DO SO.
2. The Service
The Service is provided as-is and without support, and Hole Medical makes no commitment or guarantee – and shall have no obligation – relating to any availability/unavailability, uptime/downtime, performance, reliability, functionality, features, or other operation/inoperation of the Service (including without limitation any integration or other feature of the Service designed to interoperate with any third-party offering (“Integration”)). You acknowledge and agree that (a) the Service will not be uninterrupted, error-free, or available 100% of the time, (b) content may be transmitted, streamed, communicated, recorded, received and/or stored through the Service and other users or participants in Your meetings may export, save, store, record, or copy such content by or on behalf of You or other users in a variety of ways (including without limitation via third-party integrations or local or external download), (c) the Service is not intended to, and should not, be used for back-up or long-term storage of data, and (d) Hole Medical shall not be responsible for any such exported content or any loss of such stored content. Use of mobile applications may utilize underlying third-party cellular and/or data services and thus may use such services’ allotted units and/or result in usage or other charges associated with such third-party services.
Hole Medical may – in its sole discretion, at any time, with or without notice, and without any obligation or liability to You or any other party – suspend, terminate, limit, change, modify, downgrade, and/or update the Service (in whole or in part), including without limitation any feature, functionality, Integration or component thereof.
THE SERVICE SHALL NOT, AND IS NOT INTENDED TO, BE USED FOR ANY APPLICATION WHERE FAILURE, INTERRUPTION, OR MALFUNCTION MAY REASONABLY BE ANTICIPATED TO RESULT IN BODILY INJURY, LOSS OF LIFE, OR SUBSTANTIAL DAMAGE TO PROPERTY, INCLUDING WITHOUT LIMITATION TO SUPPORT OR CARRY EMERGENCY CALLS TO EMERGENCY SERVICES (e.g. E911 or 112 numbers). Hole Medical is not liable for any claims, damages or loss which arise from this limitation.
3. Use of the Service
You agree to Use the Service in accordance with these Terms and in accordance with any and all applicable laws and regulations, including by obtaining all required consents, licenses, rights, authorizations, and/or permits. You shall be solely responsible and liable for Your Use of the Service, including without limitation for any and all content transmitted, streamed, communicated, recorded, received, and/or stored to or through the Service by You (“Your Content”). To the extent that You choose to use any software applications provided by Hole Medical in relation to the Service, You agree that You will promptly install all upgrades, bug fixes, patches, and other corrections relating to the Service made available by Hole Medical.
You agree not to:
4. Your Content
You retain ownership of any intellectual property rights that You hold in Your Content. When You transmit, stream, communicate, record, receive, and/or store content to or through the Service, You give Hole Medical (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that Your content works better with the Service), communicate, publish, publicly perform, publicly display, and distribute such content solely for the limited purpose of operating and enabling the Service to work as intended for You and for no other purposes. Make sure You have the necessary rights to grant us this license for any content that You submit to or through the Service.
If You submit a name or photo to associate with Your use of the Service, we may display Your name and photo in conjunction with Your Use. We will respect the choices You make to limit sharing or visibility of Your name and/or photo in the settings. For example, You can choose to set Your settings so that Your name and photo do not appear.
If You submit feedback or suggestions about the Service, we may use Your feedback or suggestions without obligation to You.
You cannot post someone else’s private or confidential information without permission or do anything that violates someone else’s rights, including intellectual property rights (e.g., copyright infringement, trademark infringement, counterfeit, or pirated goods).
You may use someone else’s works under exceptions or limitations to copyright and related rights under applicable law. You represent you own or have obtained all necessary rights to the content you post or share, including the URL name you have chosen.
5. Privacy
The Hole Medical privacy policy explains how we treat Your personal data and protect Your privacy when You Use the Service. By using the Service, You agree that Hole Medical can use such data in accordance with its privacy policy.
6. Terms and Conditions Applicable to Customers of the Hole Medical Medical Plan
Hole Medical will establish the appropriate administrative, technical, and physical safeguards to prevent personal health information from intentionally or unintentionally being used or disclosed in violation of PHIPA’s requirements. Hole Medical is not a Health Information Custodian. It is the responsibility of the Custodian to retain and ensure the currency of personal health information.
7. Software Applications for the Service
When the Service requires or includes downloadable software applications, this software may update automatically on Your device once a new version or feature is available. Hole Medical gives You a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use any software application provided to You by Hole Medical as part of the Service. This license is for the sole purpose of enabling You to use the Service as provided by Hole Medical, in the manner permitted by these Terms.
8. Third-Party Offerings and Integrations
Your relationship with third-party providers of offerings that interoperate or are used with the Service (e.g., third-party applications for which an Integration is available) shall in each case be governed by Your agreement with that third-party provider and shall be outside the scope of these Terms. Hole Medical shall in no way be responsible or liable for such third-party provider, its actions or omissions, or its offerings.
9. Additional Rights We Retain
If you select a username or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone’s intellectual property or impersonates another user).
If you use content covered by intellectual property rights that we have and make available in our Service (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours).
You can only use our intellectual property and trademarks or similar marks as expressly permitted by our Brand Guidelines or with our prior written permission.
10. Representations, Warranties, and Disclaimers
You affirm that You are of legal age and are otherwise fully able and competent to enter into these Terms, and to abide by and comply with these Terms. Although we cannot absolutely control whether minors gain unauthorized access to the Service, access may be terminated without warning if we believe that You are underage or otherwise ineligible.
Hole Medical provides the Service using a commercially reasonable level of skill and care, and we hope that You enjoy using it. There are certain things that we do not promise about the Service.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER Hole Medical NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES, WARRANTIES, OR COMMITMENTS ABOUT THE SERVICE. FOR EXAMPLE, Hole Medical DOES NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICE, THE SPECIFIC FUNCTIONS OF THE SERVICE, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICE “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
11. Liability for the Service
WHEN PERMITTED BY LAW, Hole Medical, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF Hole Medical, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO TEN DOLLARS (USD$10).
IN ALL CASES, Hole Medical, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. THE EXCLUSIONS AND LIMITATION SHALL APPLY REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND ON A CUMULATIVE (RATHER THAN PER-INCIDENT) BASIS.
12. Business Uses of the Service
If the Service is being Used on behalf of a business, such business will hold harmless and indemnify Hole Medical and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the Use of the Service or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
13. Other (but Still Important)
We may modify, change, amend, replace or update these Terms or any additional terms that apply to the Service at any time and in any manner by updating the web page on which these Terms reside or otherwise notifying You. You should look at these Terms regularly. Any such modification, change, amendment, replacement or update shall be effective on the date of such update to the applicable web page (or on the date of such notification, where such notification is used by Hole Medical in lieu of such update), or on such later date specified by Hole Medical. If You do not agree to the modified terms for the Service, You should discontinue Your Use of the Service.
These Terms do not create any third-party beneficiary rights.
If You do not comply with these terms, and we do not take action right away, this does not mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of the Province of Ontario, Canada will apply to any disputes arising out of or relating to these Terms or the Service. All claims arising out of or relating to these Terms or the Service will be litigated exclusively in the federal or provincial courts of Ontario, Canada, and You and Hole Medical consent to personal jurisdiction in those courts.
