Terms of Use

1. Agreement to these Terms

These Website Terms of Use (“Terms”) govern your access to and use of any websites operated by or on behalf of TeleMED Diagnostic Management Corp. and TDM Telehealth Technology Ltd. (together, “TeleMED”, “we”, “us”, “our”). By accessing or using our websites, you agree to be bound by these Terms and by any additional terms referenced here. If you do not agree, you must not use the websites.

These Terms apply to website use only. Access to and use of any TeleMED clinical or diagnostic platform or related services is governed by separate written agreements and terms with our customers.

2. Website content is informational only

The content on our websites is provided for general information and business purposes only. It is not health, medical, diagnostic, legal or other professional advice, and must not be relied on as such. You should always seek appropriate advice from a qualified professional for any health or other decisions.

We may update, change or remove website content at any time without notice. We do not promise that the websites or any content will always be available, accurate, complete, current or error‑free.

3. No use for clinical decision‑making

Where our websites describe features or capabilities of TeleMED products or services, those descriptions are general in nature and are not a substitute for:

• The terms of any agreement between TeleMED and a customer.

• The documentation, policies and training applicable to the specific TeleMED products and services that you use.

Clinical decisions must not be based on website content. They should be based on appropriate clinical judgment, the applicable product configuration, and the actual data and workflows in your production environment.

4. Permitted use and restrictions

You may use our websites only for lawful purposes and in accordance with these Terms. In particular, you must not:

• Misuse the websites, including by introducing viruses, malware or other harmful code.

• Attempt to gain unauthorized access to any TeleMED systems, accounts, data or networks.

• Interfere with or disrupt the operation or security of the websites.

• Use the websites to transmit any unlawful, harmful, defamatory, infringing or otherwise objectionable material.

• Use any automated means (for example bots, scrapers or spiders) to access the websites except to the limited extent allowed by applicable law for indexing.

We may suspend or terminate your access to all or part of the websites if we believe you have breached these Terms or pose a security or other risk.

5. Accounts and security

Some parts of our websites may require you to create an account, register or provide information. You agree to:

• Provide accurate and complete information.

• Keep your login credentials confidential and not share them with others.

• Notify us promptly of any actual or suspected unauthorized use of your account.

You are responsible for all activity that occurs under your account, except where caused solely by TeleMED's acts or omissions.

6. Intellectual property

TeleMED and its licensors own all rights, title and interest in and to the websites and their content, including text, graphics, logos, icons, images, software, design and layout, and any copyrights, trademarks and other intellectual property rights in them.

You are granted a limited, revocable, non‑exclusive, non‑transferable right to access and use the websites for your own internal business or personal informational purposes, subject to these Terms. Except as expressly allowed by applicable law, you must not:

• Copy, reproduce, modify, adapt, translate, publish, distribute or create derivative works from any website content.

• Remove or alter any proprietary rights notices.

• Use any TeleMED trademarks, trade names or logos without our prior written consent.

7. Third‑party links and services

Our websites may include links to third‑party websites, applications or services. These are provided for convenience only. We do not control and are not responsible for the content, security, privacy practices or availability of any third‑party sites or services. Accessing them is at your own risk and subject to their own terms and policies.

Any mention of third‑party products or services does not imply endorsement or recommendation by TeleMED.

8. Privacy

Your use of our websites may involve the collection, use and disclosure of personal information. Our handling of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference. By using the websites, you acknowledge that we will handle personal information in accordance with our Privacy Policy.

9. Disclaimers

The websites and all content are provided “as is” and “as available” without warranties or conditions of any kind, whether express, implied or statutory. To the fullest extent permitted by law, TeleMED disclaims all warranties and conditions, including any implied warranties of merchantability, fitness for a particular purpose, non‑infringement, accuracy, availability and security.

TeleMED does not warrant that: the websites will operate without interruption or be free from errors, defects, viruses, or other harmful components; any defects or errors will be corrected; or the content is complete, accurate or current.

You are responsible for implementing appropriate safeguards (such as up‑to‑date antivirus software) to protect your own systems.

10. Limitation of liability

To the fullest extent permitted by law, TeleMED and its affiliates, directors, officers, employees, contractors and agents will not be liable for any: indirect, incidental, consequential, special, exemplary or punitive damages; or loss of profits, revenue, data, goodwill or business opportunities arising out of or in connection with your use of, or inability to use, the websites or any content, even if we have been advised of the possibility of such damages.

To the extent any liability cannot be excluded, and where permitted by law, TeleMED's total aggregate liability arising out of or in connection with the websites or these Terms will be limited to one hundred Canadian dollars (CAD $100).

Some jurisdictions do not allow certain exclusions or limitations of liability. In that case, the above will apply to the maximum extent permitted by the laws that apply to you.

11. Indemnity

To the extent permitted by law, you agree to indemnify and hold harmless TeleMED and its affiliates, directors, officers, employees, contractors and agents from and against any losses, damages, claims, liabilities, costs and expenses (including reasonable legal fees) arising out of or relating to your use of the websites in breach of these Terms or applicable law; and any content or information you submit or transmit through the websites.

12. Changes to the websites and these Terms

We may modify, suspend or discontinue any part of the websites at any time without notice. We may update these Terms from time to time. When we do, we will revise the “Effective Date” above. Your continued use of the websites after any changes means you accept the updated Terms. If you do not agree with any changes, you must stop using the websites.

13. Governing law and jurisdiction

These Terms, and any dispute arising out of or relating to them or the websites, are governed by the laws of:

• The Province of Ontario and the federal laws of Canada applicable there, for disputes relating primarily to TeleMED Diagnostic Management Corp. or use of websites directed mainly to Ontario or other provinces/territories outside Alberta.

• The Province of Alberta and the federal laws of Canada applicable there, for disputes relating primarily to TDM Telehealth Technology Ltd. or use of websites directed mainly to Alberta.

You agree to submit to the exclusive jurisdiction of the courts of the applicable province above, except where applicable law requires otherwise.

14. General

If any provision of these Terms is found to be invalid or unenforceable, that provision will be applied to the maximum extent permitted and the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations without restriction, provided that doing so does not materially reduce your protections under these Terms.

15. Contact us

If you have questions about these Terms or our websites, please contact:

TeleMED Diagnostic Management Corp. / TDM Telehealth Technology Ltd.
Attention: Privacy Officer
First Canadian Place
100 King Street West, #6200
Toronto, ON M5X 1B8
1-800-543-8151
privacy@telemeddm.com