ForaHealthyMe Inc. Terms of Use


The following terms constitute an agreement between you and ForaHealthyMe, Inc. ("ForaHealthyMe"), the operator of www.ForaHealthyMe.com ("the Site"). This agreement governs your use of the ForaHealthyMe platform and mobile application, as a registered user is described below.

The ForaHealthyMe platform aligns with the Privacy by Design principles laid out under the Ontario Privacy Commissions guidelines. See our Privacy Policy. All users are required to be authenticated to access the site.

THE MATERIAL PROVIDED ON THE SITE, SUCH AS WRITTEN COPY & TEXT, AND ANY OTHER MATERIAL PROVIDED ON THE SITE ARE FOR EDUCATION & INFORMATIONAL AND SUPPORT PURPOSES ONLY. ADVERSE EVENTS AND REACTIONS TO EXERCISES, MEDICINES, AND PRODUCTS MUST BE REPORTED TO YOUR HEALTH PROVIDER. FORAHEALTHYME IN. WILL NOT PROMPT, FORWARD, ACT ON, OR COMMENT ON ANY SUCH REPORTS.

Modifications to this Agreement

We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this Site. We encourage you to review this Agreement periodically for any updates or changes, which will have an update effective date.

Using this Platform to Communicate and Share Information with a Provider

I understand and accept that there are significant risks associated with using electronic information systems to communicate and to store personal health data, including these:
  • The privacy and security of shared information cannot be guaranteed. Copies of electronic communications may continue to exist, even after reasonable efforts to delete the information have been made.
  • I understand and agree that if a provider engages in sharing and communicating information electronically with me, that the provider may decide to stop doing so, at any time, for their own reasons.
I must not use this platform for medical emergencies or other time-sensitive matters. If I need immediate assistance or have a condition that appears serious or worsens rapidly, I must n ot rely on email or other tools in this platform. Instead, I should take other measures as appropriate, which may include seeking emergency services.

The provider may require that I follow additional rules for the use of electronic communication that it may set at any time. In addition, areas within the hospital and/or individuals working on behalf of the health care institution may require that I follow additional rules that they may set at any time.

The provider cannot guarantee that any particular electronic message will be read and responded to within any particular time period. If I feel there is an undue delay in response to a message I send, it is my responsibility to follow up.

Neither the provider nor those communicating on its behalf will be liable for any harmful consequence to me that may arise from the use of electronic messaging and other tools.

If I wish to withdraw my consent to communicate using this platform, I may do so at any time, but I must do so in writing and ensure all relevant correspondents receive a copy of my withdrawal notice.

User Password and Login Identity

You are responsible for maintaining the confidentiality of your member access number, password and login, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your user privileges may be compromised, suspended temporarily or terminated. You agree to immediately notify the site administrator of any unauthorized use of your user password or login or any other breach of security.

Motion Capture and Sharing

ForaHealthyMe Inc. uses Microsoft’s Kinect technology with motion activity detection combined with clinical workflows to prescribe exercises and review video and analytics on a patient’s pre-op and post-op care. When you create a profile, you will need to provide data, such as height, weight, and age that is used to calculate prescribed exercise results as well as factors like center of mass (CoM). The data captured and historical information is stored on our servers and shared with your health provider if you give permission to access and use that data.

Limitation of Liability


UNDER NO CIRCUMSTANCES SHALL FORAHEALTHYME INC., ITS PARTNERS, CONTRIBUTORS, AGENTS, EMPLOYEES, DIRECTORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) DUE TO YOUR USE OF THIS SITE OR DUE TO YOUR RELIANCE ON ANY OF THE CONTENT CONTAINED OR THE SERVICES PROVIDED ON THE SITE.

Limitations of Use

You may not access or use our website or the app for any purpose that is unlawful or that is prohibited by these Terms of Use. Use of our website or the app for any other purpose, including any commercial use or purpose, is expressly prohibited.

In addition to the foregoing, you also agree that, in accessing or using our website or the app, you will not, or allow anyone of your behalf or any third party to commit or participate in any of the following acts or actions, each of which is expressly prohibited under these Terms of Use:

  • Directly or indirectly, access or use, encourage, solicit, permit, facilitate, aid, assist or abet or participate in, including, but not limited to, the selling, licensing, distribution or provision to any entity or person by any means whatsoever that allow, the access or use, or agree to provide the access or use, of our website or the app through manual process or any automatic, electronic or technical device, including but not limited to automated scripts, robots, crawls, screen scrapers, web "bots", deep-links, indexes, spiders, click-spams, macro programs, or any other device, program, software, system, algorithm, methodology or technology, now known or that is afterwards discovered, that performs the same or a similar function, in order to, without limitation, data mine, screen scrape, data process, access, extract, copy, distribute, aggregate or acquire information, generate impressions or clicks, input or store information, search or generate searches or manipulate or monitor any portion or content of our website or the app;
  • Unless expressly provided for in these Terms of Use, create any derivative works from or otherwise copy, license, display, publish, perform, recreate, reproduce, sell, transfer, transmit or otherwise distribute, modify, edit, add to, mirror, frame, re-render, truncate, inject, filter or change the order of any information, products, goods, services, and software contained or offered on, or obtainable by, through or from our website or the app or attempt to derive the source code of the app. Without limiting the generality of the foregoing, you also agree not to cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisements, or anything else that minimizes, covers, or otherwise inhibits the full display of our website or the app;
  • Access or use our website or the app in such manner, or otherwise take any action, that burdens our infrastructure to an unreasonable and disproportionate extent, or reduces the speed of our website or the app, that otherwise interferes with the normal functioning of our website or the app or otherwise abuses or overuses our website or the app;
  • Circumvent, or attempt to circumvent, any measures or precautions taken by us to prevent the use or access of our website or the app, or any other action, in violation of these Terms of Use;
  • Access or use our website or the app to make any speculative, fraudulent, or false reservation, or any reservation in anticipation of demand. We reserve the right to cancel any and all such prohibited reservations without notice and without liability;
  • Remove, alter or destroy any proprietary, trademark or copyright markings or notices placed upon or contained in our website or in the app;
  • Use the app to develop any application or technology having the same primary function as the app including, but not limited to, using the app in any development or test procedure that seeks to develop like software or other technology, or to determine if such software or other technology performs in a similar manner as the app; or
  • Engage in any other conduct or activity that either conflicts with these Terms of Use or that we deem, in our sole, absolute and unrestricted discretion, to be in conflict with these Terms of Use.

Proprietary Rights and License

We retain all rights in all ForaHealthyMe trademarks, copyright, database rights and other in the app together with the underlying software code.

We hereby grant you a non-exclusive, non-sub licensable, non-transferable revocable license to use the app for your professional, commercial purposes, and only for such purposes. This license is subject to you complying with these Terms of Use.

Liability Disclaimer

ANY INFORMATION, SOFTWARE, PRODUCTS, GOODS, SERVICES, MATERIAL OR OTHER CONTENT FOUND OR OFFERED ON OR PROVIDED OR ACCESSIBLE THROUGH OR OBTAINED FROM OUR WEBSITE OR THE APP MAY CONTAIN ERRORS AND/OR OMISSIONS, MAY HAVE BECOME OUT OF DATE, AND MAY BE MODIFIED FROM TIME TO TIME BY US AND/OR OUR SUPPLIERS, AGENTS AND CONTRACTORS.

WE DO NOT WARRANT OR GUARANTEE THAT OUR WEBSITE OR THE APP WILL OPERATE UNINTERRUPTED, ERROR-FREE OR THAT ANY SERVER USED IN CONNECTION WITH OUR WEBSITE OR THE APP IS OR WILL BE FREE OF ANY VIRUS, TROJAN HORSE, WORM, BACKDOOR OR OTHER PROGRAM CODE OR PROGRAMMING INSTRUCTION OR SET OF INSTRUCTIONS DESIGNED TO DISRUPT, DISABLE, HARM, INTERFERE WITH OR OTHERWISE ADVERSELY AFFECT COMPUTER PROGRAMS, DATA FILES OR OPERATION. YOU ACCESS AND USE OUR WEBSITE AND THE APP AT YOUR OWN RISK.

THE APP, OUR WEBSITE AND THE FLIBD CONTENT ARE PROVIDED "AS IS", AND "AS AND WHEN AVAILABLE" WITHOUT ANY WARRANTY, CONDITION, REPRESENTATION OR GUARANTEE OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY WARRANTIES RESPECTING TITLE, QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS, OR TIMELINESS OF DATA, ALL OF WHICH WE HEREBY EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW.

IN NO EVENT SHALL WE OR ANY OF OUR SUPPLIERS, MICROSOFT, CONTRACTORS, APPLE CANADA, INC., APPLE INC. OR ANY OF ITS SUBSIDIARIES OR ANY OF ITS SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, ECONOMIC, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSSES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OR MISUSE OF, RELIANCE ON OR THE DELAY OR THE INABILITY TO USE OUR WEBSITE, THE USE OR THE DISTRIBUTION OF THE APP OR ANY FLIBD CONTENT INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES OR LOSSES CAUSED BY THE PERFORMANCE OR ANY FAILURE TO PERFORM, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, NON DELIVERY OF NOTIFICATIONS, EMAIL OR TEXT MESSAGES THAT ARE LOST, INTERCEPTED, REVIEWED OR ALTERED BY OTHERS, TEXT MESSAGES SENT TO A VALID MOBILE PHONE NUMBER THAT YOU PROVIDED TO US BUT WHICH IS NOT OWNED OR NO LONGER OWNED BY YOU, COMPUTER VIRUS AND OTHER DAMAGE TO YOUR MOBILE DEVICE, COMPUTERS, COMPUTER NETWORKS OR OTHER PROPERTY, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD OR DATA OR INFORMATION OR PROGRAMS, WHETHER SUCH DAMAGES, LOSSES OR INJURIES ARE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF WE OR OUR SUPPLIERS, AGENTS AND CONTRACTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. TO THE EXTENT THAT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THIS PATICULAR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold harmless ForaHealthyMe, its officers, employees, agents, subsidiaries, affiliates and other partners, from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement.

As a condition of you accessing or using our website or the app, you agree to indemnify, defend and hold us and any of our affiliates, related entities such as Microsoft, and Apple Canada, Inc., Apple Inc. and its subsidiaries and their respective directors, officers, employees, independent contractors and agents (each an "Apple Indemnified Party" and collectively, the "Third Party Beneficiaries") harmless from and against any and all liabilities, losses, damages, claims, demands, suits, actions, proceedings, judgements, penalties, taxes, fines, costs and expenses (including reasonable legal fees) arising out of, or resulting from, attributable to, or otherwise connected to or in relation with: (a) the FLIBD Content, (b) any information, including personal information, you supply to us either on your behalf or on behalf of a third party, (c) your (or anyone acting under your name and account) use of the app or our website, or (d) your breach of these Terms of Use.

You acknowledge and agree that Microsoft, Apple Canada, Inc. and Apple Inc. have no obligations whatsoever to furnish any maintenance and support services with respect to the app.

Additional Terms and Conditions

Governing Law and Venue

This agreement shall be governed by the laws of the Dominion of Canada and the applicable federal laws of the province of Ontario. All disputes arising under, or in any way connected with membership in or use of the Site, shall be litigated exclusively in the province Ontario and federal courts residing in Canada, and in no other court or jurisdiction. You hereby submit to the jurisdiction of the province and federal courts sitting in the domain of Canada.

Miscellaneous Terms

ForaHealthyMe and the ForaHealthyMe logo are trademarks of ForaHealthyMe Inc. You agree not to display or use these trademarks in any manner without ForaHealthyMe's prior, written permission. ForaHealthyMe may assign this agreement at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all its assets. You may not assign or transfer this agreement.

If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.