Support
Copyright© 2023 Tactus Therapy Solutions, Ltd., All rights reserved.
Updated February 13, 2024
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. These Terms and Conditions (the “Terms and Conditions”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”, “You”, “Your”, “your”, “user” or “User”) and Tactus Therapy Solutions Ltd., and its licensors and affiliates (collectively, “We”, “we”, “Us”, “us”, “Our”, “our” or “Tactus”). Tactus makes available cloud-based web application software or mobile application software (the “Software”), including but not limited to Tactus’ mobile and web applications for speech therapy and Tactus’ Virtual Rehab Center, which is made available though our website located at the domain https://tactustherapy.com (the “Website”) or for download for use as mobile application software. These Terms and Conditions also apply to any and all services made available through the Software and any and all other related services offered by Tactus (the “Services”). Your access to and use of the Services offered by Tactus is expressly conditioned on your acceptance without modification of the following Terms and Conditions.
If you accept these Terms and Conditions, click on the “I Accept” box, or take other positive step to indicate your agreement to these Terms and Conditions. That action is the equivalent of your signature and indicates your acceptance of these Terms and Conditions and that you agree to be legally bound by them. Your use of the Software, the Website, and/or the Services constitutes acceptance of these Terms and Conditions.
Tactus may modify, supplement or amend these Terms and Conditions at its sole discretion. If so, you will be notified the next time you use the Software, and given an opportunity to accept the modifications. Your continued use of the Software will be evidence that you acknowledge and agree to be bound by the modified Terms and Conditions. If you do not accept the modifications, you are no longer entitled to use the Software.
The Services (as defined herein), the Software, and our Website are available only to, and may only be used by persons who can enter into legally binding contracts under applicable law. Without limiting the foregoing, the Services, the Software, and our Website are not available to minors.
Subject to your compliance with all of these Terms and Conditions and the payment of any and all applicable license and subscription fees, Tactus grants you a limited, non-exclusive, non-transferable, and personal license to access and use the Software and have an object code version of the Software reproduced on your computer or other applicable device (i.e., mobile device, if applicable), solely to support your use of the Services and Software and otherwise in accordance with the documentation and these Terms and Conditions, provided you have created an account through the Software by registering to use the Software, or have signed in as a guest if applicable, and are in compliance with these Terms and Conditions.
You agree to provide accurate, current, and complete information required to register or create an account, and whatever information relating to you is required in connection with the Website, the Software, and/or the Services (the “Registration Data”). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. Tactus may terminate your right to access and/or use any or all of the Website, the Software, and/or the Services, or your account, if any information you provide is false, inaccurate, or incomplete. You agree that Tactus may store and use the Registration Data you provide for use in maintaining and managing your account.
All now known or hereafter known tangible and intangible rights, title, interest, copyrights and moral rights in and to the Services and Software, including the Tactus and Virtual Rehab Center software, product concept, including but not limited to all text, data, computer code, algorithms, and information, are all owned by Tactus or its licensors or content suppliers. The Software and all content included on the Software is the property of Tactus or its licensors or content suppliers and protected by Canadian and international copyright laws. You agree not to permit access to the Software to others, and not to publish, reproduce, sublicense or modify any content appearing on the Software for any purpose without the prior written consent of Tactus.
If you provide feedback regarding the Software, the Services or our Website, such as recommendations for improvements or features (the “Feedback”), we have the right to use the Feedback in any way. Any development, implementation, or improvement made using any of that Feedback is owned by Tactus and may become part of the Service, the Software, the Tactus software, and/or our Website, without any compensation to you. We reserve all rights in and to the Service, the Software, the Tactus software, the Website, or Content provided on or through the Website.
All brand, product and service images, logos, and names used in the Service, the Software, the Tactus software, and the Website that identify Tactus, our suppliers, Users, and our or their proprietary products and services, are the trademarks or service marks of Tactus, our suppliers or our Users. Nothing in the Service, the Software, the Tactus software, or the Website shall be deemed to confer on any person any license or right on the part of Tactus or such supplier with respect to any such image, logo or name.
The Software facilitates Services including the electronic exchange of information between different types of Users that may use Tactus’ Software and Services:
Users acknowledge that this information exchange is between Users, and that the Software provides efficient exchange of information. Tactus does not provide professional speech therapy or medical advice, but provides the Software as a means of connecting and facilitating therapeutic services between different Users, including between Professional Users and Patient Users, and between Professional Users and Home Users, for the purposes of the Services.
You will implement and maintain appropriate protection in relation to the security and control of access to your computer through which you access the Software. You assume all risks associated with the use and storage of information on your personal computer or on any other computer through which you access the Software.
Each User may access and use the Software and Services solely for its own benefit, and in accordance with these Terms and Conditions. Use of and access to the Software and Services is permitted only by the User who registers the account (or registers as a guest to use the Software, if applicable), and such registration is not transferable. User IDs and passwords are granted to individual, named persons and may not be shared. Each User shall keep its user ID and password information strictly confidential and not share such information with any other person, including any unauthorized person not authorized to access and use the Software and Services. Where multiple persons in an organization use the Software, each such person shall register separately as a User. Notwithstanding the foregoing, each User (and the User’s organization with which the User’s account is associated or registered, if applicable) will be responsible for any and all actions taken using the User’s account through the Software and the User’s user ID and password.
It is each User’s responsibility to safeguard their respective personal and confidential information. All use, collection, and disclosure of your personal information will be governed by Tactus’s Privacy Policy, which is available at https://tactustherapy.com/rehab/privacy/. By agreeing to these Terms and Conditions and making use of the Services and Software, you acknowledge and agree that you have read Tactus’s Privacy Policy and that you consent to the collection, use and disclosure of your personal information by Tactus in accordance with the terms of and for the purposes set out in Tactus’s Privacy Policy.
Except as expressly set out in these Terms and Conditions, the Software and Services are provided “as is” and “as available”, without any other representations, warranties or conditions or guarantees, and Tactus disclaims and will not be bound by any other representations, warranties, conditions, or guarantees whatsoever in connection with the Services and your use and enjoyment thereof, whether express, implied or statutory, including, without limitation, any warranties of accuracy, timeliness, performance, completeness, merchantability, workmanlike quality, title, fitness for a particular purpose or any purpose, and non-infringement of any rights including intellectual property rights of any other party. Tactus provides the Services and Software to connect provides the Software as a means of connecting and facilitating therapeutic services between different Users, including between Professional Users and Patient Users, and between Professional Users and Home Users, for the purposes of the Services, and Tactus does not review, assess, process, or approve the services provided or received by different Users. Without limiting the generality of the foregoing, Tactus makes no warranty that: (i) the Website, the Services, the Software, or any content posted to the Software will meet the User’s requirements; (ii) the Website, the Services, the Software, or the content will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from your use of the Website, the Services, the Software, or the content will be accurate or reliable; (iv) the quality of any products, Services, information obtained by the User through the Website, the Services, the Software, or the content will meet any particular User’s expectations; and (v) any errors in the Services and/or any software operating on the Website or the Software will be corrected. No advice or information, whether oral or written, obtained by the User from the Website or through or from the Software and Services or the content shall create any warranty or condition not expressly stated in the terms. You acknowledge and agree: (i) that Tactus shall not be liable for any act or omission by any other third party; and (ii) that no agent, employee or representative of Tactus has any authority to bind Tactus to any representation, warranty, guarantee or assurance relating to the Services, the Software, the content or these Terms and Conditions.
The Software and Services are not intended to provide you with any medical advice, speech pathology or speech therapy advice, or any other advice. For professional advice about your medical condition, ask your physician, speech therapist or pathologist, or other health care provider. Your physician, speech therapist or pathologist, or other health care provider has specialized medical training that allows him or her to understand your condition, symptoms, and medical data and information. Information contained within the Software and Services is intended to be general in nature, and should not be used as a substitute for health information and professional advice from professional sources, and for regular visits to your physician, speech therapist or pathologist, or other health care provider. Any information that you obtain from the Software and Services might be inappropriate for your own situation, or might be misinterpreted. Tactus assumes no responsibility for how you use the information you obtain from the Software and Services. If you have an emergency, or need to speak to someone urgently, contact your physician or go to the nearest hospital.
Certain events beyond our control may make it impossible or not commercially reasonable for Tactus to fulfill some or all of our obligations and Services under these Terms and Conditions. Tactus is not legally responsible to the User if any event beyond our control makes it impossible or not commercially reasonable for Tactus to fulfill some or all of our obligations and Services, and we will endeavour to resume our obligations and Services as soon as we reasonably can. These Terms and Conditions will otherwise remain in full effect.
The User acknowledges that temporary interruptions, downtime, or lack of availability of the Software and Services may occur from time to time as normal events. Without limiting the foregoing, Tactus may, at its sole discretion and on a scheduled basis or an emergency basis, provide updates and maintenance on the Software and/or the Website, without notice. Further, the User acknowledges that Tactus may cease making any portion of the Software and/or the Website available at any time and for any reason or for no reason. Under no circumstances will Tactus or its suppliers be held liable for any damages or loss suffered or allegedly suffered by you due to such interruptions or lack of availability of the Software and/or the Website.
Tactus uses commercially reasonable technical and organizational measures designed to prevent unauthorized access, use, alteration, or disclosure of any Software or Services or any data or personal information of Users. However, without limiting the generality of the disclaimers of warranties, representations, and liability set out in these Terms and Conditions, Tactus will have no responsibility for errors in transmission, unauthorized third-party access, or other causes beyond Tactus’s control.
a. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT WE SHALL NOT, IN ANY EVENT, BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS DATA AND/OR INFORMATION, LOST SAVINGS, OR OTHER EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR OTHER SIMILAR DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR: (1) YOUR USE OR INABILITY TO USE THE SOFTWARE, THE SERVICES, THE WEBSITE, OR ANY PART THEREOF; (2) SUSPENSION, LOSS OR INTERRUPTION OF THE SOFTWARE AND/OR SERVICES; (3) LOSS OR LIABILITIES RESULTING FROM ACTS OR EVENTS BEYOND OUR CONTROL; (4) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATIONS TO DATA; OR (5) DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO THE INAPPROPRIATE OR UNAUTHORIZED USE OF THE SOFTWARE AND/OR THE SERVICES BY YOU OR ANY OTHER USER OF THE SOFTWARE AND/OR THE SERVICES; WHETHER BASED ON CONTRACT, TORT, THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR OTHER LEGAL OR EQUITABLE GROUNDS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF THOSE DAMAGES, AND REGARDLESS OF ANY FUNDAMENTAL BREACH HEREOF OR OF ANY OTHER AGREEMENT.
b. Without limiting the foregoing, you acknowledge that in no event shall Tactus or any of its suppliers, affiliates, directors, officers, employees, agents or representatives be liable for any loss, damage, cost or injury, arising out of or relating to your use of or reliance upon (for any purpose) any advice or information posted or made available through the Software, the Website, or the Services, whether by Tactus or any other users.
c. OUR TOTAL, MAXIMUM AGGREGATE LIABILITY AND THE TOTAL, MAXIMUM AGGREGATE LIABILITY OF TACTUS’S REPRESENTATIVES, ARISING FROM OR RELATING TO THESE TERMS AND CONDITIONS (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G., CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY) IS LIMITED TO TEN CANADIAN DOLLARS ($10 CAD).
d. THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF THESE TERMS AND CONDITIONS, ANY ACCOUNT, OR YOUR ABILITY OR RIGHT TO USE THE SOFTWARE, THE WEBSITE, AND/OR SERVICES. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE DISCLAIMERS AND EXCLUSIONS AND LIMITATIONS OF LIABILITY TO APPLY TO YOU, THE FOREGOING DISCLAIMERS AND EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
The User shall indemnify Tactus from and against all losses, damages, costs, and expenses, and save Tactus harmless from and against any and all claims, liabilities, demands, actions, causes of action, lawsuits and proceedings which may be made or brought against or suffered by Tactus, or which Tactus may suffer or incur as a result of, in respect of or arising out of, the User’s use of the Software, the Website, and/or the Services, save and except for any claims, demands, actions, lawsuits or proceedings that arise specifically out of any fraudulent activities or wilful misconduct of Tactus.
Tactus may terminate these Terms and Conditions with thirty (30) days’ written notice to the User, for any reason or without reason. Upon termination of these Terms and Conditions for any reason, Tactus will immediately stop providing Services and discontinue User’s access to the Software, and User will immediately cease any and all use of the Services and Software.
Each User shall be responsible for its own use of or failure to use the Software and Services, and for the accuracy and completeness of all data and information provided to other Users of Tactus in connection with the use of the Software and Services. Tactus will not be responsible or liable for, nor be considered to be in default under these Terms and Conditions for, any User’s delay or failure to perform any obligation under these Terms and Conditions. Tactus will also not be responsible or liable for any losses or damage arising from the User’s failure to provide timely cooperation and instructions to other Users or Tactus as reasonably required to enable other Users or Tactus to perform their respective obligations.
Each User hereby agrees that they and their employees, agents, and representatives who use and access the Software and Services will not:
a. probe, scan, or test the vulnerability of any system or network used with the Software or Services;
b. decompile, reverse engineer, disassemble, or hack or tamper with the Software or Services, disable or circumvent any security or authentication measures of the Software or Services, or attempt to gain or to grant any other person unauthorized access to the Software or Services (or any portion thereof) or related systems, networks or data;
c. modify or disable the Software or Services or use the Software or Services in any manner that interferes with or disrupts the integrity or performance of the Software or Services or related systems, network, or data;
d. copy, frameset, enclose, or otherwise sell, distribute, transmit, or broadcast any part of the Service, the Software, and/or the Website;
e. modify or create any derivative work of any part of the Service, the Software, and/or the Website;
f. disable, interfere with, or try to get around any of the features of the Service, the Software, and/or the Website related to security, preventing or restricting use or copying of any content, or enforcing the limits on the use of the Service, the Software, the Tactus software, and the Website or the content on the Website; or
g. use, export, or re-export any content or any copy or adaptation of the Service, the Software, and/or the content of the Website in violation of any applicable laws or regulations, including, without limitation, data, privacy and export control laws;
h. use the Software or Services to generate or send unsolicited communications, advertising, or spam;
i. misrepresent yourself or disguise the origin of any data, content or other information you submit (including by “spoofing”, “phishing”, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with Tactus or any third party) or access the Software or Services via another user’s account without their permission;
j. systematically retrieve data or other content from the Software or Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
k. use the Software or Services to stalk, harass, bully, or post threats of violence against others; or
l. permit or encourage anyone else to commit any of the actions above.
Without affecting any other remedies available to us, Tactus may permanently or temporarily terminate or suspend a User’s account or access to the Software and Services without notice or liability, if Tactus (in its sole discretion) determines that a User has violated any of these Terms and Conditions.
User agrees to comply with all applicable laws in its use of the Software and Services. Without limiting the generality of the foregoing, User will not engage in any unsolicited advertising, marketing, or other activities using the Services, including without limitation any activities that violate the Telephone Consumer Protection Act of 1991, CAN-SPAM Act of 2003, Canada’s Anti-Spam Legislation (CASL), or any other anti-spam laws and regulations.
All of the provisions of these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective lawful successors and permitted assigns.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of British Columbia and the courts of British Columbia and shall have exclusive jurisdiction to entertain applications for injunctive relief and all other actions arising in connection herewith.
Section headings are not to be considered a part of these Terms and Conditions and are not intended to be a full and accurate description of the contents hereof.
No amendment, change or modification of these Terms and Conditions shall be valid unless in writing signed by the parties hereto. Waiver by one party hereto of breach of any provision of these Terms and Conditions by the other shall not operate or be construed as a continuing waiver.
You consent to receive communications from Tactus electronically. You agree that all agreements, notices, disclosures, and other communications that Tactus provides to you to your electronic contact information as provided in registering for an account or otherwise signing up to use the Software and Services.
Any provision of these Terms and Conditions which expressly states that it is to continue in effect after termination or expiration of these Terms and Conditions, or which by its nature would survive the termination or expiration of these Terms and Conditions, shall do so, and Sections 2, 7, 11 to 13, and 15 to 24, together with all other provisions necessary for their interpretation and application, will survive the termination or expiration of these Terms and Conditions for any reason.
If any one or more of the provisions of these Terms and Conditions shall for any reason be held to be invalid, illegal, or unenforceable in any respect, any such provision shall be severable from these Terms and Conditions, in which event these Terms and Conditions shall be construed as if such provision had never been contained herein and the remainder of these Terms and Conditions shall nevertheless remain in full force and effect.
These Terms and Conditions constitute the entire understanding and agreement of the parties, and any and all prior agreements, understandings, and representations are hereby terminated and cancelled in their entirety and are of no further force and effect.
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