Terms of Service

1. Acceptance of Terms

By creating an account or using Actuwell, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, you may not use the app.

2. Eligibility

You must be at least 18 years of age to use Actuwell. By registering, you confirm that you meet this requirement and have the legal capacity to enter into these terms.

3. Description of Services

Actuwell is a mobile health management application that enables users to:

• Track and organize personal health records
• Schedule appointments directly with their healthcare provider
• Synchronize medical documents directly from their healthcare provider's electronic medical records system
• Upload and store personal medical documents for record-keeping purposes
• Receive reminders for medical appointments, tests, and vaccinations
• Access educational health recommendations and lifestyle tips based on Canadian clinical practice guidelines
• Analyze personal health data for informational trends

During registration, you may provide a preferred name and your gender identity. Your preferred name is used within the app to personalize your experience. Your gender identity is collected solely for the purpose of in-app personalization.

To ensure the security and integrity of our platform, identity verification is required at the time of account creation. Identity verification occurs once only — existing verified users will not be asked to re-verify.

Current Identity Verification Provider: Entrust (v1.4.0 and later)

Previous Identity Verification Provider: Plaid (prior to v1.4.0)

AI-Assisted Document Processing

As part of the document synchronization service, Actuwell uses an AI classification system to automatically filter and categorize medical documents retrieved from your healthcare provider's electronic medical records system. This processing occurs in the background each time documents are synchronized to your account.

4. Platform Functionality and Provider Relationship

Actuwell is a platform that facilitates communication and document synchronization between you and your healthcare provider, enabling appointment scheduling with your doctor or clinic and automatic synchronization of medical documents from your healthcare provider's electronic medical records system.

Document Size Policy — the following file size limits apply:

• Standard EMR Sync: Documents synchronized automatically from your healthcare provider's EMR are subject to a 10 MB per file limit. Files exceeding this limit will be skipped during standard synchronization and logged for administrative review.
• Extended Sync (Special Request): If you require synchronization of a document exceeding 10 MB, you may submit a special request to support@actuwell.ca. Extended synchronization supports files up to a maximum of 50 MB per file.
• User Uploads: Documents manually uploaded by you through the app are subject to a 10 MB per file limit.

Medical Accuracy — Actuwell is not responsible for: any medical misdiagnosis, errors, or omissions in documents synchronized from your healthcare provider; the accuracy, completeness, or timeliness of medical information provided by your healthcare provider; any medical advice, recommendations, or treatment decisions made during appointments scheduled through our platform; any adverse health outcomes resulting from appointments, medical documents, or provider communications; or any errors or omissions in AI-assisted document categorization.

Your relationship with your healthcare provider is independent of Actuwell. We merely facilitate scheduling and document access. Any medical concerns, complaints, or issues related to your care should be directed to your healthcare provider or the appropriate regulatory college.

5. Acceptable Use of Document Upload Feature

You agree that when using Actuwell's document upload and storage features, you will:

• Only upload your own official medical documents (e.g., lab results, prescriptions, imaging reports, discharge summaries, vaccination records)
• Not upload documents belonging to another person without their explicit written consent and legal authority
• Not upload non-medical documents (e.g., personal photos, financial records, non-health-related files)
• Not upload fraudulent, altered, or falsified medical documents

6. Account Registration, Security, and Our Right to Refuse or Terminate Access

You agree to:

• Provide accurate and complete information during registration, including your legal name, preferred name (if applicable), sex assigned at birth, and gender identity
• Complete identity verification through Entrust (or Plaid, for users who verified prior to May 19, 2026) when required
• Maintain the confidentiality of your login credentials
• Promptly notify us of any unauthorized use or security breach
• Use strong passwords and enable multi-factor authentication when available

You are fully responsible for all activities conducted under your account.

Actuwell reserves the right, at our sole discretion, to refuse account creation to any individual, or to suspend or permanently terminate any existing account, at any time and without obligation to provide a reason. Without limiting the generality of the foregoing, we may refuse account creation or terminate access where an individual has:

• Engaged in abusive, threatening, harassing, or intimidating communications directed at Actuwell staff, contractors, or representatives, whether before or after account creation
• Made unfounded accusations or threats of legal action, regulatory complaints, or public harm against Actuwell without reasonable basis
• Demonstrated conduct that, in our reasonable judgment, indicates the individual is likely to be disruptive, abusive, or harmful to our team or platform
• Breached or attempted to breach these Terms of Service
• Provided false, misleading, or fraudulent information during registration or at any time
• Failed identity verification or been flagged for suspected fraudulent activity
• Previously had an account terminated for conduct violations

PHIPA Compliance and Access Controls: Actuwell operates as an agent on behalf of participating healthcare providers who are Health Information Custodians under PHIPA. All access to personal health information is logged and subject to routine audits. We conduct role-based access reviews to ensure that only authorized personnel have access to PHI.

• Supabase acts as our agent under PHIPA to manage secure login credentials and de-identified query metadata
• Supabase confirms that any metadata they retain for performance and security purposes is fully anonymized under PHIPA and HIPAA requirements before any use
• Supabase is contractually prohibited from using any of this data for marketing, sale, or re-identification of individuals

7. Subscriptions, Pricing, and Billing

Pricing:

• Annual subscription: CAD $59.99 per year (approximately $5.00 per month)
• Billing cycle: Annual billing (charged once per year at CAD $59.99)
• All fees are in Canadian dollars and are subject to applicable taxes

Payment Processing:

• Subscriptions are processed through the Apple App Store or Google Play Store
• Payment will be charged to your App Store or Google Play account upon confirmation of purchase
• Subscription management (including renewals and cancellations) is handled through RevenueCat and your respective app store account

Automatic Renewal:

• Subscriptions automatically renew annually unless cancelled at least 24 hours before the end of the current billing period
• Your account will be charged for renewal within 24 hours prior to the end of the current period
• You can manage your subscription and turn off auto-renewal in your App Store or Google Play account settings

Refund Policy — you are eligible for a full or prorated refund from Actuwell if:

• Your healthcare provider or clinic terminates their partnership with Actuwell, rendering core app features (appointment scheduling and document synchronization) inaccessible to you
• The termination occurs during an active paid subscription period
• You submit a refund request within 30 days of the partnership termination

To request a refund, contact support@actuwell.ca, provide proof of your healthcare provider's partnership termination and your subscription receipt or transaction ID. We will process eligible refunds within 10 business days.

Non-Refundable Situations:

• Voluntary cancellation of subscription
• Failure to use the app during a paid period
• Account termination due to violation of these Terms of Service, including conduct-based termination under Section 6

Free Trial and Transitional Periods: If you are currently using Actuwell during a free trial or beta testing period, you will be notified at least 30 days in advance before any paid subscription requirement takes effect. You will have the option to subscribe to continue using all features, decline subscription and retain limited access for data export purposes, or delete your account and data.

8. Service Level and Response Times

All customer service requests — including technical support inquiries, account access issues, data access and correction requests, privacy-related questions, and billing and subscription questions — will receive an initial response within 48 business hours (Monday to Friday, excluding Canadian statutory holidays).

Business Hours: Monday to Friday, 9:00 AM to 5:00 PM Eastern Time (ET). Complex issues may require additional time to fully resolve, but we will keep you informed of progress throughout the resolution process.

9. Communications and CASL Compliance

Transactional Communications: Actuwell sends certain electronic messages that are necessary for the operation of your account. These do not require your separate consent as they are not commercial electronic messages under CASL. Transactional messages include:

• Account creation confirmation and email address verification
• Account deletion warning and confirmation
• SMS phone number verification and one-time passcodes (OTP)
• Multi-factor authentication (MFA) SMS codes
• Support ticket creation and closure notifications
• Follow-up communications from the Actuwell support team related to an active support request

Commercial and Promotional Communications: Actuwell will only send you commercial electronic messages — including marketing communications, product updates, new feature announcements, and health tips — if you have provided express consent at the time of registration or subsequently through your account settings. Express consent is obtained through an unchecked opt-in checkbox at the time of account creation. Your consent is recorded with a timestamp and policy version.

You may withdraw your consent to receive commercial electronic messages at any time, at no cost, by using the unsubscribe link included in every commercial or promotional email, updating your notification preferences through the email settings toggle in the app, or contacting us at support@actuwell.ca. All unsubscribe requests will be processed within 10 business days.

10. User Conduct and Restrictions

You agree to use Actuwell lawfully and not to:

• Provide false, misleading, or incomplete health information
• Upload documents that do not belong to you or are not medical in nature
• Attempt to gain unauthorized access to the app, other user accounts, or our servers
• Disrupt the functionality of the app, servers, or services
• Reverse engineer, decompile, or exploit the software in any way
• Use the app for any unlawful purpose or in violation of any applicable laws
• Impersonate another person or healthcare provider
• Attempt to bypass identity verification processes
• Share your account credentials with others
• Engage in abusive, threatening, or harassing conduct toward Actuwell staff, contractors, or representatives

Violation of these terms may result in immediate account suspension or termination without refund.

11. Data and Content Ownership

You retain full ownership of all personal and health information you input or upload to Actuwell. By using Actuwell, you grant us a limited, revocable, non-exclusive license to process your data solely to deliver and improve the app's services, in accordance with our Privacy Policy.

This license includes the transmission of medical document content to our AI processing service provider (Anthropic) for the sole purpose of document classification. Anthropic does not retain your data after processing completes.

Medical Documents: Documents synchronized from your healthcare provider remain the property of your healthcare provider and are shared with you through Actuwell for your personal health management purposes only.

12. Intellectual Property

All content, features, functionality, software, designs, logos, and trademarks associated with Actuwell are the exclusive property of Actuwell Health Application Inc. or our licensors and are protected by Canadian and international copyright, trademark, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of our services or software; attempt to extract source code or create derivative works; or use our trademarks or branding without written permission.

13. Termination of Access

We reserve the right to terminate or suspend your access to the app immediately, without prior notice or liability, if you breach these Terms of Service, misuse the platform, engage in fraudulent activity, engage in abusive or threatening conduct toward Actuwell staff, are required to be removed by law or regulatory order, or present a security risk to other users or our systems.

You may delete your account at any time through the app settings. Upon account deletion:

• Your access to the app will be immediately terminated
• Your personal data will be permanently deleted from Actuwell's systems within 30 days, including all backup copies
• You will lose access to all stored medical documents and health records
• Where applicable, we will submit deletion requests to third-party service providers on your behalf
• If you verified through Entrust, your verification data has already been automatically deleted within 48 hours of your original verification — no further action is required
• If you verified through Plaid, we will submit a deletion request to Plaid on your behalf
• No deletion request to Anthropic is required — Zero Data Retention means no PHI is held by Anthropic after processing completes
• Active subscriptions must be cancelled separately through your app store account

Before deleting your account, we strongly recommend exporting your health data for your personal records.

Privacy Breach Protocol: In accordance with PHIPA, in the event of unauthorized access, loss, or disclosure of personal health information, we will immediately contain the breach, notify affected individuals within 48 business hours of discovery if there is a risk of significant harm, notify the affected healthcare provider(s), notify the Information and Privacy Commissioner of Ontario where required by law, maintain a log of all privacy breaches, and undertake internal investigations and implement corrective actions.

14. Disclaimers and Limitations of Liability

Actuwell is provided "as is" and "as available" without warranties of any kind, either express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, or non-infringement.

Actuwell is not a regulated healthcare provider, and use of this app does not establish a provider-patient relationship. Any health-related content, reminders, educational materials, or insights generated by the app are informational only and are not intended to replace professional medical advice, diagnosis, or treatment.

• Educational Content Only: All health recommendations and lifestyle tips are based on Canadian clinical practice guidelines and are for educational purposes only for non-symptomatic individuals with normal health conditions.
• Not for Diagnosis or Treatment: No content within the app should be construed as a clinical recommendation, diagnosis, or treatment plan.
• Consult Healthcare Providers: Users with existing medical conditions, symptoms, or abnormal health concerns must consult with a licensed healthcare provider before making any medical decisions based on information presented in the app.
• Emergency Situations: In case of a medical emergency, call 911 or go to the nearest emergency room. Actuwell is not designed for emergency medical situations.
• No Guaranteed Outcomes: We make no guarantees that use of the app will result in improved health outcomes, prevention of medical issues, or any specific health benefits.
• AI Classification Accuracy: Actuwell does not guarantee the accuracy or completeness of AI-assisted document categorization. Document classification is provided for organizational convenience only and must not be relied upon for clinical or medical decision-making.

To the fullest extent permitted by law, Actuwell Health Application Inc., its officers, directors, employees, agents, and service providers will not be liable for any indirect, incidental, special, consequential, or punitive damages; loss of profits, revenue, data, or use; medical complications, misdiagnosis, or adverse health outcomes; errors or omissions in medical documents or AI-assisted document classification; or interruption or cessation of service.

Our total liability to you for any claim arising from or relating to these Terms or your use of Actuwell shall not exceed the amount you paid to Actuwell in subscription fees during the 12 months preceding the claim.

15. Indemnification

You agree to indemnify, defend, and hold harmless Actuwell Health Application Inc., its affiliates, officers, directors, employees, agents, and service providers from any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from your use or misuse of the app, your violation of these Terms of Service, your violation of any applicable laws or regulations, your upload of inappropriate, fraudulent, or third-party documents, any content you submit or transmit through the app, or your violation of any third-party rights.

16. Privacy and Data Protection

Your use of Actuwell is also governed by our Privacy Policy, which is incorporated into these Terms by reference. We are committed to compliance with:

• Personal Information Protection and Electronic Documents Act (PIPEDA)
• Personal Health Information Protection Act (PHIPA)
• SOC 2 security standards (certification in progress)

Our use of AI-assisted document processing involves the transient transmission of personal health information to a US-based service provider (Anthropic) under a Business Associate Agreement with Zero Data Retention enabled. Full details are provided in our Privacy Policy.

17. Third-Party Services and Links

Actuwell integrates with third-party services including:

• Healthcare provider electronic medical records systems
• Amazon Web Services (AWS) — cloud infrastructure and computing services (PIPEDA-compliant, Canadian data centers)
• Entrust — current identity verification provider (data processed in Canada)
• Plaid — previous identity verification provider for users verified prior to May 19, 2026 (US-based, data processed in the United States)
• Anthropic — AI document processing (US-based service provider, transient processing only under BAA with Zero Data Retention)
• RevenueCat — subscription management
• Supabase — authentication and database
• Apple App Store and Google Play Store — payment processing

We are not responsible for the privacy practices, terms of service, or content of any third-party services. Your use of third-party services is subject to their respective terms and policies.

18. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. You irrevocably submit to the exclusive jurisdiction of the courts of Ontario for any legal action or proceeding arising from or related to these Terms or your use of Actuwell.

Before initiating any legal proceedings, you agree to first contact us at support@actuwell.ca to attempt to resolve the dispute informally. We will make good faith efforts to resolve disputes amicably within 30 days.

19–24. General Provisions

• Severability: If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Actuwell.
• Entire Agreement: These Terms of Service, together with our Privacy Policy, constitute the entire agreement between you and Actuwell Health Application Inc. regarding your use of the app.
• Assignment: You may not assign or transfer these Terms or your account to any third party without our prior written consent. We may assign our rights and obligations under these Terms without restriction.
• Survival: Provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, limitations of liability, and dispute resolution provisions.
• Language: These Terms have been prepared in English. If translated into any other language, the English version shall prevail in the event of any conflict or inconsistency.

25. Changes to the Terms

We may update these Terms of Service to reflect app changes, feature updates, legal requirements, or business practices. Material changes will be communicated through in-app notifications, email notification to your registered email address, and prominent notice on our website. We will provide at least 30 days' notice before material changes take effect.

If you do not agree to the updated Terms, you may discontinue use of the app, delete your account before the changes take effect, or export your data before the effective date. Continued use of Actuwell after the effective date of any changes constitutes your acceptance of the updated Terms.

26. Contact Information

If you have questions, concerns, or feedback about these Terms of Service, please contact our Support Team at support@actuwell.ca, or our Privacy Officer (for privacy-related inquiries) at privacy@actuwell.ca. Our address is 740 Dupont St, Toronto ON, M6G 0A9. We will respond to all inquiries within 48 business hours.