Privacy Policy

BrainFx Inc. and BrainFx USA Inc. (BrainFx) are committed to protecting your privacy. We will take every reasonable step to maintain the security and confidentiality of your personal information.

This Privacy Policy applies to your use of the BrainFx Platform (the "Platform") which includes - but is not limited to - the BrainFx 360 and BrainFx SCREEN software for mobile devices, the BrainFx Virtual Care Assessment, the BrainFx Platform Administrative websites and the BrainFx Corporate Website (located at https://www.brainfx.com/).

Please note that the most up to date version of our Privacy Policy for the Platform may be located and viewed at any time on the Platform with the direct web address for the Privacy Policy being: https://www.brainfx.com/privacy-policy/.

BrainFx Inc. is accountable for all personal information under its care and control.

Any questions or comments about this Privacy Policy or the handling of any personal information by BrainFx should be directed to our Privacy Officer who will take all appropriate measures to resolve any problem or to answer any privacy-related questions.

The Privacy Officer can be reached at privacy@brainfx.com or by mail at:

If a satisfactory answer has not been provided by such person, the Privacy Commissioner of Canada can be reached at 112 Kent Street, Place de Ville, Tower B, 3rd Floor, Ottawa, Ontario, K1A 1H3, 1-800-282-1376. If BrainFx holds personal information which can be established to be inaccurate, reasonable steps will be taken to correct such information.

The right to access personal information is not absolute and access may be denied in one (1) or more of the following circumstances:

• BrainFx is required or authorized by law to do so;
• the information relates to existing or anticipated legal proceedings against an individual;
• the granting of access would have an unreasonable impact on the privacy of others;
• in order to protect the rights and/or property of BrainFx; or
• in the event that the request is frivolous or vexatious.

If access is denied, BrainFx will explain the reason(s) behind such refusal, as applicable.

If you contact us by email through the Website, we may keep a record of your contact information and correspondence and may use your email address and any information that you provide to us in your message to respond to you.

Our collection, use and disclosure of your personal information is intended to:

• confirm an individual is eligible to receive any products and services;
• understand your needs and provide you an improved experience on the Website;
• protect against Website errors, theft, damage and fraud; and
• satisfy all legal, regulatory, processing or security requirements.

Unless identified in this Privacy Policy or otherwise as required by law, BrainFx will not provide your personal information to third parties in such a way that would disclose your identity.

While our Website may contain links to other websites, please be aware that we are not responsible for the practices or the content of such sites or the treatment of your personal information on those sites.

By using the Website, you expressly consent to the various collection, use and disclosure of your personal information as summarized in this Privacy Policy. In some cases, consent may be implied by using or not using a checkbox, electronically, orally or by your conduct, such as use of a product or service. We will collect personal information by fair and lawful means. Should you choose, at any time, to withdraw your consent, please immediately contact BrainFx’s Privacy Compliance Officer in writing.

If BrainFx wishes to make use of your personal information collected through its Website for a new purpose, it will seek consent for such new use.

Limits for Collecting, Using, Disclosing and Retaining Personal Information:

BrainFx, unless required or permitted by law, does not collect, use or disclose personal information except when it has obtained consent.

In all cases, BrainFx limits the amount and type of information collected to that which is necessary to meet the purposes described above. BrainFx undertakes to keep all personal information it collects strictly secure and confidential through the use of technology safeguards (such as password-protected computers and firewalls). Unfortunately, no data transmission over the Internet or by electronic mail can be guaranteed to be 100% secured and, as a result, BrainFx cannot ensure or warrant the security of any information transmitted to us electronically.

Personal information will be retained by us only as long as necessary for the purposes described in this Privacy Policy or as required by law.

This Privacy Policy is subject to Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”) and/or any other applicable privacy laws and BrainFx reserves the right to change, modify, add, update or remove any portion of this Privacy Policy at any time, acting in its sole discretion. If we decide to make any changes to this Privacy Policy, we will post those changes on the Website, which will be effective immediately upon posting and you are advised to check this Website on a regular basis for changes to this Privacy Policy.

Last Updated: 2020-04-22 (April 22nd, 2020).

BrainFx® Terms of Use for Health Care Professionals

You are seeking to be listed as a healthcare professional on the BrainFx website (the "Website") and to obtain access to the assessment tools and content (including the messages, information, data, text, software, images, collectively, "Content") available through the BrainFx website for use with your clients. The Website and the Content are referred to collectively as the "BrainFx Services" or simply, "Services". As a condition of registering for and using the Services, you must agree on your own behalf and on behalf of any organization on whose behalf you may act (collectively referred to herein as "you"), to accept and abide by these Terms of Use for each use of the Services. These Terms of Use govern your access to and your use of the Services.

Definitions

Eligibility for an Account

You are only eligible to obtain an account with BrainFx (your "Account") if you satisfy the following two conditions:

• you are a member in good standing with your applicable healthcare professional self-regulatory body; and,
• if you are administering the assessment, you have successfully completed all BrainFx Assessment Certification Courses required for the specific BrainFx Assessment(s) you intend to use and obtained a passing grade.

To begin, you must first create a healthcare professional account by providing BrainFx with a user name, password, valid email address and your certification number issued by your applicable healthcare professional self-regulatory body. By providing us with your certification number you consent to BrainFx confirming that you are a member in good standing with your applicable healthcare professional self-regulatory body. Once this is confirmed, you can choose to sign up for the BrainFx Assessment Certification courses. Only after you have successfully completed the training and obtained a passing grade will your BrainFx account be updated to full Certified BrainFx Administrator status. Until then, your account will only have access to pre-certification pages and resources.

Electronic Communications, Use of Passwords and Privacy

You agree to have these Terms of Use, the Services and any related information made available to you and to otherwise have communications between you and BrainFx all occur electronically. You agree to immediately notify BrainFx if your licence as a healthcare professional or your membership with the applicable healthcare professional self-regulatory body is suspended or revoked for any reason whatsoever. You also agree to ensure your contact information is correct at all times within your Accounts and to inform BrainFx immediately if you are unable to update your information or have lost access to your Accounts.

You are responsible for all activity that occurs under your Accounts including any activity by unauthorized users. You agree that you will not allow nor enable in any manner or capacity, any others to use your Account. You agree to safeguard the confidentiality of your Account and not share access nor enable access to your account through the disclosure of your Account details, username, password or other details. If you become aware of any unauthorized access to your Account, you agree to change your password and notify BrainFx immediately.

BrainFx respects the privacy of every individual who uses the Services. Please see the BrainFx Privacy Policy which provides information about the uses and disclosure of personal information that is collected in connection with the Services and is available viewable: https://admin.brainfx.com/privacy-policy

Services: Charges and Payment

• You represent that you have the authority to enter into these Terms of Use on behalf of your company, employer or other person on whose behalf you are seeking the Services.
• Your use of the Services, unless expressly allowed by BrainFx in writing, is contingent upon the purchase of usage credits, an active subscription plan or other payment structure for the Services as may be expressly agreed to by BrainFx in writing. Please note that prices and charges associated with the Services are set out in Canadian dollars and are subject to change, from time to time.
• You may be required to purchase some specified hardware, devices and/or infrastructure from BrainFx in order to access and use the Services. You agree to be responsible for all charges necessary to access and use the Services.
• Payment must be made using an approved and valid credit card unless otherwise expressly agreed to by BrainFx in writing. Approved credit cards include Visa, Master Card and American Express. You are responsible for and agree to pay promptly, all charges to your Account, including applicable taxes.
• Payments for some parts of the Service are processed on behalf of BrainFx by a third party payment processor upon their secure website. Upon submitting your order you may be redirected to the third party payment processor's website to complete the purchase. In such case, your web browser will need to support, in the least, 128-bit SSL encryption. If your browser cannot support SSL, you may not be able to connect to the third party payment processor page. We strongly urge you to review the third party payment processor's Terms of Use prior to proceeding with the purchase. Any personal information that you submit to the third party payment processor during the subscription process will be collected directly by such third party payment processor and by BrainFx.

Limited Licence

BrainFx hereby grants you a non-exclusive, non-transferable, non-sub-licensable, revocable, limited license to: (1) use the Services, subject to these Terms of Use; and (2) access, display and review the Content on your computer or mobile device or the BrainFx Assessment Hardware in order to set up appointments with clients and administer BrainFx Assessments to patients solely for your professional use or internal use by your organization. You may not modify any aspect of the Services. Your rights to use the Services are limited to those rights expressly set out in these Terms of Use. All rights not expressly granted by these Terms of Use are reserved by BrainFx.

Usage Restrictions and Requirements

You may not, nor may you cause or assist another to:

• modify, reverse engineer, decompile, create derivative works from, or disassemble the Services for any reason whatsoever, including for the purpose of creating competitive products or services;
• resell any Content;
• include any Content in or with any product that you create or distribute;
• copy any Content onto your own or any other website or device;
• use the Services in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse the Services, or any other services, system resources, accounts, servers, networks, affiliated or linked websites connected to or accessible through the Services (including without limitation uploading, posting or otherwise transmitting from the website any computer viruses, Trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on the Services' infrastructure);
• use any robot, spider or other automatic program or device or manual process to monitor, copy, summarize, or otherwise extract information from the Services or the Content in whole or in part;
• use the Services for commercial purposes or activities, other than for administering BrainFx Assessments, including without limitation:
  • selling or offering to sell any goods or services other than the BrainFx Assessments;
  • soliciting for advertisers or sponsors;
  • conducting contests, gaming or gambling or offering prizes, awards or any other incentives to any person;
  • displaying advertising or sponsorship banners, including those generated by banner or link exchange services;
  • sending unauthorized or unsolicited junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;
• use the Services in any manner that may dilute or depreciate the name or reputation of BrainFx, its registered and unregistered intellectual property or its affiliates or associates; or
• interfere with any other persons' use and enjoyment of the Services or of the internet generally.

All of the Content is the property of BrainFx, or used under license by BrainFx and is subject to copyright and other intellectual property protections. Any trademarks displayed on the Services are owned by BrainFx or third parties and any use thereof is strictly prohibited. You must include with any display or copy of the content the BrainFx copyright notice shown at the bottom of each page of the Services. No other activity or use is permitted.

If you breach any provision of these Terms of Use (including if you are no longer a member in good standing with your applicable healthcare professional self-regulatory body) then you may no longer use the Services. BrainFx, in its discretion, shall determine whether these Terms of Use have been violated. BrainFx may immediately suspend or terminate your access to or use of the Services, deactivate your Account and prohibit you from any future use of the Services without any prior notice to you. You agree that BrainFx may, in its sole discretion, terminate or suspend your Account with or without notice.

Upon termination or suspension of your Account, regardless of the reasons thereof, your right to use the Services will immediately cease and you acknowledge and agree that BrainFx may immediately deactivate or delete your Account and all related information and files in your Account and/or bar any further access to such files or information. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by BrainFx in connection with such termination or suspension.

Medical Disclaimer

All Content and Assessment results generated through the use of the Services are provided for general and informational purposes only and are not intended to be a substitute for the medical advice and professional opinion that you provide to your clients. The results generated through the use of the Services and the Content are not intended to diagnose, treat, cure, or prevent any disease. The results generated through the use of the Services and the Content are not a substitute for a face-to-face consultation and shall not be construed to be individual medical advice.

Representations and Warranties

BrainFx disclaims all representations, warranties and conditions, express or implied, with respect to the Services (including the Content) and the results generated through the use of the Services including any representation, warranty or condition that the Services, the Content or the results generated through the use of the Services are accurate, complete or current or that access will be uninterrupted or error-free.

Limitation of Liability

YOU AGREE THAT IN NO EVENT WILL BRAINFX OR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES (COLLECTIVELY "BRAINFX REPRESENTATIVES") HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THE SERVICES OR THE RESULTS GENERATED THROUGH THE USE OF THE SERVICES FOR ANY LOSSES OR DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT (INCLUDING FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM),TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL OR EQUITABLE BASIS, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS OR REVENUE, LOSS OF GOODWILL OR OTHER ECONOMIC LOSS), ARISING FROM OR IN CONNECTION WITH OR RELATING TO THE USE OF OR ACCESS TO, OR ANY INCONVENIENCE, DELAY OR LOSS OF USE OF OR ACCESS TO THE SERVICES, THE RESULTS GENERATED THROUGH THE USE OF THE SERVICES, THE CONTENT, OR FAILURE OF THE SERVICES (INCLUDING WITHOUT LIMITATION ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN THE SERVICES OR CONTENT, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM BRAINFX), EVEN IF BRAINFX OR ANY BRAINFX REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH DAMAGE OR LOSS WAS FORESEEABLE.

Indemnity

YOU WILL INDEMNIFY AND HOLD BRAINFX AND ALL BRAINFX REPRESENTATIVES (THE "INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ANY CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE SERVICES, YOUR USE OF THE RESULTS GENERATED THROUGH THE USE OF THE SERVICES AND ANY BREACH OF THESE TERMS OF USE BY YOU, INCLUDING ANY USE OF THE CONTENT OTHER THAN AS EXPRESSLY AUTHORIZED. YOU AGREE THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH BREACH OR UNAUTHORIZED USE OR MODIFICATION AND AGREE TO INDEMNIFY AGAINST ANY AND ALL RESULTING LOSS, DAMAGES, JUDGMENTS, AWARDS, COSTS, EXPENSES AND LAWYERS' FEES OF THE INDEMNIFIED PARTIES IN CONNECTION THEREWITH.

Governing Law

These Terms of Use and the rights, obligations, liabilities and responsibilities of the parties hereto shall be governed and interpreted by the laws of the Province of Ontario and the federal laws of Canada applicable therein without regard to conflict of laws principles and regardless of the location from which the Services are accessed or used. You hereby irrevocably consent to the personal and exclusive jurisdiction of the courts located within the Province of Ontario.

Independent contractors

You acknowledge that you and BrainFx are and will remain, independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by these Terms of Use.

Assignment

The provisions of these Terms of Use will ensure to the benefit of and be binding upon you and BrainFx and your respective successors and assigns and, if you are contracting as an individual, your heirs, executors, administrators and personal representatives. You may not assign these Terms of Use or your rights and obligations under these Terms of Use without the express written consent of BrainFx, which may be withheld in BrainFx's sole discretion. BrainFx may assign these Terms of Use and its respective rights and obligations under these Terms of Use without your consent.

BrainFx Assessment Administrator Training Courses

The curriculum and contents of the BrainFx Assessment Administrator Training Courses are currently neither endorsed nor approved by any regulatory or certifying body. Successfully completing and receiving your certificate and CBA Number for one or more BrainFx Assessment Administrator Training Courses is strictly intended to give BrainFx Inc. assurance that you understand how to use BrainFx Assessments. The term "Certified by BrainFx Administrator" is abbreviated to CBA and should not be interpreted as designation, title, or specialization.

Questions or Concerns

Should you have any questions or concerns regarding these Terms of Use or the BrainFx Privacy Policy, you may contact BrainFx's Chief Privacy Officer via email at: privacy@BrainFx.com or by mail at:

Returns and Refund Policy

(Commercially available only in Canada currently)

BrainFx Certification Course

Fees for the course are not refundable, unless BrainFx determines that an applicant is not eligible to enroll in the course. In this case, BrainFx will provide a refund within 15 days to the payment method charged or by cheque to the address provided, less a $50 administration fee.

Access to the BrainFx Certification course occurs after confirmation that you are in good standing with your regulatory college/ body.

Assessment Hardware

Assessment Hardware, if purchased, will ship upon successful completion of the BrainFx Certification Course. Usually ships within 72 hours.

You can return Assessment Hardware for a Full Refund within 30 days of purchase if the following requirements are met:

• Item(s) must be in new condition
• Item(s) must be returned with all original packaging and accessories
• Electronics must have a UPC or serial number

BrainFx will provide a refund within 15 days to the payment method charged or by cheque to the address provided. Shipping costs are not refundable.

All tablets and accessories sold are supported under Manufacturers’ warranty. In the unlikely event that an item appears to be defective, please contact the customer support network for the manufacturer to have it serviced under warranty.

Assessment Credits

Assessment credits are non-refundable.