Terms of Use

1. Overview of Services

Welcome to Jupiter Health Inc. (“Jupiter,” "we," "us," or "our"), Operating through the website www.jupiterhealth.ca. Our secure Platform (the “Platform”) facilitates access to telemedicine services and other health related services (collectively referred to as the “Services”). As a user ("user," "you," or "your"), you have the opportunity to register for an account, complete assessment forms and questionnaires, undergo medical consultations conducted by registered and qualified Healthcare Professionals (the "Healthcare Professionals"), and receive customized treatment plans and prescriptions, as medically appropriate.

Important Note: Our Services are intended to complement, not replace, in-person medical consultations and treatments. They are not a substitute for comprehensive, in-person medical care. These Services are rendered through various mediums including text, audio, and video technology, developed either by us or our partner professionals who may be contractors or employees.

By accessing or using the Platform, or by being provided with any of our Services, you agree to be bound by these Terms of Use (the “Terms of Use” or “TOU”). You will be asked to accept these Terms of Use as part of your account registration. Therefore, if you do not wish to be bound by these Terms of Use, please refrain from accessing or using the Platform. Furthermore, you are encouraged to read our Privacy Policy, which is incorporated by reference into these Terms of Use.

Before engaging with our services, you are required to read and complete the Virtual Care Consent Form. This form outlines the risks and limitations of virtual care and is crucial for obtaining your informed consent to our virtual care and Services.

2. Last Revised Date

These Terms of Use were last updated on November 28, 2023. We reserve the right to update or modify these Terms at any time, and you agree to be bound by such modifications or updates. It is your responsibility to regularly review these Terms to stay informed of any changes.

3. Acceptance of Terms

BY ACCESSING, REGISTERING FOR AN ACCOUNT, OR UTILIZING THE SERVICES PROVIDED THROUGH Jupiter Health, YOU HEREBY AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY THESE TERMS OF USE. YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS CAREFULLY AND UNDERSTAND YOUR LEGAL OBLIGATIONS HEREIN. SHOULD YOU NOT CONSENT TO BE BOUND BY THESE TERMS, YOU ARE REQUIRED TO IMMEDIATELY CEASE ALL USAGE OF OUR SERVICES.

IN ADDITION, BY ACCESSING AND UTILIZING JUPITER HEALTH, YOU FURTHER AGREE TO COMPLY WITH ALL APPLICABLE FEDERAL, PROVINCIAL, AND LOCAL LAWS AND REGULATIONS, INCLUDING BUT NOT LIMITED TO THOSE GOVERNING TELEHEALTH AND PHARMACY SERVICES WITHIN THE JURISDICTION OF ONTARIO, CANADA. FAILURE TO COMPLY WITH THESE LAWS AND REGULATIONS CONSTITUTES A BREACH OF THESE TERMS AND MAY RESULT IN IMMEDIATE TERMINATION OF YOUR ACCOUNT AND ACCESS TO OUR SERVICES.

IMPORTANT: The Platform is intended solely for non-emergency medical consultations and must not be used for medical emergencies. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, IT IS IMPERATIVE THAT YOU IMMEDIATELY CONTACT THE EMERGENCY SERVICES IN YOUR AREA OR PROCEED TO THE NEAREST HOSPITAL OR HEALTHCARE CENTER.

4. Availability, Eligibility and Use of the Jupiter Platform

Age Requirement

Access to and use of the services provided by Jupiter Health are restricted to individuals who are at least 18 years of age. By accessing or using the services, you represent and warrant that you meet the age requirement, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these terms of use.

Location Requirement

The Jupiter Health Platform is only available to residents (permanent or temporary) within the provinces of Ontario, British Columbia, Alberta, Manitoba, Saskatchewan, Nova Scotia, New Brunswick, Newfoundland and Labrador and Price Edward Island. You must be within Canada while receiving the Services offered on the Platform.

Availability of the Jupiter Platform

Jupiter bears no responsibility or liability for the deletion or inability to store or deliver any content managed or transmitted through the Jupiter Platform. Jupiter retains the right, at any given time, to alter or terminate the Platform, either in whole or in part, with or without prior notice. Jupiter shall not be held accountable to you or any third party for any changes, temporary suspensions, or discontinuation of the Platform.

User Account Creation and Maintenance

To avail yourself of our Services, you must register for a user account ("Account"). You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

Password Security

You are responsible for maintaining the confidentiality of your password and Account. You agree to notify Jupiter Health immediately of any unauthorized use of your Account or any other breach of security related to the services. Jupiter Health will not be liable for any loss or damage arising from your failure to comply with this section.

5. User Responsibility and Conduct

Scope and Limitations of Telehealth Services

The Jupiter Health Platform is a technology-based Platform designed to connect users with licensed Healthcare Professionals, enabling them to conduct consultations and formulate treatment plans based on their professional judgment. While Jupiter does facilitate access to these Services, Jupiter itself is not registered to provide healthcare services.

Only licensed Healthcare Professionals are permitted to offer Services to users through the Jupiter Platform. These Healthcare Professionals include Physicians and Nurse Practitioners licensed to practice medicine in a Canadian province or territory.

The rules governing telehealth provision vary by province and territory. Healthcare Professionals may not always be located in the same province or territory as You when providing Services.

PLEASE ALSO NOTE THAT OUR SERVICES ARE INTENDED TO SUPPLEMENT, NOT REPLACE, IN-PERSON MEDICAL CARE

Disclaimer of Liability for Misdiagnosis

Be advised that the absence of in-person physical evaluation may result in misdiagnosis and associated health risks. Jupiter Health expressly disclaims any liability arising from inaccuracies, misdiagnoses, or omissions attributable to the lack of physical examination capabilities on this Platform.

Healthcare Professionals using the Platform are independent third-party providers who have opted to use the Platform to offer Services. These professionals are not employees or representatives of Jupiter Health. They are solely responsible for upholding all applicable standards of care, including those related to diagnosing and prescribing.

Appropriate Use for Medical Conditions

The Services offered by Jupiter Health are specifically designed for medical conditions that are deemed appropriate for management through telehealth consultations. The suitability of these Services is solely determined by our licensed Healthcare Professionals.

Healthcare Professionals affiliated with Jupiter Health reserve the right to refuse or discontinue the provision of services to any user at their discretion, including but not limited to cases of actual or potential misuse of the services.

Assessment Limitations

It is imperative to understand that some medical conditions require in-person physical assessments for accurate diagnosis and appropriate treatment planning. Given the inherent limitations of a telehealth Platform, Jupiter Health is not equipped to perform such assessments.

There are inherent risks associated with receiving services via telehealth, including, but not limited to, the risks of electronic data transmission and storage. For specific details regarding these risks, please refer to Jupiter Health' privacy policy and consent to use virtual care tools and electronic communications, both of which form part of these terms.

Immediate Care Instructions

Some user responses during our services may indicate health concerns that fall outside the scope of the services provided via our Platform and telehealth in general. Users displaying certain symptoms, conditions, or circumstances may be recommended to seek immediate in-person medical care instead of continuing with our services. Failure to comply with such guidance may result in the termination of your account and may expose you to increased health risks.

Emergency Situations

This Platform is not equipped to handle medical emergencies. In the event of an emergency or a situation requiring urgent medical attention, you are required to contact emergency services immediately.

6. Prescription Protocols

Consultation and Prescription Process

Upon the conclusion of a consultation, Healthcare Professionals may or may not issue a treatment and/or prescription based on their professional judgment. You have the option to fulfill these prescriptions through a Jupiter affiliated pharmacy or through a pharmacy of your choice.

Prohibited Medications

Please be advised that Jupiter Health does not offer certain categories of medications, including but not limited to narcotics, targeted and controlled substances. The availability of specific medications is subject to federal and provincial regulations and professional guidelines.

Adverse Events Reporting

In the event of medication reactions, side effects, or other adverse events, you should report them to your primary care professional, the nearest walk-in clinic, or emergency room, or call 911 in an emergency.

7. Pharmacy Services

Opt-Out Procedure

If a prescription is generated by a Healthcare Professional through the Jupiter Platform, users have the flexibility to direct the prescription to any pharmacy of their choice. To use a local pharmacy, select the option "Send to My Local Pharmacy" and provide the necessary details for that pharmacy.

If you do not select this option, you hereby consent to have your prescription sent to one of Jupiter's affiliated pharmacies for processing. Benefits of using an affiliated pharmacy include free delivery, prescription refill notifications, the ability to pause or resume prescription services, and the option to request prescription renewals, among other features that Jupiter may introduce from time to time.

By opting for a Jupiter-affiliated pharmacy, you expressly consent to the sharing and disclosure of all relevant personal and healthcare information with the affiliated pharmacies. Additionally, you consent that your prescription may be transferred to any Jupiter affiliated pharmacy to ensure efficient processing.

Counseling
  • Product Page Information: You will find a detailed product page in the "My Medications" section of the Platform's user portal. This page will include key counseling points and product details for each prescribed medication.
  • Email Correspondence: Once your prescription has been issued, you will receive an email providing information on how to access all relevant information pertaining to your medication in addition to an invitation to schedule counseling with a pharmacist.
  • Package Leaflet: Each shipped package will include a paper copy containing comprehensive product details and counseling information for the dispensed medication.
  • Contact Options: Users have multiple avenues to interact with the pharmacy for consultations. These include secure chat through the Platform's user portal, scheduling a conversation with a member of the pharmacy team, or directly calling the pharmacy during available hours.
No Returns or Exchanges

You hereby acknowledge and agree that if a prescription is filled by any Jupiter affiliated pharmacy, no refunds will be issued for medications that have already been dispensed at the time of pausing or terminating your Account with Jupiter Health. If a dispensed medication remains unclaimed at the designated delivery service, or if delivery is otherwise unsuccessful for reasons beyond our control, such medication will be destroyed one month subsequent to the original fill date, unless you make explicit contact with our Customer Support or the affiliated pharmacy.

Returns of medications or products are solely for the purpose of secure disposal. These returns must either be made in person or shipped at your own expense. No refunds, exchanges, or store credits will be granted under any circumstances, as the safety, storage, and handling of the medication or product following your receipt thereof cannot be assured or guaranteed.

Compounding Services

By utilizing Jupiter Health's Platform, you acknowledge that some of the medications prescribed may be custom-compounded by our affiliated pharmacies according to a Healthcare Professional's directions. The compounded medications are tailored to meet your specific healthcare needs and are produced in compliance with the highest standards of pharmacy practice as outlined by the relevant regulatory bodies.

While compounded medications undergo rigorous quality control, it is crucial for you to follow the provided storage instructions and usage guidelines carefully to ensure the medication's effectiveness. Any deviation from these guidelines could affect the safety and efficacy of the medication. Jupiter Health and its affiliated pharmacies disclaim all liability for any loss, damage, or adverse effects resulting from your failure to adhere to these guidelines.

Medication Recall

In the unlikely event of a medication recall affecting any of the pharmaceuticals distributed by our affiliated pharmacies, Jupiter Health will endeavor to notify all impacted users promptly. The notification will include details of the affected medication, the nature of the recall, and any steps you should immediately undertake for your safety. Depending on the severity and type of the recall, we may also facilitate the return and replacement or disposal of the affected medication.

If you receive such a recall notification, it is imperative that you discontinue use of the affected medication and follow the instructions provided. Jupiter Health and its affiliated pharmacies will not be held liable for any harm or adverse effects experienced due to continued use of a recalled product after a recall notification has been issued.

By continuing to use our Platform, you acknowledge your understanding and acceptance of these terms pertaining to Compounding Services and Medication Recalls.

Delays in Prescription and Pharmacy Services

Jupiter Health Inc. strives to facilitate timely services through its Platform, including but not limited to prescription issuance by licensed Healthcare Professionals and fulfillment by associated pharmacies. However, delays may occur for a variety of reasons, such as system downtime, high service demand, or unforeseen complexities in the evaluation or fulfillment process.

You acknowledge and agree that Jupiter Health Inc. shall not be liable for any delays in prescription issuance by healthcare providers or delays in medication fulfillment by pharmacies, whether such delays are caused by our Platform or by third parties.

Jupiter Health Inc. makes no guarantees regarding the time required for prescription issuance or medication delivery and disclaims any liability for any consequences resulting from such delays.

Medication Shortages

By using Jupiter Health's Platform, you acknowledge that the availability of certain medications is subject to supply chain fluctuations, manufacturing constraints, and regulatory changes. While Jupiter Health and its affiliated pharmacies make reasonable efforts to maintain a consistent supply of medications, we cannot guarantee the uninterrupted availability of any specific medication.

In the event that a prescribed medication is unavailable or back-ordered, we will make efforts to inform you in a timely manner. Alternative treatment options may be suggested by the Healthcare Professional, and it will be your responsibility to consult with them to determine a suitable course of action.

Neither Jupiter Health nor its affiliated pharmacies shall be liable for any loss, damage, or inconvenience suffered as a result of the unavailability of any medication. Your continued use of the Platform signifies your understanding and acceptance of this Medication Availability clause.

Dispensing Error Management

Jupiter Health Inc. and its affiliated pharmacies strive to uphold the highest standards of care in the dispensing of medications. Despite our rigorous protocols, errors may infrequently occur. In the event of a dispensing error, the patient is obliged to notify Jupiter Health Inc. or the respective affiliate pharmacy immediately upon discovery of the mistake.

Upon receiving such notification, corrective measures will be initiated promptly to rectify the error, which may include but are not limited to:
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Immediate recall of the incorrectly dispensed medication;
Replacement with the correct medication at no additional cost to the patient;
Clinical consultation to assess any health impacts due to the error.
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Jupiter Health Inc. and its affiliate pharmacies shall not be held liable for any adverse events, damages, or complications arising from the dispensing error unless it is established that the error occurred due to negligence or willful misconduct.

8. Documentation and Records

Requests for Medical Expense Reports and Other Documentation

If you are a patient of a Jupiter affiliated pharmacy, upon request, Jupiter Health Inc. will provide you with a detailed medical expense report and other relevant documentation related to the Services you have accessed. These reports are intended for personal record-keeping, tax purposes, or insurance claims and will be made available through your secure user portal. To request such reports, please submit a written request to our Customer Service Department at

Please allow up to seven (7) business days for the processing of your request. While we strive for accuracy in all documentation provided, Jupiter Health Inc. shall not be liable for any errors or omissions in the reports. You are advised to review all provided documentation for accuracy and completeness upon receipt.

In accordance with our data retention policy and applicable provincial and federal laws, Jupiter Health Inc. maintains your medical records for a period as stipulated by law. After this period, we cannot guarantee the availability of past medical reports or other documentation. It is your responsibility to secure copies of these documents within the mandated record retention period.

Accuracy of Medical Records

You are responsible for ensuring the accuracy of the medical records and personal information you provide. Failure to do so may result in immediate termination of your account and potential legal liabilities.

Record-Keeping Policy

Medical records will be retained for a duration consistent with healthcare regulations in Ontario. Users may request access to or deletion of their records in compliance with privacy laws.

Informed Consent

By using our services, you acknowledge your awareness and understanding of the inherent risks, limitations, and conditions associated with telehealth consultation and medication usage.

Ownership of Health Data

All patient health data is considered confidential and is owned by the patient. Said data is stored and managed in accordance with our privacy policy.

9. Privacy and Confidentiality

Privacy Policy and PHIPA Compliance

All personal and medical information collected through our Platform is handled and protected in accordance with Jupiter Health's privacy policy and is compliant with the personal health information protection act (PHIPA) of Ontario. This policy is accessible on our website.

User Data and Confidentiality

Jupiter Health utilizes advanced security protocols, aligned with phipa guidelines, to ensure the confidentiality and integrity of your personal and medical information.

De-Identification and Use of Data

We reserve the right to anonymize and aggregate user data for the purposes of medical research and quality improvement, always in compliance with phipa and other applicable regulations.

Circle of Care and Information Sharing

By using Jupiter Health's services, you consent to the inclusion of your personal health information in your "circle of care." This refers to the collaborative approach involving Healthcare Professionals, caregivers, and other stakeholders who are duly authorized to access and share your medical information for the sole purpose of facilitating coordinated care. Such parties may include, but are not limited to, physicians, pharmacists, nurses, specialists, and healthcare administrators, all bound by relevant privacy laws and ethical obligations to maintain the confidentiality and integrity of your information. You acknowledge that this circle of care is essential for delivering comprehensive and continuous care, and you expressly authorize Jupiter Health to disseminate your information within this circle, pursuant to applicable laws and regulations.

10. Payment and Billing

Payment

All payments for services requested must be made through authorized payment channels as designated by Jupiter Health Inc. By entering your payment details and submitting your Service request, you hereby authorize Jupiter Health Inc., its affiliates, or our third-party payment processors to charge the full amount due. You are responsible for providing accurate, current, and complete payment information. This may include not only the fees for Jupiter Health's Services but also any additional fees charged by affiliated healthcare organizations or providers, which Jupiter Health Inc. may collect on their behalf.

Failure to make complete payment or provide a valid payment method shall result in immediate suspension or termination of services. If your credit card expires, or if for any reason we are unable to process your payment, you will receive a notification to provide an alternative payment method. Services will not be rendered until full payment has been received and verified.

Payment Authorization

By electing to use the Services provided by Jupiter Health, you hereby authorize Us to charge the payment method you have provided for the assessment fee, as well as for any additional treatment costs that may apply.

Subscription and Auto-refill

By subscribing to any of Jupiter Health' Service plans, you agree to pay all relevant fees associated with that subscription, which are non-refundable unless explicitly specified otherwise in these Terms. Prescription medications, filled by a pharmacy affiliated with Jupiter Health, will be automatically refilled in the form of a subscription, along with any selected add-on treatments. The refill intervals will be either every 1 or 3 months, depending on your preference and in alignment with clinical best practices. Note that the initial fill may be limited to a 1-month supply to adhere to best practices.

Changes to subscription & Cancellation

You may modify, pause or cancel your subscription at any time through your Account settings. Cancellation will take effect at the end of the current billing cycle, and you will not be charged thereafter. No refunds will be issued for the unused portion of any subscription period.

Eligibility for Refund

Except where explicitly stated in these terms, all charges for Services rendered by Jupiter Health are non-refundable. A refund of the value of assessment fee may only be issued in the event that a treatment plan is not generated following your consultation.

11. Ownership and Intellectual Property

Ownership of Site Content and Intellectual Property Rights

All materials displayed or otherwise accessible through Jupiter Health, including but not limited to text, graphics, images, and code ("content"), are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and are the exclusive property of Jupiter Health Inc.

Intellectual Property Violations

Unauthorized use of Jupiter Health's intellectual property constitutes a violation of these terms and may give rise to legal action, including, but not limited to, monetary damages, injunctive relief, and termination of your account.

Trademarks

The trademarks, service marks, logos, and any other proprietary designations ("marks") used or displayed on the Platform are the registered and unregistered marks of Jupiter Health Inc. Unauthorized use of any such marks is strictly prohibited.

User Content Licensing

By submitting, posting, or otherwise transmitting any content to Jupiter Health, you hereby grant us a non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, and display said content in any manner related to the operation of the Platform, subject to our privacy policy.

12. Third-Party Interactions

Third-Party Websites and Links to Other Sites

Jupiter Health may contain hyperlinks to third-party websites ("third-party sites"). Such links are provided solely as a convenience to you and do not constitute an endorsement, sponsorship, or recommendation by Jupiter Health Inc. We assume no responsibility for the content, privacy policies, or practices of any third-party sites.

Third-Party Services

Jupiter Health Inc. may engage third-party companies for the purpose of fulfilling certain services, such as the delivery of medications. While these companies are carefully selected, Jupiter Health cannot assume liability for any loss, damage, or injury you may incur as a result of any act or omission of these third-party companies. Your interactions with these third-party entities are governed by their respective terms and conditions, and Jupiter Health recommends reviewing those terms prior to engagement.

13. Legal and Compliance

User Indemnification Responsibilities

You agree to indemnify and hold harmless Jupiter Health Inc. From any and all losses, liabilities, damages, or costs, including legal fees, incurred as a result of your misuse of the products or services provided through the Platform. Misuse includes but is not limited to the use of products or services for illegal purposes, non-compliance with prescribed treatment regimens, or the dissemination of fraudulent information.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, NEITHER JUPITER HEALTH INC. NOR ITS AFFILIATED ENTITIES OR LICENSORS SHALL BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DAMAGES OR LOSSES OF ANY KIND, WHETHER UNDER CONTRACT, TORT, WARRANTY, OR ANY OTHER LEGAL THEORY. THIS INCLUDES BUT IS NOT LIMITED TO INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, SUCH AS LOSS OF PROFITS, REVENUE, OR DATA, AND HARM TO YOUR COMPUTER OR MOBILE SYSTEMS. DAMAGES RELATED TO PHYSICAL OR EMOTIONAL HARM, INCLUDING DEATH, ARE ALSO EXCLUDED, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, JUPITER HEALTH DISCLAIMS LIABILITY FOR ANY LOSSES STEMMING FROM YOUR INABILITY TO USE OUR SERVICES OR FROM UNAUTHORIZED ACCESS TO YOUR ACCOUNT.

Dispute Resolution Details

Any disputes shall be resolved through binding arbitration conducted in the province of Ontario, in compliance with the arbitration act, 1991 (Ontario). Each party shall bear their own costs of arbitration.

Dispute Resolution Mechanisms

All disputes, controversies, or claims arising out of or in connection with the services provided by Jupiter Health shall first be addressed through our designated customer service channels.

Opting-Out of Arbitration

Users have the right to opt-out of the arbitration agreement within thirty (30) days from the date of initial acceptance of these terms by delivering a written notice to Jupiter Health Inc.

Complaints and Grievance Redressal

Any complaints, concerns, or grievances you may have about the Services provided through Jupiter Health Inc. must be submitted in writing to our designated Grievance Officer at complaints@jupiter.ca. We are committed to addressing your concerns in a timely and effective manner. You may expect an initial acknowledgment of your complaint within 48 hours, and a comprehensive resolution plan within 15 business days.

Compliance with Provincial and Federal Laws

These terms are governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada, as applicable, without regard to conflict of law principles. You hereby consent to the exclusive jurisdiction of Ontario, Canada, in all disputes arising out of or related to the use of our services.

14. Technology and Security

Encryption Standards

In our commitment to safeguarding the privacy and integrity of your data, Jupiter Health employs robust encryption standards to protect information transmitted between you and our Platform. Below are key elements detailing our encryption measures

SSL/TLS Protocols Jupiter Health's Platform uses Secure Sockets Layer (SSL) and Transport Layer Security (TLS) protocols to encrypt data during transmission. These protocols establish a secure connection between your device and our servers, ensuring the confidentiality and integrity of information shared.

End-to-End Encryption All communications within our telemedicine sessions, including video and audio exchanges, are encrypted from end-to-end. This means only you and the healthcare provider can decrypt and view the information, making it virtually impossible for unauthorized third parties to access your data.

Data Encryption at Rest Besides encrypting data during transmission, we also encrypt data "at rest," that is, when stored on our servers. We utilize advanced encryption algorithms that comply with federal and provincial regulations.

Multi-Factor Authentication (MFA) To provide an additional layer of security, Jupiter Health employs MFA methods requiring users to validate their identity using two or more verification mechanisms. This could be a combination of something they know (password), something they have (a mobile device), or something they are (biometric verification).

Regular Updates Our encryption standards are routinely reviewed and updated to address new security threats. We adhere to a proactive approach in adopting emerging encryption technologies and best practices.

Compliance All encryption standards deployed by Jupiter Health align with the Health Insurance Portability and Accountability Act (HIPAA), the Personal Health Information Protection Act (PHIPA), and other relevant laws governing data protection and privacy in Ontario, Canada.

Third-Party Audits To ensure the efficacy of our encryption measures, Jupiter Health undergoes regular third-party audits. These audits scrutinize our encryption protocols, ensuring they meet or exceed industry standards.

User Responsibility for Device Security

While Jupiter employs industry-standard encryption methodologies to safeguard your data, you retain sole responsibility for implementing security measures on your device and for any unauthorized access to your Account.

Cyberattacks and Security

Jupiter Health Inc. is not responsible for any damages or implications caused by viruses, distributed denial-of-service attacks, or other technologically harmful material that may infect your computer equipment, computer programs, or data due to the use of our services or to your downloading of any material posted on it, or any website linked to it.

Technology Requirements
  • Software and Hardware: To utilize Jupiter Health Inc.'s services, users are required to have a device with internet access, a supported web browser, and, where required, the appropriate software to view certain content (e.g., PDF files). For telehealth services, a camera, microphone, and speakers may also be required. Jupiter Health Inc. is not responsible for providing these requirements.
  • Updates: The Platform may update or require updates and it is the user's responsibility to update to the latest version of any required software to maintain optimal functionality.
  • Compatibility: Jupiter Health Inc. does not warrant that the Services will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment, software, data, or other property as a result of your access to or use of the Services.
  • Data Charges: You are responsible for all internet access, data download, and other network charges when using our Services and we shall not be liable for such charges.
  • Data Breach Policy: In the event of a data breach involving personal information, Jupiter Health will comply with all applicable laws and regulations concerning notification and reporting.

15. Algorithmic Operations

Algorithms

Jupiter Health utilizes proprietary algorithms (the "algorithms") to conduct preliminary medical evaluations and recommend potential treatment options. These algorithms are calibrated to identify cases necessitating immediate or in-person medical intervention, thereby excluding them from the online consultation process. The final prescription authority resides solely with the designated licensed Healthcare Professional, who shall exercise their professional judgment independent of algorithmic recommendations.

Algorithmic Decision-Making Limitations

Jupiter Health expressly disclaims any liability for errors, omissions, or inaccuracies emanating from these algorithms. Algorithms serve solely as supplementary tools and do not replace professional medical judgment

16. Legal Provisions

Entire Agreement Clause

You agree to indemnify and hold harmless Jupiter Health Inc. From any and all losses, liabilities, damages, or costs, including legal fees, incurred as a result of your misuse of the products or services provided through the Platform. Misuse includes but is not limited to the use of products or services for illegal purposes, non-compliance with prescribed treatment regimens, or the dissemination of fraudulent information. Jupiter Health Inc. reserves the unilateral right to amend these Terms at its sole discretion. Such changes shall take effect immediately upon posting on the Platform. Your continued engagement with the service constitutes binding acceptance of any modified terms.

Severability

Should any provision of these Terms be found unlawful, void, or unenforceable, such provision shall not affect the validity or enforceability of the remaining provisions.

No Waiver

No failure or delay by Jupiter Health Inc. in exercising any right, power, or remedy under these Terms of Use shall operate as a waiver of any such right, power, or remedy. No waiver by Jupiter Health Inc. of any term or condition set forth herein shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any waiver by Jupiter Health Inc. must be in writing to be effective and shall not constitute a waiver of any subsequent breach or default.

No Agency Relationship

These Terms of Use, along with any associated content, materials, or features of the Platform, do not create any partnership, joint venture, employment, or other agency relationship between Jupiter Health Inc. and you. You are not authorized to enter into any contract, incur obligations, or bind Jupiter Health Inc. in any manner whatsoever. Any attempt to do so is void and shall have no force or effect.

This should provide Jupiter Health Inc. with robust legal protections regarding the non-waiver of terms and the avoidance of unintended agency relationships.

Force Majeure

Jupiter Health Inc. shall not be liable for failure or delay in performing its obligations due to unforeseen circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, wars, civil disturbances, or disruption of telecommunications, transportation, or utilities. In such events, Jupiter Health will make reasonable efforts to notify affected users and resume services as soon as practicable.

Amendment of Terms

Jupiter Health Inc. reserves the unilateral right to modify or replace these Terms at any time and without prior notice. Such changes shall be effective immediately upon posting on the Platform. Continued use after any such changes shall constitute your consent to such changes.

17. Notifications and Modifications

Notification for Terms Modification

We reserve the right to post notices of amendments, but we are not obliged to do so. Your continued use of the Jupiter Platform following any changes to these Terms signifies your agreement to adhere to and be bound by the modified Terms.

18. Other

Assessments by Medical Condition

Each consultation with a Healthcare Provider via the Jupiter Health Platform is limited to the assessment of a single medical condition. Each new assessment is subject to a fee. Any re-assessments and renewals are not subject to additional fees.

Billing to Third Party Insurers

Jupiter may, in its sole discretion, offer the ability to bill certain eligible costs directly to third-party insurance providers. You understand and agree that

  • Insurance plans: Pricing may vary based on your insurance coverage. It is your responsibility to verify your insurance plan's terms and whether it covers the cost of your selected services.
  • Eligibility for billing: Not all services or products available through Jupiter may be eligible for third-party billing.
  • User obligation: You are responsible for ensuring the completeness and accuracy of all insurance information provided to Jupiter.
  • Pricing changes: The prices for services or products may be subject to change based on your insurance coverage.
  • Claim rejections: Jupiter is not responsible for any claim rejections. In such cases, you will be liable for the full cost of the service or product.
  • Communication: Any communication related to insurance billing or claim disputes is between you and the third-party insurance provider.
CASL and Consent to Receive Email

In compliance with Canada’s Anti-Spam Legislation ("CASL"), by creating an account with Jupiter Health, you are providing explicit consent to receive electronic communication, including emails related to

  • Service updates
  • Medical and health information
  • Promotional offers

You may unsubscribe from such communications at any time by following the "Unsubscribe" link in our emails.

Export Restrictions

Jupiter Health Services are intended for use within Canada and are subject to Canadian export laws. You agree not to:

  • Use or access the Services outside of Canada.
  • Export any part of the Services, including software, in violation of Canadian export laws.
Terms for Doctors and Patients
  • Credential Verification: Healthcare Professionals are responsible for maintaining current credentials and adhering to jurisdictional regulations.
  • Quality of Service: Healthcare Professionals agree to provide healthcare services in accordance with established medical standards.
Waiver of Jury Trial and Class Actions Suits

By using Jupiter Health Services, you waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. Instead, all disputes will be resolved by binding arbitration under the Arbitration Act, 1991 (Ontario). You also waive any ability to bring claims as a class member in any purported class or representative proceeding.

Invoices and Receipts

Invoices and receipts will be provided electronically through the Jupiter Health Platform. You are responsible for ensuring that you have received the invoice and for verifying its accuracy.

19. Definitions:

  • “Account” means a registered profile created by a Patient to access the Services provided by Jupiter Health via the Platform.
  • “Account Record” means all data including Personal Information (PI) and Patient Health Information (PHI) related to a Patient's usage of the Jupiter Health’s Services.
  • “Active Account” refers to an Account that is currently in good standing and not subject to suspension or termination.
  • “Assessment” refers to the systematic evaluation conducted by a licensed healthcare professional through Jupiter Health's platform, limited to a single medical condition.
  • “Assessment Fee” refers to the fee charged for each Assessment submitted via Jupiter’s Platform.
  • “Assessment Form” or “Questionnaire” refers to the set of questions developed by us or by our professionals, working as partners, contractors and employees to collect pertinent information to assist with medical evaluations and to provide recommended treatment options.
  • “Authorized User” means an individual who is authorized to use the Jupiter Health Services under a Patient’s Account, where applicable.
  • “Billing Information” refers to any financial information, such as credit card numbers and billing addresses, necessary for the completion of transactions within the Platform.
  • “CASL” means Canada’s Anti-Spam Legislation governing the use of electronic communications.
  • “Client” or "Patient" refers to an individual who has created an Account to access Jupiter Health Services.
  • “Compliance” refers to the requirement for users to act in accordance with Jupiter Health's Terms of Use, policies, and applicable law.
  • “Confidential Information” encompasses all non-public information, written or oral, disclosed through any means of communication by Jupiter Health.
  • “Consultation” refers to the one-on-one virtual interactions between Healthcare Professionals and Patients for diagnosis, treatment, or advice.
  • “Content” includes any form of information, such as text, images, videos, provided by Jupiter Health on the Platform or through emails.
  • “Credentials” refers to the unique identifiers such as usernames and passwords required for Account access.
  • “Data Breach” means unauthorized access or retrieval of Account Records, Personal Information, and other sensitive data.
  • “Encryption” refers to the use of algorithms to secure information during data storage and transmission.
  • “Healthcare Professionals” or “Healthcare Provider” refers to licensed medical professionals contracted by Jupiter Health, responsible for providing healthcare services to Patients.
  • “Inactive Account” refers to an Account that has not been used for a specified period and may be subject to deactivation.
  • “Intellectual Property” refers to proprietary content, trademarks, patents, and copyrights owned by Jupiter Health or its licensors.
  • “Invoice” refers to the electronic billing statement provided to Patients for Services rendered by Jupiter Health.
  • “Jupiter Affiliated Pharmacy” refers to any pharmacy that works with Jupiter and has access to Jupiter’s Platform to provide enhanced prescription fulfillment services to patients.
  • “Opt-In” refers to the user’s explicit consent to receive specific types of electronic communication from Jupiter Health.
  • “Pharmacy Services” refers to the preparation, dispensing, and delivery of medications by affiliated pharmacies.
  • “Platform” refers to Jupiter Health’s web-based application used to offer its Services.
  • “Prescription” means the formal instruction by a licensed Healthcare Professional for the treatment of an individual Patient.
  • “Privacy Notice” indicates the documentation outlining how Jupiter Health manages, uses, and protects Personal Information and Medical Records.
  • “Promotional Offers” refers to any discounts, trials, or marketing offers provided by Jupiter Health.
  • “Quality of Service” means the standard of healthcare provision that Healthcare Professionals are expected to adhere to.
  • “Re-Assessment” refers to the subsequent evaluation conducted by a licensed healthcare professional to review and update a patient's medical condition, treatment efficacy, or healthcare needs. This process may involve revisiting previously collected medical history, symptoms, and treatment plans to make necessary adjustments for continued or improved care.
  • “Renewal” refers to the process by which a Healthcare Professional issues a new prescription for the same treatment that was previously prescribed. This occurs when a patient's existing prescription has expired or is eligible for renewal. The Healthcare Professional reviews the patient's medical history and assesses their current health status to determine if it is appropriate to renew the prescription.
  • “Service Updates” encompasses notifications about changes, enhancements, or termination of any part of Jupiter Health’s Services.
  • “Telemedicine” or “Virtual Care” is the practice of caring for Patients remotely through telecommunication technologies.
  • “Third-Party” means any entity other than the user or Jupiter Health that may be involved in the provision or usage of the Services.
  • “Treatment Categories” refers to the medical areas such as Pain Management, Dermatology, Anti-aging, Men's Health, and Hair Loss that Jupiter Health provides Services for.
  • “User" refers to any individual or entity that interacts with the Jupiter Health platform, including but not limited to Patients who have registered accounts to access Services, and Healthcare Professionals contracted to provide healthcare services.
  • “User Portal” refers to the portion of the Jupiter Platform that users access to view, update and access personal information, information and services related to prescribed medications and products, as well as interact with Healthcare Professionals and Jupiter affiliated pharmacies.