Terms of Service

By using CompanyOn (the "Service"), you are agreeing to be bound by the following Terms of Service. Conceptualshift Inc. ("Company") reserves the right to update and change these Terms of Service without notice. Violation of any of the terms below may result in the termination of your account.

Terms of Service Acceptance

Welcome to CompanyOn. These Terms & Conditions ("Terms") govern your access to and use of our software-as-a-service (SaaS) platform, including related mobile and web applications, services, and content (collectively, the "Service"). By subscribing to or using the Service, you agree to these Terms on behalf of your organization or practice ("Customer", "You").

Definitions

• "CompanyOn", "We", "Us" means Conceptualshift Solutions Inc., organized under the laws of British Columbia, Canada.
• "Customer" means the healthcare professional, clinic, or organization subscribing to or using the Service.
• "Personal Information" or "PHI" refers to identifiable health or personal data as defined under PIPEDA, HIPAA, or GDPR.
• "Service" means the CompanyOn SaaS platform and related support, hosting, and integrations.
• "Sub-Processor" means any third party engaged by CompanyOn to process Personal Information on behalf of the Customer.

Use of the Service

• Eligibility: The Service is available only to healthcare professionals and organizations operating in compliance with applicable laws.
• License: CompanyOn grants You a limited, non-exclusive, non-transferable license to use the Service for Your internal business purposes.
• Restrictions: You shall not (a) reverse engineer, modify, or copy the Service, (b) use the Service to process unlawful content, or (c) share credentials or allow unauthorized access.
• Compliance: You agree to comply with all applicable privacy, health, and professional laws including PIPEDA, HIPAA, and GDPR.

Customer Responsibilities

• Data Custodianship: You remain the custodian of all PHI and Personal Information entered into the Service.
• Consent: You are responsible for obtaining all required consents from individuals whose data You process.
• Account Security: You must maintain the confidentiality of Your credentials and promptly notify CompanyOn of any unauthorized access.

CompanyOn claims no intellectual property rights over the data or material you provide to the Service. All content and data uploaded are confidential and remain yours.

Fees and Payment

• Fees: Subscription fees are payable as stated on CompanyOn's pricing page or invoice.
• Renewals: Subscriptions renew automatically unless canceled prior to renewal.
• Refunds: Annual subscriptions are non-refundable after 10 days of activation; monthly subscriptions may be canceled at any time prior to the next billing cycle.
• Suspension: CompanyOn may suspend service for non-payment after reasonable notice.

Termination and Data Retention

• Either party may terminate this Agreement for cause with 30 days' written notice.
• Upon termination, Customer may request a data export within 30 days. Remaining data will be securely deleted from active systems within 90 days.
• CompanyOn retains the right to maintain backup copies as required by law or for audit purposes.

Refund Policy

Any upgrade or downgrade in plan level will result in the new rate being charged at the next billing cycle. There will be no prorating for downgrades in between billing cycles.

Downgrading your Service may cause the loss of features or capacity of your account. The Company does not accept any liability for such loss.

If you've signed up for our annual plan and decide to cancel within the first 10 days, you'll receive a full refund. After that, your purchase is final and you will not be able to cancel the purchase and/or receive a refund of your subscription fee at any time. You may cancel your subscription at any time, but cancellation will be effective at the end of the then-current subscription period.

You acknowledge that credit card information, processing, and security are implemented using our third-party payment gateway's security measures in all transactions. Credit card details are NOT stored within our servers — they are stored securely by Stripe. Please see Stripe's Terms of Use to learn more.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, excluding only Canada (federal or provincial) taxes. Where required, the Company will collect those taxes on behalf of the taxing authority.

Modifications to the Service

• The Company reserves the right at any time to upgrade, modify, or discontinue, temporarily or permanently, any part of the Service with or without cause or notice.
• Prices of all Services are subject to change upon 30 days' notice. Notice may be provided by posting the changes to the Company website or within the Service.
• The Company shall not be liable for any modification, price change, suspension, or discontinuance of the Service.

Confidentiality

• Each party agrees to maintain the confidentiality of proprietary or personal data disclosed during the term of the Service.
• CompanyOn shall ensure all employees and Sub-Processors comply with confidentiality obligations consistent with these Terms.

Data Protection and Privacy

• The processing of Personal Information is governed by CompanyOn's Privacy Policy and Privacy and Data Protection Agreement (BAA/DPA).
• CompanyOn acts as a data processor/agent on behalf of the Customer, who remains the data controller/custodian.
• Data will be processed and stored in secure data centers located in Canada and/or the United States under comparable protections.
• CompanyOn implements administrative, technical, and physical safeguards consistent with PIPEDA, HIPAA, and GDPR standards.

Terms of Use for SMS and Email Authentication

By subscribing to our service, you agree to receive SMS messages and/or emails for authentication purposes. This service is designed to enhance the security and integrity of your account and personal information.

Consent to Receive Communications

By opting in, you expressly consent to receive SMS messages and/or emails from us related to authentication processes, including but not limited to two-factor verification codes and security alerts.

Message and Data Rates

Standard message and data rates may apply for any SMS messages sent to you. CompanyOn is not responsible for any charges that may be billed by your mobile service provider.

Opt-Out Option

You have the right to opt-out of receiving SMS messages and/or emails at any time. To opt-out, reply "STOP" to an SMS, or click the unsubscribe link in an email. Upon opting out, you will no longer receive authentication messages, which may impact the security and accessibility of your account.

Electronic Communication Service Terms

CompanyOn is dedicated to offering secure and efficient electronic communication services. This clause outlines the terms of use, ensuring both account holders and their patients understand and agree to these terms.

Patient Communication Rights and Consent

Our services — including online forms, appointment reminders, and notifications via email or SMS — require account holders to obtain clear, explicit consent from patients or clients. This opt-in consent is crucial for all forms of electronic communication facilitated through our platform. Liability for any communication sent without patient consent rests solely with the account holder.

Zero Tolerance for Abuse

CompanyOn enforces a zero-tolerance policy against the misuse of our Electronic Communication Service. This includes prohibitions on spamming, affiliate marketing, automated bot activities, and any other unethical communication practices. Violations may result in immediate service suspension or termination, without refund.

Online Payment Processing

If you choose to sign up for our online billing processing, CompanyOn's payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement").

By agreeing to these terms or continuing to operate as an account holder, you agree to be bound by the Stripe Services Agreement. As a condition of CompanyOn enabling payment processing services through Stripe, you agree to provide accurate and complete information about you and your business, and you authorize CompanyOn to share it and related transaction information with Stripe.

General Conditions and Limitation of Liability

Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis. The Company and its suppliers expressly disclaim all warranties or representations of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, non-infringement, or bailment of your data on the Company's servers.

You acknowledge that the Company uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, payment processing, and related technology required to run the Service. The Company does not endorse and is not responsible or liable for their availability, accuracy, related content, products, or services.

Verbal, physical, written, or other abuse (including threats of abuse or retribution) of any Service customer, Company employee, or officer will result in immediate account termination.

We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet. Please refer to our Security Overview for more details.

You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses resulting from: (i) the use or inability to use the service; (ii) the cost of procurement of substitute goods and services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.

Technical support is only provided via email at [email protected].

The Company will endeavour to make the Service available 24 hours a day, seven days a week. However, the Service may occasionally be unavailable during periods of planned or unscheduled maintenance.

Governing Law

These Terms shall be governed by the laws of the Province of British Columbia and the laws of Canada applicable therein, without regard to conflicts of law. Disputes shall be resolved in the courts located in Vancouver, British Columbia.

Changes & Questions

Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

CompanyOn may update these Terms occasionally — we'll notify you about significant changes by emailing the account owner or by placing a prominent notice on our site.