Dr. Inbox Platform Terms of Use

as of November 1, 2023

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING DR. INBOX PLATFORM

These Terms [the "Terms"] constitute a legal agreement between you ["You","User" or "your"] and

Dr. Inbox Incorporated ["Dr. Inbox", "we", "us" or "our"), which owns and operates the Dr. Inbox

Platform [the "Platform"], accessible through the Dr. Inbox website, www.drinbox.ca [the "Site"]. Access to the Site and services made available through the Platform are collectively referred to herein as the "Services". The Agreement states the terms under which you may access and use the Services, including, without limitation, terms around accessing and providing articles, text, photographs, images, and any links to third party sites [the "Content".

By clicking "I Agree" or similar electronic acceptance, you are agreeing to be bound by the Terms described herein, all applicable laws and regulations, and you agree that you are responsible for compliance with any applicable local laws. You also acknowledge that you have read and fully understand the risks, limitations, conditions of use, and instructions for use of Services more fully described in the Appendix below. If you do not accept all of these Terms, you should not sign up for, use or access the Services. Dr. Inbox reserves the right to revise these Terms at any time by posting the most recent version of the Terms on the Site. Use of the Services after such changes are posted will signify your acceptance of the revised Terms.

Services Description

The Platform is an online communications tool and health information storage system. It allows health care providers and medical professionals [together as "Providers"] who have a Service Agreement to use the Platform and Services, their patients ["Patients"] and/or caregivers ["Caregivers"] to interact online in a private, convenient environment. It is also designed:

to allow Patients and/or Caregivers to seek general or specific information relevant to their medical condition(s) from Providers.
for Providers to offer appointment bookings and Patients and/or Caregivers to manage their appointments.
to allow Providers to convey health related communications to their Patients or Caregivers electronically; Fax and email.
for Providers and Patients/Caregivers to securely store and access medical records and documents, such as test results, treatment plans, and prescription information within the Platform.
to provide a secure and confidential messaging system for direct communication between Providers, Patients, and Caregivers, facilitating quick and efficient exchange of health-related information and inquiries.
to maintain a comprehensive and organized record of appointment history, medical conversations, and health-related information, ensuring that both Providers and Patients/Caregivers have a complete view of their healthcare interactions and history within the Platform.

to allow Patients and/or Caregivers to initiate the creation of and access to a personal health record ["PHR"] containing information such as personal and family health history, medications, allergies, and other relevant personal information ["Personal Information", "Personal Health Information"] in one place and thereby participate more fully in their own care.

Please note that some of the services offered on the Platform are free to use but others may require the payment of service/access fees. Fee based services will be displayed on the site along with detailed information where applicable.

Important Service Limitations: Dr. Inbox cannot guarantee the timeliness, appropriateness, or accuracy of any information or advice provided through the Services. The Services are not intended as a substitute for obtaining direct medical advice from your doctor or other healthcare professional. In the case of an emergency or any suspected serious medical condition or ailment, please contact a trusted, local health care professional immediately and do not rely solely on the capabilities of the Services to schedule and arrange primary care. Account Registration and Usage

In order to use the Services, you must be a resident of Canada. If your Provider enrolls you to have access to the Platform, they will provide certain Personal Information about you which will be collected and treated by Dr. Inbox in accordance with our Privacy Policy. Through the Services, you will have access to your own personal Platform account. You will be prompted to finalize your account registration on initial login, including selecting a password ["Password"].

If you do not wish to proceed to use the Services, you can inform Dr. Inbox and your Personal Information will be deleted in accordance with Dr. Inbox Privacy Policy [https://drinbox.ca/privacy- policy]. As a registered user, you are the only individual who is permitted to access the Platform through your Account.

You must:

provide true, accurate, current and complete information about yourself when finalizing registration;
maintain and promptly update your Account information to ensure it remains true, accurate, current and complete; and
maintain the confidentiality of your account including not sharing your password with anyone.

If Dr. Inbox has reasonable grounds to suspect that such information about you is untrue, inaccurate, not current or incomplete, Dr. Inbox has the right to suspend or terminate your Account and your access to all or part of the Services.

You are responsible for your use of the Services including any Content that you make available through the Services. Content that is submitted, posted, or displayed by your Account may be viewed by other Users that your Provider has entrusted. You agree to notify Dr. Inbox immediately of any unauthorized use of your Account or any other breach of security, and to ensure that you logout of your account at the end of each session. Dr. Inbox will not be liable for any loss or damage arising from your failure to maintain the confidentiality of your Account.

Restrictions on Content and Use of the Platform

Dr. Inbox reserves the right at all times, without obligation, to remove or refuse to distribute any Content on the Site and/or Platform and to terminate or reclaim user accounts. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:

satisfy any applicable law, regulation, legal process or governmental request;
enforce these Terms, including investigation of potential violations hereof;
detect, prevent, or otherwise address fraud, security or technical issues;
respond to user support requests; or
protect the rights, property or safety of our users and the public.

For greater certainty, Dr. Inbox will fully cooperate with any legal obligation to disclose the identity of anyone posting threatening, libelous, obscene, pornographic, profane ,or otherwise offensive or illegal materials. You acknowledge that you alone are responsible for the Content that you post to the Services and the consequences thereof.

Users hereby agree to refrain from the following while accessing the Services:

contravene any applicable laws relating to acceptable online conduct, behaviour, and Content usage;
engage in any illegal, offensive or unauthorized conduct including:
hacking, accessing, tampering with, or using non-public areas of the Site or Platform, our computer systems, or the technical delivery systems of our providers and partners;
promoting bigotry, threaten, discriminate against or impersonate other Users (based on race, sex, religion, nationality, disability, sexual orientation, age or otherwise);
posting any sexual or offensive Content;
posting or transmitting any Content which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by any intellectual property rights, including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights or derivative works, without first obtaining permission from Dr. Inbox or the rights holder;
probing, scanning, or testing the vulnerability of any system or network or breaching or circumventing any security or authentication measures;
interfering with, or disrupting, (or attempting to interfere or disrupt), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services;
removing or modifying any copyright, trade mark or other proprietary notice on the Services;
using the Platform to communicate medical emergencies rather than using dedicated emergency services;
use automated devices (such as robots and spiders) to scrape or index the Services or their Content; and
record or mine information about other Users of the Services.
Limitation of Liability

Dr. Inbox cannot and does not guarantee any results or conduct or oversee the Providers. You therefore acknowledge and agree that if you elect to engage with any Provider, such dealings are solely between you and the Provider and Dr. Inbox shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings.

Dr. Inbox does not endorse and does not take any responsibility for content of links to third party websites ["Links"]. The Services may contain third party content and Links. Dr. Inbox and its participating partners, officers, directors, employees, agents, licensors, and their respective successors and assigns do not have any responsibility or liability for and, unless explicitly stated on the Services, recommend or endorse any information or brand of products or services that may be available through such content or Links. Dr. Inbox may remove any Link to the Platform without notice. Upon the request of Dr. Inbox you agree to remove any Link to the Platform you may have acquired or stored.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW DR. INBOX AND ITS

OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND THEIR RESPECTIVE

SUCCESSORS AND ASSIGNS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND,

INCLUDING WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE, INCIDENTALOR CONSEQUENTIAL DAMAGES, AND INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGES:

CAUSED BY RELIANCE ON PROVIDERS ADVICE OR FAILURE TO SEEK

APPROPRAITE MEDICAL SUPPORT INCLUDING BUT NOT LIMITED TO PERSONAL

INJURY, WRONGFUL DEATH, IMPROPER DIAGNOSIS, INACCURATE

INFORMATION OR IMPROPER TREATMENT UNLESS SUCH HARM IS CAUSED BY THE NEGLIGENCE OF DR. INBOX ITS EMPLOYEES; OR

OTHER LOSSES INCURRED IN CONNECTION WITH YOUR USE, MISUSE OR RELIANCE UPON THE SERVICES OR THEIR CONTENT, OR YOUR INABILITY TO

USE THE SERVICES, ANY LOSS OF DATA REGARDLESS OF THE CAUSE AND

WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT

(INCLUDING NEGLIGENCE), OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF DR. INBOX KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCHDAMAGES.

Release

Because Dr. Inbox does not supervise or control interactions between Users and Providers, and because Dr. Inbox has no control, if any, over the quality, safety, legality, truthfulness or accuracy of those aspects of the Services provided by Providers or third parties, and because Dr. Inbox cannot guarantee the security of information transmitted through email and over the Internet, you agree that you bear all risk and you agree to release Dr. Inbox (and its officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Services except to the extent any injury is directly due to the negligence of Dr. Inbox or its personnel. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.

Indemnity

You agree to indemnify, defend, and hold harmless Dr. Inbox, its officers, directors, employees, agents, licensors, and their respective, successors and assigns, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from your breach of these Terms.

Intellectual Property and Limited License

All right, title, and interest in and to the Services (excluding Content provided by you) are and will remain our exclusive property and the property of our licensors. The Services are protected by copyright, trademark, and other laws of both Canada and foreign countries. Nothing in the Terms gives you a right to use the Dr. Inbox name or any of our trademarks, logos, domain names and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the Website and Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you. Dr. Inbox gives you a personal, worldwide, royalty free, non-assignable and non-exclusive license to use the software that is provided by Dr. Inbox as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Dr. Inbox, in the manner permitted by these Terms.

Platform Posts

The Platform may provide features which allow you to participate in discussion groups, to communicate with Dr. Inbox, its agents and other third party users and to otherwise post, upload, and communicate information, files, documents, or other materials ["Posts"]. Dr. Inbox does not control the content of any Posts and has no obligation to monitor any Posts. While Dr. Inbox may attempt to remove Posts which do not comply with these Terms and Posts, it cannot guarantee that they will not be posted, uploaded or communicated and is not responsible for their content or any damages resulting therefrom. Dr. Inbox reserves the right at all times and at its sole discretion to edit, refuse to upload, or to remove any Posts which are, in whole or in part, objectionable, inaccurate, misleading, or in violation of these Terms or our Privacy Policy.

General

Use prohibited where contrary to law: Use of the Services is unauthorized in any jurisdiction where the Services or any of the Content may violate any laws or regulations. You agree not to access or use the Services in such jurisdictions. You agree that you are responsible for compliance with all applicable laws or regulations. Any contravention of this provision (or any provision of this Agreement) is entirely at your own risk.

Governing law and Jurisdiction: The Services are operated by Dr. Inbox from its offices within the Province of Ontario, Canada. You agree that all matters relating to this Agreement, or your access or use of the Services and Content shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflict of laws principles. You agree and hereby submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to all matters relating to your access and use of the Services and the Content as well as any dispute that may arise therefrom.

Waiver and Severability: The failure of Dr. Inbox to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

Entire Agreement: This document and the Privacy Policy and any guidelines provided by Dr. Inbox on use of the Services from time to time constitute the entire Agreement between you and Dr. Inbox relating to your access to and use of the Services.

Notice: Questions or comments regarding the Services should be directed to the Dr. Inbox Platform Administrator at customercare@drinbox.ca.

Appendix:

Risks of using electronic communication: Dr. Inbox will use reasonable means to protect the security and confidentiality of information sent and received using the Services. However, because of the risks outlined below, we cannot guarantee the security and confidentiality of electronic communications:

use of electronic communications to discuss sensitive information can increase the risk of such information being disclosed to third parties.
despite reasonable efforts to protect the privacy and security of electronic communication, it is not possible to completely secure the information.
employers and online services may have a legal right to inspect and keep electronic communications that pass through their system.
electronic communications can introduce malware into a computer system, and potentially damage or disrupt the computer, networks, and security settings.
electronic communications can be forwarded, intercepted, circulated, stored, or even changed without the knowledge or permission of the Provider or the Patient/Caregiver.
even after the sender and recipient have deleted copies of electronic communications, backup copies may exist on a computer system.
electronic communications may be disclosed in accordance with a duty to report or a court order.

Conditions of using the Services:

While the Provider will attempt to review and respond in a timely fashion to your electronic communication, the Provider cannot guarantee that all electronic communications will be reviewed and responded to within any specific period of time. The Services will not be used for medical emergencies or other time-sensitive matters.
If your electronic communication requires or invites a response from the Provider and you have not received a response within a reasonable time period, it is your responsibility to follow up to determine whether the intended recipient received the electronic communication and when the recipient will respond. Do not send multiple communications on the same subject.
Electronic communication is not an appropriate substitute for in person or over the telephone communication or clinical examinations, where appropriate, or for attending the Emergency Department when needed. You are responsible for following up on the Provider's electronic communication and for scheduling appointments where warranted.
Electronic communications concerning diagnosis or treatment may be printed or transcribed in full and made part of your medical record. Other individuals authorized to access the medical record, such as staff and billing personnel, may have access to those communications.
The Provider may forward electronic communications to staff and those involved in the delivery and administration of your care. The Provider might use one or more of the Services to communicate with those involved in your care. The Provider will not forward electronic communications to third parties, including family members, without your prior written consent, except as authorized or required by law.
The patient is responsible for informing the Provider of any types of information that patient does not want to be sent via electronic communications, including but not limited to sensitive medical information such as sexually transmitted disease, AIDS/HIV, mental health, developmental disability, or substance abuse.
The Provider and Dr. Inbox are not responsible for information loss due to technical failures associated with your software or internet service provider.
Some Services might not be used for therapeutic purposes or to communicate clinical information. Where applicable, the use of these Services will be limited to education, information, and administrative purposes. Guidelines follow:
Administrative:

scheduling appointments including rebooking patient satisfaction surveys verifying patient contact information

Education and Health Promotion:

providing general educational and health promotion electronic documents and resources

providing links to educational and health promotion websites

incorporating health promotion messages providing guidance to patients regarding health-related web sites newsletters and alerts:

community support resources

Patient Care:

clarifying or reiterating instructions receiving and answering follow-up questions providing post-procedure instructions and follow-up notifying or reminding about routine tests and procedures providing test results (where acceptable)

consulting related to conditions that have been previously discussed consulting related to new conditions instructions for communication using the Services

To communicate using the Services, you must:

reasonably limit or avoid using an employer's or other third party's computer; inform the Provider of any changes in the patient's email address, mobile phone number, or other account information necessary to communicate via the Services; and not send or reply to Dr. Inbox's automated notification emails or texts with any sensitive information.

If the Provider permits Secure Messaging, the following applies:

include in the message's subject line an appropriate description of the nature of the communication (e.g. "prescription renewal"), and the patient's full name in the body of the message;
review all electronic communications to ensure they are clear and that all relevant information is provided before sending to the Provider;
take precautions to preserve the confidentiality of electronic communications, such as using screen savers and safeguarding computer passwords;
withdraw consent only by secure message or written communication to the Provider; and
if you require immediate assistance, or if your condition appears serious or rapidly worsens, you should not rely on the Services. Rather, you should call the Provider's office or take other measures as appropriate, such as going to the nearest Emergency Department or urgent care clinic.

Dr. Inbox Platform Terms of Use

Limitation of Liability

Appendix: