Terms of Use

Effective Date of Terms and Conditions: December 2, 2025

Last Updated: December 2, 2025

Terms and Conditions

Acceptance of the Terms and Conditions

These Terms and Conditions constitute a legal agreement and are entered into by and between you and Elix Health Inc. ("we," "us," "our"). The following, together with any documents and additional terms expressly incorporated by reference (collectively, the “Terms”), govern your access to and use of, including any content, functionality, and services offered by us (the “Content”), including our virtual health platform that facilitates connections between users and licensed healthcare providers for health consultations (the "Platform").

By using the Platform, or otherwise accessing or using the Content, you accept and agree to be bound and comply with these Terms and our Privacy Policy, found at https://www.elixhealth.ca/terms-privacy and incorporated herein by reference. If you do not agree to these Terms or the Privacy Policy, you must not access or use the Content or the Platform.

By using the Platform or otherwise accessing or using the Content, you represent and warrant that you are of the legal age of majority under applicable law to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Content or the Platform. Your violation of these Terms at any time may result in suspension or termination of your use or access to the Content, the Platform, or both.

Modifications to the Terms

We reserve the right in our sole discretion to revise and update these Terms the from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued access to and use of the Content and the Platform. You agree to periodically review the Terms to be aware of any such modifications and your continued use will be your acceptance of these.

The information and material on the Content or Platform may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Content or Platform is restricted to users or unavailable at any time or for any period.

Your Use of the Content and the Platform and Account Set-Up and Security

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. You are responsible for obtaining your own access to the Content and the Platform. You are required to ensure that all persons who access the Content or the Platform through your internet connection are aware of these Terms and comply with them. The Content and the Platform may require user registration. It is a condition of your use of the Content and the Platform that all the information you provide to us is correct, current, and complete.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to us. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Content or the Platform.

Your provision of registration information and any submissions you make to the Content or the Platform through any functionality such as applications, chat rooms, e-mail, message boards, personal or interest group web pages, profiles, forums, bulletin boards, and other such functions (collectively, "Interactive Functions") constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy, found at https://www.elixhealth.ca/terms-privacy.

Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to the Content or the Platform or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.

We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms.

You are prohibited from attempting to circumvent and from violating the security of the Content or the Platform, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures that are not authorized; (c) restricting, disrupting, or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting our ability to monitor the Content or the Platform; (f) using any robot, spider, or other automatic device, process, or means to access the Content or the Platform for any purpose, including monitoring or copying any of the material on the Content or the Platform; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Content or the Platform via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Content or the Platform.

Consent to Use of Telehealth Services

The Platform offers virtual pharmacist consultations delivered via secure audio, video, or digital messaging platforms (“Telehealth Services”), including but not limited to Jane App, which involves the delivery of care through electronic means. While Telehealth Services can enhance accessibility, it has limitations, such as but not limited to:

(a) the inability to perform physical exams;

(b) the potential for technical disruptions; and

By using the Platform, you consent to virtual care and acknowledge that certain limitations exist to such Telehealth Services. You may also be required to review and sign certain consent forms that are required by us or applicable law before accessing the Platform or the Telehealth Services. You must complete and submit all such required consent forms prior to accessing the Platform or accessing the Telehealth Services.

Scope of Services

We are a technology platform that connects users with licensed healthcare providers. We offer:

(a) the Content;

(b) a Platform that allows users to access Telehealth Services provided by a licensed pharmacist or other regulated health professional who is in good standing with their respective College or licensing body, and who is authorized to provide care through the Platform (each, an “Authorized Provider”);

(d) recommendations for select natural health products, as regulated by Health Canada (“NHPs”) available through third-party providers., including but not limited to Fullscript.

We do not provide:

(a) pharmaceutical services or products;

(b) medical clinic services;

(d) sales or distribution services;

(e) emergency medical services;

(f) formal diagnoses or primary medical care; or

(g) replacement services with your regular primary care provider (for example, your family doctor).

Routine reports will not be sent to your physician, unless they are directly related to prescription therapy (e.g., menopausal hormone therapy) or unless you explicitly request it.

The Content may include content provided by third parties. All statements and opinions expressed in any such third-party content, other than the content provided by us, are solely the opinions and the responsibility of the third-party person or entity providing those materials. Such materials do not necessarily reflect our opinion. Neither we nor our affiliates, or our or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.

For emergencies, immediately call 911 or go to your nearest emergency department. We recommend notifying your primary care provider of any consultations or supplements discussed via the Platform or accessed through the Content.

Provider Location, Licensing & Cross Jurisdictional Compliance

The Authorized Provider may be located outside your province or territory at the time of the Telehealth Services. They must be duly licensed and in good standing with their regulatory body (e.g., the College of Pharmacists of British Columbia). If the Authorized Provider is licensed in a different Canadian jurisdiction than you, they must comply with the regulatory, legal, and practice standards of both their home province and the province or territory where you are located.

As with all healthcare interactions, outcomes resulting from the Telehealth Services cannot be guaranteed. The provision of Telehealth Services is subject to the clinical judgment and regulatory obligations of Authorized Providers. Your Authorized Provider may, at their sole discretion, determine that the Telehealth Services are not clinically appropriate for your needs, or that they are not authorized to offer the specific services you require. In such cases, the Authorized Provider may decline to initiate or continue care on the Platform.

The Content (excluding information provided directly by an Authorized Provider during the Telehealth Services) does not constitute medical advice, diagnosis, treatment, or a representation or warranty regarding the safety, suitability, or effectiveness of any particular therapy or intervention for any individual. All such Content is provided strictly for general informational purposes. You are solely responsible for consulting your primary care provider or another qualified healthcare professional before acting on or relying upon any content presented through the Platform. Any such reliance is undertaken at your own risk.

Health Information and Your Responsibilities

You agree:

to provide a complete and accurate medical and medication history, including details of prescription and non-prescription products, over-the-counter medications, herbal remedies, supplements, and any other relevant information (e.g., dosages, frequency, route of administration, allergies, and past adverse reactions). Accurate disclosure is essential to help ensure safe, effective, and patient-centered care;
to follow any guidance or recommendations provided by the Authorized Provider via the Platform; and
that withholding any information from the Authorized Provider may limit the effectiveness of the Telehealth Services or preclude the Authorized Provider from beginning or continuing the Telehealth Services, or from providing any services relating thereto.

Your Conduct and Acceptable Use

You agree to use and access the Content and the Platform in accordance with these Terms and applicable law. You agree not to:

provide false or misleading health information;
harass or abuse our providers or staff;
disrupt, damage, or impair the Content or the Platform or associated software and its security;
use and access the Content and the Platform for unlawful or commercial purposes; or
contact Authorized Providers outside of the Platform with respect to health-related purposes.

Without limiting the foregoing, you warrant and agree that your use of the Content and the Platform will not:

in any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms or our Privacy Policy, found at https://www.elixhealth.ca/terms-privacy;
in any manner violate the terms of use of any third-party website that is linked to the Content or the Platform;
include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in our sole discretion;
impersonate or attempt to impersonate any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or
encourage any other conduct that restricts or inhibits anyone's use or enjoyment of the Content or the Platform, or which, as determined by us, may harm us or users of the Content or the Platform or expose us or them to liability.

Fees and Payment Terms

Fees for the Content, the Platform, the Telehealth Services, and all other billable services are quoted in Canadian dollars. Such fees are posted clearly before your access to any such Content, Telehealth Services or other billable services and may change from time to time in our sole discretion.

You will be responsible to pay all sales and respective taxes of the province or territory of Canada in which you reside that relate to the Content, the Platform, and the Telehealth Services. Taxes and service charges apply where required.

We require valid credit card information to be submitted prior to the booking of Telehealth Services or other billable services. This information is used to verify your ability to pay for your access or use of the Telehealth Services, the Content and the Platform, as applicable. If the credit card details you provide are inaccurate, expired, or declined at the time of authorization, you may be unable to access or schedule Telehealth Services through the Platform. Payment is processed via secure third-party systems.

By submitting your payment information, you authorize us, on behalf of the Authorized Provider, to validate your credit card and, where applicable, to place a temporary hold in the amount of the applicable fees prior to the delivery of Telehealth Services.

You must book all Telehealth Services in advance in accordance with the Platform. Refunds are not available for Telehealth Services that have been completed. Telehealth Services can be rescheduled or cancelled by you up to 24 hours in advance without penalty. Telehealth Services that are missed or cancelled by you with less than 24 hours notice may be subject to fees, which may be set or changed by us from time to time.

You are solely responsible for confirming whether any fees paid for the Content, the Platform, Telehealth Services, or all other billable services, as applicable, are eligible for reimbursement by insurance providers. We make no representation or warranty regarding insurance coverage or payment by third parties.

Third-Party Products and Services

We may recommend or facilitate access to third-party products, including NHPs, supplied through certain third-party service providers. If you choose to access such third-party products, you do so at your own risk. We make no representations or warranties about any third-party products. We have no control over any third-party products and accept no responsibility for such products or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party service providers.

You acknowledge and agree that any concerns with respect to any third-party products must be addressed directly with the relevant third-party service provider. We expressly disclaim any liability for damages, claims, or losses arising from the use of such third-party products or services, and you agree to indemnify and hold us harmless for any claims, damages or losses that you may experience relating to such products or services.

We may link to third-party sites or platforms in the Content or on the Platform. We are not responsible for the content, accuracy, or privacy practices of such third-party sites or platforms parties, and your use of these sites and platforms is subject to each respective third party’s terms and policies.

Privacy

We are committed to safeguarding the privacy, confidentiality, and security of your personal information in accordance with the Personal Information Protection and Electronic Documents Act (PIPEDA), applicable provincial legislation such as the Personal Information Protection Act (PIPA) and the Freedom of Information and Protection of Privacy Act (FIPPA), and relevant health privacy frameworks.

By submitting your personal information to us or by using or accessing the Content and the Platform, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such information in compliance with our Privacy Policy, found at https://www.elixhealth.ca/terms-privacy, as we deem necessary for use of the Content and the Platform.

Health Disclaimers

The Authorized Providers provide wellness-oriented consultations and may recommend NHPs. By listening to any such recommendations, you acknowledge and agree that:

we are not providing any recommendations, nor offering or providing any guarantees with respect to any recommendations that you may receive from an Authorized Provider;
you have the opportunity to consult your doctor or another relevant health provider before starting any new treatments or supplements; and
results may vary, and we neither offer nor provide any guarantees regarding effectiveness of any NHPs or recommendations provided by the Authorized Providers.

Disclaimer of Warranties

You understand and agree that your use of the Content and the Platform, and any services or items found or attained through the Content and the Platform is at your own risk. The Content and the Platform and any services or items found or attained through the Content and the Platform are provided on an "as is" and "as available" basis, without any warranties or conditions of any kind, either express or implied including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Neither we nor our affiliates, or our or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors make any warranty, representation, or endorsement with respect to the completeness, security, reliability, suitability, accuracy, currency, or availability of the Content and the Platform. Without limiting the foregoing, neither we nor our affiliates or our or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors represent or warrant that the Content and the Platform, or any services or items found or attained through the Content and the Platform, will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Content and the Platform or the server that makes it available are free of viruses or other harmful components.

We cannot and do not guarantee or warrant that files or data available for downloading from the internet or the Content and the Platform will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the Content and the Platform and your computer, internet, and data security. To the fullest extent provided by law, we will not be liable for any loss or damage caused by denial-of-service attack, distributed denial-of-service attack, overloading, flooding, mailbombing, or crashing, viruses, trojan horses, worms, logic bombs, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Content, the Platform or any services or items found or attained through the Content or the Platform or to your downloading of any material posted on it, or on any website linked to it.

Limitation of Liability

To the maximum extent permitted by applicable law, we, including our affiliates and our and their respective directors, officers, employees, contractors, agents, licensors, and third-party service providers, will not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to damages for personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort, breach of contract, breach of privacy, or otherwise, even if you were allegedly advised or had reason to know of such losses, resulting from or related to:

your access to or use of, or inability to access or use, the Content, the Platform, or the Telehealth Services;
any decision made or action taken by you based on information or advice obtained through the Content, the Platform, or the Telehealth Services;
any errors, omissions, interruptions, delays, or technical failures, including issues related to internet connectivity, hardware, or software;
any unauthorized access to or use of the Content or the Platform, including any personal or health information stored or transmitted through the Platform; and
any services provided by Authorized Providers through the Platform, including the Telehealth Services.

Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless us, our affiliates, and our and their respective directors, officers, employees, agents, and shareholders, from and against any and all liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or in connection with:

your access to or use of the Content or the Platform, including any Telehealth Services;
your breach or violation of these Terms or any applicable law or regulation;
your violation of the rights of any third party, including any Authorized Providers; and
any content or information you submit, post, or transmit through the Platform.

This indemnification obligation will survive the termination of your use of the Content and the Platform and the termination or expiration of these Terms.

Ownership and Intellectual Property

You understand and agree that the Content, the Platform and the entire contents, features, and functionality of each, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by us, our licensors, or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

Our name, our logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of us or our affiliates or licensors. You must not use such marks without our prior written permission. Other names, logos, product and service names, designs, images, and slogans mentioned or which appear on the Content or the Platform are the trademarks of their respective owners. Use of any such property, except as expressly authorized, will constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action. You may not copy, distribute, modify, or create derivative works from any Content or the Platform without our written permission.

You may only use the Content and the Platform for your personal and non-commercial use. You agree that you will not, under any circumstances:

remove, obscure, or modify any copyright, trademark, proprietary notice, or brand identifier displayed on or in connection with the Content or the Platform;
reproduce, modify, translate, adapt, create derivative works of, distribute, license, lease, sell, resell, transfer, publicly display, perform, transmit, stream, broadcast, or otherwise exploit any portion of the Content or the Platform, except as expressly authorized in writing by us;
decompile, reverse engineer, disassemble, or otherwise attempt to discover the source code or underlying structure of the Content or the Platform or any associated systems;
frame, mirror, or link to any part of the Content or the Platform without our prior written consent;
use automated scripts, bots, scrapers, data miners, or similar tools to access, monitor, copy, or collect data or content from the Content or the Platform, or to place an undue load on its infrastructure;
attempt to gain unauthorized access to, interfere with, damage, or disrupt any portion of the Content or the Platform, its related systems, servers, or networks;
impersonate any individual or entity, or misrepresent your identity, affiliation, or purpose when accessing or using the Content or the Platform;
use the Content or the Platform for any unlawful purpose or in violation of applicable laws, regulations, or professional standards.

If you print off, copy, or download any part of the Content or the Platform in breach of these Terms, your right to use the Content and the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Content or the Platform, and all rights not expressly granted are reserved by us. Any use of the Content or the Platform not expressly permitted by these Terms is a breach of these Terms and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

Site Monitoring and Enforcement, Suspension, and Termination

We have the right, without provision of notice to you to:

take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Content or the Platform. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using the Content or the Platform; and
terminate or suspend your access to all or part of the Content or the Platform for any or no reason, including, without limitation, any violation of these Terms.

You waive and hold harmless us and our parent, subsidiaries, affiliates, and our and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, and successors from any and all claims resulting from any action taken by us and any of the foregoing parties relating to any, investigations by either us or such parties or by law enforcement authorities.

We may, at any time and for any reason, and with or without prior notice, suspend or terminate your access or any use of the Content or the Platform. Notification of any suspension or termination of your access to the Content or the Platform may be provided through any reasonable means, including through the contact information associated with your account or via the Platform itself. These Terms will remain in effect for as long as you maintain access to or use of the Content or the Platform, regardless of whether you or we initiate termination. Upon termination of your access to the Content or the Platform, we will have no further obligation to provide access or use to the Content or the Platform, except as required to fulfill our legal and professional obligations, including any ongoing access to your personal health information where mandated by applicable law.

Force Majeure

We will not be liable for any delay or failure to perform our obligations under these Terms if such delay or failure results due to causes beyond our reasonable control including, but not limited to, acts of God (e.g., natural disasters), pandemics, war, terrorism, labour disputes, government actions, telecommunications or internet failures, or power outages.

Governing Law and Jurisdiction

The Content, the Platform, the Telehealth Services, and these Terms will be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule and notwithstanding your domicile, residence, or physical location.

Any action or proceeding arising out of or relating to the Content, the Platform, the Telehealth Services, or these Terms will be instituted according to these Terms.

Disputes and Resolution

Good Faith Negotiation. In the event of any dispute, controversy, or claim arising out of or relating to these Terms, the Content, the Platform, or Telehealth Services (a “Dispute”), you and we agree to first attempt to resolve the matter informally and in good faith. Either you or we may initiate this process by providing written notice to the other party, setting out the nature of the Dispute and the relief sought. We will meet (virtually or in person) within 30 days of such notice to attempt resolution or the Dispute.

Mediation. If the Dispute is not resolved through negotiation within 45 days of the initial notice, either you or we may request that the matter be submitted to non-binding mediation administered by a mutually agreed-upon mediator in the Province of British Columbia. We will share the mediator’s fees equally, and each party will bear its own legal costs related to the mediation, unless otherwise agreed in writing.

Arbitration. If the Dispute is not resolved by mediation within 60 days of its commencement, the matter will be referred to and finally resolved by binding arbitration under the rules of the Arbitration Act (British Columbia) or its successor legislation. The arbitration will take place in Vancouver, British Columbia, unless otherwise agreed in writing, in front of a single arbitrator mutually agreed upon by the parties, or, if no agreement is reached, appointed in accordance with the Arbitration Act (British Columbia) or its successor legislation. The language of the arbitration will be English. The arbitrator’s decision will be final and binding on you and us, and judgment on the award may be entered in any court of competent jurisdiction. Unless otherwise required by law, the arbitration proceedings, submissions, evidence, and decisions will remain strictly confidential.

Court Proceedings for Limited Matters. Notwithstanding the above, we may seek interim or injunctive relief in the courts of the Province of British Columbia as to protect intellectual property rights or confidential information, without waiving the obligation to arbitrate other matters.

Class Action Waiver. To the fullest extent permitted by law, you agree that any Dispute will be resolved on an individual basis and not as part of a class, consolidated, or representative action. No arbitration or proceeding will be combined with another without the prior written consent of all parties to the affected arbitration or proceeding.

Severability

If any term or provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

Entire Agreement

The Terms and our Privacy Policy constitute the sole and entire agreement between you and us regarding the Content, the Platform, and the Telehealth Services and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

For any questions, legal notices, or feedback, please contact:

Elix Health Inc.

422 Richards St, Suite 170

Vancouver, BC V6B 2Z4

Email: info@elixhealth.ca

Phone: 237-757-5697

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