TERMS OF USE

Last Updated: November 2025

IMPORTANT NOTICE FOR QUEBEC USERS / AVIS IMPORTANT POUR LES UTILISATEURS DU QUÉBEC:

English: These Terms of Use are also available in Canadian French at url. By accepting these Terms, you agree that they and all related documents are written in English.

Français: Les présentes conditions d’utilisation sont également disponibles en français canadien à l’adresse. En acceptant les présentes conditions, vous convenez qu’elles et tous les documents connexes sont rédigés en anglais.

1. Acceptance of the Terms of Use

These Terms of Use (the “Terms”) are entered into by and between You (“User,” “You,” or “Your”) and Ciba Health Canada Inc. (“Ciba Health,” “Company,” “we,” or “us”). The following terms and conditions govern your access to and use of cibahealth.com (the “Website”) and the Ciba Health mobile application and platform (collectively, the “Services”).

By accessing or using the Services, you accept and agree to be bound and abide by these Terms and our Canadian Privacy Policy. If you do not agree to these Terms, you must not access or use the Services.

Nature of Agreement: These Terms constitute a contract of adhesion. You acknowledge that you have had the opportunity to read and review these Terms in their entirety before accepting them.

2. No Emergency Services

THE SERVICES ARE NOT FOR MEDICAL EMERGENCIES.

IF YOU BELIEVE YOU HAVE A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST HOSPITAL EMERGENCY ROOM IMMEDIATELY. DO NOT RELY ON THE SERVICES FOR ACUTE OR EMERGENCY MEDICAL NEEDS.

3. Medical Disclaimer and Telehealth

A. Scope of Services

Ciba Health provides a technology platform that connects you with independent healthcare providers, including nurse practitioners, dietitians, and health coaches (“Providers”). Ciba Health does not provide medical advice or care itself; the care is provided by the Providers.

B. Provider-Patient Relationship

Use of the Services does not create a provider-patient relationship with Ciba Health, but may create such a relationship with the specific Provider you consult. All Providers are licensed to practice in their respective Canadian provinces or territories.

C. No Guarantee of Prescription

The determination of whether a prescription is appropriate is solely within the professional judgment of the Provider. Providers will not prescribe narcotics or controlled substances via the Services in accordance with Canadian telehealth regulations.

4. Eligibility

By using this Website, you represent and warrant that:

1.     You are a resident of Canada.

2.     You are at least 18 years of age. Our Services are designed exclusively for adults and are not intended for use by individuals under 18 years of age, regardless of the age of majority in your province or territory.

3.     You have the legal capacity to enter into a binding agreement in your province or territory of residence.

5. Privacy and Data Protection

Your privacy is critical to us. Our collection and use of your personal information and Personal Health Information (PHI) are governed by our Privacy Policy, which complies with:

•       Federal: The Personal Information Protection and Electronic Documents Act (PIPEDA).

•       Provincial: Applicable provincial health privacy laws (e.g., Alberta’s Health Information Act and PIPA, Ontario’s PHIPA, British Columbia’s PIPA, Quebec’s Law 25).

By using the Services, you consent to the processing of your data in accordance with the Privacy Policy.

Cross-Border Data Transfer

Your personal information will be processed and stored in Canada and may be accessed from United States, where our service providers may be located. By using the Services, you consent to the transfer of your information to jurisdictions outside your province or territory of residence, which may have different data protection rules. For details on our data handling practices, please refer to our Privacy Policy.

6. Payment, Subscriptions, and Insurance

A. Private Pay Services

Unless explicitly stated otherwise (e.g., through a specific employer program), Ciba Health services are private pay and are NOT covered by provincial government health plans (such as AHCIP, OHIP, MSP, or RAMQ). You are solely responsible for all fees associated with the Services.

B. Subscription Services and Auto-Renewal

If you subscribe to any of our Services on a recurring basis, you authorize us to charge your payment method automatically at the beginning of each billing period until you cancel. You will receive notice of renewal charges in advance as required by applicable law. You may cancel your subscription at any time by contacting us at [email protected] or through app live support. Cancellation will take effect at the end of the current billing period.

C. Private Insurance

Some services may be eligible for reimbursement under private health spending accounts (HSA) or extended health benefits. It is your sole responsibility to verify coverage with your insurance provider. Ciba Health does not guarantee reimbursement.

7. Quebec Consumer Rights

This section applies only to users who reside in the Province of Quebec.

A. Right to Cancel (Consumer Protection Act)

Under Quebec’s Consumer Protection Act, you have the right to cancel this agreement without penalty or obligation:

(a)   Within ten (10) days after the date on which you receive a copy of this agreement; or

(b)   Within seven (7) days after the date on which you first access the Services, if that date is later.

To exercise your right to cancel, you must notify us in writing by email at [email protected] or by mail to Ciba Health, #4560 Enterprise Square Building, 10230 Jasper Avenue, Edmonton, AB T5J 4P6, Canada. Upon valid cancellation, we will refund any amounts you have paid within fifteen (15) days.

B. Contract of Adhesion

You acknowledge that these Terms constitute a contract of adhesion within the meaning of Article 1379 of the Civil Code of Quebec. In the event of any ambiguity, these Terms shall be interpreted in your favour as the adhering party.

C. Language Rights

In accordance with Quebec’s Charter of the French Language, a French version of these Terms is available. You have the right to receive all communications and documents related to the Services in French upon request.

8. Electronic Communications

A. Consent to Electronic Communications

By providing your email address or mobile phone number, you consent to receive electronic communications from Ciba Health, including emails and text messages (SMS), related to your account, your care, appointment reminders, and the Services. Standard message and data rates may apply.

B. Commercial Electronic Messages (CASL Compliance)

In accordance with Canada’s Anti-Spam Legislation (CASL), we will only send you commercial electronic messages (such as newsletters or promotional offers) if you have provided your express consent. You may withdraw your consent at any time by clicking the “unsubscribe” link in any commercial message or by contacting us at [INSERT EMAIL]. Withdrawal of consent for commercial messages will not affect transactional messages related to your care or account.

9. Intellectual Property

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio) are owned by Ciba Health, its licensors, or other providers of such material and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property laws.

10. Prohibited Uses

You agree not to use the Services:

•       In any way that violates any applicable federal, provincial, or local law.

•       To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.

•       To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services.

11. Limitation of Liability

A. For Users Residing Outside Quebec

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CIBA HEALTH, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, 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 (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

B. For Users Residing in Quebec

THE LAWS OF THE PROVINCE OF QUEBEC DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES ARISING FROM THE PROVIDER’S OWN ACT, FOR BODILY OR MORAL INJURY, OR FOR CONSEQUENCES OF GROSS OR INTENTIONAL FAULT. CONSEQUENTLY, THE LIMITATIONS IN SECTION 11(A) DO NOT APPLY TO QUEBEC RESIDENTS FOR THESE SPECIFIC TYPES OF DAMAGES. CIBA HEALTH’S LIABILITY IS LIMITED ONLY TO THE EXTENT PERMITTED BY THE CIVIL CODE OF QUEBEC AND THE CONSUMER PROTECTION ACT.

12. Indemnification

A. For Users Residing Outside Quebec

You agree to defend, indemnify, and hold harmless Ciba Health, its affiliates, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your violation of these Terms or your use of the Services.

B. For Users Residing in Quebec

The indemnification obligations in Section 12(A) do not apply to Quebec residents to the extent they would be prohibited or limited by the Consumer Protection Act or the Civil Code of Quebec. For Quebec residents, indemnification is limited to claims arising from your intentional or grossly negligent acts or your fraudulent misrepresentation.

13. Governing Law and Jurisdiction

A. For Users Residing Outside Quebec

All matters relating to the Services and these Terms shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the courts of Edmonton, Alberta.

B. For Users Residing in Quebec

These Terms are governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein. Any dispute arising out of or related to these Terms shall be submitted to the exclusive jurisdiction of the courts of the district of Montreal, Quebec, or, at your option, the judicial district of your residence in Quebec. No provision of these Terms shall be construed to deprive you of the protection afforded by mandatory provisions of Quebec consumer protection law.

14. Dispute Resolution

Before initiating any legal proceeding, you agree to first contact us at [INSERT EMAIL] to attempt to resolve any dispute informally. We will endeavour to respond within fifteen (15) business days. If a dispute cannot be resolved informally within thirty (30) days, either party may proceed to formal dispute resolution as set out in Section 13.

For complaints regarding the conduct of a healthcare Provider, you may also contact the applicable provincial regulatory college (e.g. College of Dietitians) in the province where the Provider is licensed.

15. Termination

We may terminate or suspend your access to all or part of the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the new Terms on this page with a new “Last Updated” date and, where required by law, by sending you an email notification. Your continued use of the Services after such changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must discontinue use of the Services.

17. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms, and these Terms shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.

18. Contact Information

This website is operated by Ciba Health Canada Inc. If you have any questions about these Terms, please contact us at:

•       Email: [email protected]

•       Mailing Address: Ciba Health, #4560 Enterprise Square Building, 10230 Jasper Avenue, Edmonton, AB T5J 4P6, Canada