Terms & Conditions

The following terms of use (the "Terms of Use") govern your use (the term "use" will mean access or use, as applicable) of: (1) Inkblot Technologies Inc. ("Inkblot", "us" or "we") website located at www.inkblottherapy.com (the "Website"); and (2) all other services provided by Inkblot, as described on the Website ((1) through (2) collectively, the "Platform"). These Terms of Use form an agreement between Inkblot and you. The term "you" refers to the person or entity visiting the Platform, browsing or otherwise using the Platform, or receiving any Services (as hereafter defined). A copy of these Terms of Use may be downloaded, saved and printed for your reference.

BY ACCESSING AND USING THE PLATFORM, YOU ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT ACCESS OR USE THE PLATFORM.

DO NOT USE THE PLATFORM FOR MEDICAL EMERGENCIES OR IF YOU ARE HAVING SUICIDAL THOUGHTS. IF YOU HAVE A MEDICAL EMERGENCY OR ARE CONTEMPLATING HARMING YOURSELF OR OTHERS, YOU SHOULD DISCONTINUE USING THE PLATFORM AND CALL 911 IMMEDIATELY OR ATTEND THE EMERGENCY ROOM OF THE NEAREST HOSPITAL OR HEALTH CENTRE. UNDER NO CIRCUMSTANCES SHOULD YOU ATTEMPT SELF-TREATMENT BASED ON ANY CONTENT (AS HEREAFTER DEFINED).

1. Changes to these Terms of Use and Services

EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, INKBLOT RESERVES THE RIGHT TO CHANGE THESE TERMS OF USE AT ANY TIME WITHOUT NOTICE. YOUR CONTINUED ACCESS TO OR USE OF THE PLATFORM AFTER ANY CHANGES TO THESE TERMS OF USE INDICATES YOUR ACCEPTANCE OF SUCH CHANGES. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE REGULARLY.

INKBLOT RESERVES THE RIGHT TO CHANGE ANY INFORMATION, MATERIAL OR CONTENT (INCLUDING, BUT NOT LIMITED TO, PRICING, FEATURES, THE "LOOK AND FEEL" OF THE WEBSITE AND AVAILABILITY OF SERVICES) CONTAINED ON OR PROVIDED THROUGH THE PLATFORM (THE "CONTENT") AT ANY TIME, AND FROM TIME TO TIME, WITHOUT NOTICE.

2. Use of Services

AS A CONDITION OF YOUR USE OF THE PLATFORM, YOU WARRANT THAT: (1) YOU HAVE REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE; (2) YOU POSSESS THE LEGAL AUTHORITY TO CREATE A BINDING LEGAL OBLIGATION; (3) YOU WILL USE THE PLATFORM IN ACCORDANCE WITH THESE TERMS OF USE; (4) ALL INFORMATION SUPPLIED BY YOU ON THE PLATFORM IS TRUE, ACCURATE, CURRENT AND COMPLETE; AND (5) IF YOU ARE ACCESSING OR USING THE PLATFORM ON BEHALF OF ANOTHER PERSON OR A CORPORATE ENTITY OR OTHER NON-INDIVIDUAL, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THESE TERMS OF USE.

The Platform is provided solely (the "Permitted Use") to: (1) assist you in gathering information about the various services offered by Inkblot through the Platform; (2) if and as permitted by Inkblot and these Terms of Use, enable you to use the Platform and receive any services offered to you through the Platform, including counselling services; (3) if applicable, facilitate any payments from you to Inkblot in respect of your use of the Platform or the receipt of any services through the Platform; and (4) if and as permitted by Inkblot and these Terms of Use, provide feedback and otherwise communicate with Inkblot in connection with any of the foregoing ((1) through (4) collectively, "Services").

The Platform is only intended to assist in addressing those mental health problems listed on our website. Inkblot matches Counsellors (as hereafter defined) with you based on the information provided by you and by them. These Counsellors are only suggestions and Inkblot does not recommend any Counsellors or guarantee their ability to assist you.

You are responsible for the conduct of any session with a Counsellor and the provision of any treatment therein. Inkblot is not liable or responsible for any harm that arises out of or relates to a session you participate in. If you have a complaint against a Counsellor, you can email us at support@inkblottherapy.com and identify the relevant Counsellor. We will direct you to the applicable regulatory authority to assist you in filing your complaint. Alternatively, you can also contact the professional regulatory college(s) in the province(s) where the Mental Health Services (as hereafter defined) were received.

In a professional relationship, sexual intimacy is never appropriate and should be reported to the professional regulatory college(s) that licenses, registers, or certifies the licensee.

The duration of a session shall be presented to you at the time of booking. In scheduling your sessions, you must also comply with our termination policy set out in Section 7 of these Terms of Use, as such policy may be amended by us from time to time. You may end your relationship with a Counsellor at any time, subject to our termination policy. You agree that you may interact with your Counsellor through the Platform and in person. A Counsellor is obligated to inform us if you wish to visit them in person or through other means. You expressly acknowledge and consent to the disclosure by the Counsellor to us of such information.

Inkblot does not mandate any specific treatment method nor do we recommend any procedure over another. This decision is solely based on the discretion of your Counsellor.

If you and your Counsellors decide to engage in any couple or group therapy, you agree that that the information discussed in the applicable group sessions are confidential and shall not be utilized by you in any legal proceedings. You agree not to involve any Counsellors, other Users of the Platform, or Inkblot to testify in any court for any of the parties involved in the group therapy.

You agree that you will not use the Services for any unlawful purpose or in any way that interrupts, damages, impairs or renders the Services less efficient or inefficient; use the Services to transfer files that contain viruses, trojans, logic bombs, worms, corrupted data or other harmful programs or malicious software; access or attempt to access the accounts of other users of the Services; to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; penetrate or attempt to penetrate any security measures; to conduct or promote any illegal activities; to upload, distribute or print anything that may be harmful to minors; to disseminate any content which is defamatory, false or inaccurate or becomes false or inaccurate at any time, obscene, indecent, seditious, offensive, pornographic, abusive, discriminatory, menacing, scandalous, inflammatory, in breach of confidence, in breach of privacy, or may have the effect of being harassing, threatening, or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or otherwise; to post or transmit material for which you have not obtained all necessary licenses and/or approvals; to misrepresent your identity in any way; to post or transmit material which constitutes or encourages conduct that would be considered a criminal offense, gives rise to civil liability, or otherwise be contrary to the law or infringe the rights of any third party; to advertise or promote third party or your own products or services; to generate spam, unsolicited e-mail advertisements, junk mail, chain letters, or otherwise duplicative messages; to stalk, harass, harm or threaten harm on another individual; engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services; license, sell, rent, lease, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit the Services or make the Services available to any unauthorized third party; modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; or access the Services in order to build a similar or competitive product or service.

You agree to refrain from doing anything which is fraudulent, negligent or which we reasonably believe to be disreputable or capable of damaging Inkblot’s reputation.

You acknowledge that we have limited control over the nature and content of information transmitted or received by you or other users of the Platform and Services including, but not limited to, any content provided by Counsellors. Although we reserve the right to do so, we do not monitor such content in the usual course of business and will not be liable for any such content. If you have a complaint about another user or a Counsellor please contact us at support@inkblottherapy.com.

Inkblot retains the right, at its sole discretion, to deny access to anyone to the Platform or the Services, at any time and for any reason, including, but not limited to, for violation of these Terms of Use. You will cease and desist from any such access or use immediately upon request by Inkblot.

3. Counselling Services

The Services, as permitted by Inkblot and these Terms of Use, enable you to use the Platform to obtain on-demand access to mental health counsellors ("Counsellors") and support staff ("Support Staff") by secure text and video for mental health consultations, and to receive related administrative support services via online communication tools (as a subset of the Services, "Mental Health Services" and "Support Services", respectively). All Counsellors are independent of Inkblot and are solely responsible for the provision of Mental Health Services to you. All Support Staff are employees of Inkblot and only provide Support Services that do not fall within the scope of practice of any regulated health profession. Inkblot is not engaged in the practice of medicine or any other regulated health profession. Neither Inkblot nor any other party associated with Inkblot is liable for any Mental Health Services provided to you by Counsellors. None of the Content is medical advice or an endorsement, representation or warranty regarding the safety, appropriateness or effectiveness of any particular treatment or medication for you.

FOR GREATER CLARITY, INKBLOT IS NOT A PROVIDER OF TELEMEDICINE OR TELEMEDICINE SERVICES. INKBLOT DOES NOT PROVIDE HEALTH CARE SERVICES, MENTAL HEALTH SERVICES OR SOCIAL OR PSYCHOTHERAPY SERVICES, OR ANY OTHER PROFESSIONAL SERVICES. Inkblot is simply a technology service provider that facilitates the Services through the Platform.

Your medical care and your mental health care are solely the responsibility of you and your Counsellor(s).

While the Platform and the Services may provide access to certain general medical information, the Platform and the Services cannot and are not intended to provide medical advice. We advise you to always seek the advice of a physician or other regulated health professional with any questions regarding your personal health or medical conditions. Never disregard, avoid, or delay in obtaining medical advice from your physician or other regulated health professional because of something you have read on the Platform. If you have or suspect that you have a medical problem or condition, please contact a physician or other regulated health professional immediately.

COUNSELLORS ARE NOT THE EMPLOYEES OR AGENTS OF INKBLOT AND ARE NOT CREDENTIALED BY INKBLOT. INKBLOT DOES NOT HAVE ANY OVERSIGHT OF THE CARE PROVIDED TO YOU BY COUNSELLORS. Each Counsellor is an independent practitioner who is solely responsible for any Mental Health Services provided by them to you, and is also solely responsible for obtaining your informed consent, where required, to any medical treatment, including without limitation, your consent to use the Services, to the extent such consent is required by applicable provincial/territorial legislation.

Under the Services, mental health care services or social or psychotherapy services are provided exclusively by Counsellors. Inkblot supports Counsellors by providing them with a license to use our intellectual property rights. However, exclusive control and responsibility for the delivery of mental health care services or social or psychotherapy services is reserved to Counsellors.

All Counsellors available through the Platform self-identify the areas in which they are competent and represent that they are permitted to provide services in such areas and are a member in good standing with the regulatory college of their jurisdiction. Inkblot requires Counsellors to represent and warrant that that they are in good standing with their respective regulatory college and to immediately apprise Inkblot of any changes to such status. Although Inkblot interviews Counsellors, we have no means to guarantee that such Counsellors specialize in their claimed fields. While we do our best to ensure the qualifications of Counsellors who deliver Mental Health Services on the Platform, you agree that Inkblot shall not be liable for the quality of the service provided by Providers.

Inkblot conducts limited credential checks and other verifications of Counsellors and the information they have provided to Inkblot. However, Inkblot is not responsible for credentialing Counsellors, makes no representation regarding the accuracy of Counsellors’ credentials, and expressly disclaims any liability for fraudulent credentials or claims by Counsellors. In addition, changes in your Counsellor’s professional status may be made after we perform an initial credential check. We recommend that you separately confirm that your Counsellor is in good standing with his or her respective regulatory college.

Unless otherwise agreed by Inkblot, the Services described in these Terms of Use are solely offered within Canada.

4. Consent to Counselling and Collection, Use and Disclosure of Personal Information

By accessing and using the Platform to receive Services via the use of online communication tools such as secure text and video, you consent to be consulted by one or more Counsellors or Support Staff. Counsellors may ask you questions about your personal health history, present condition or symptoms, and any course of treatment or medication that has been prescribed to you. Support Staff only provide Support Services that are informational in nature. You may withdraw your consent to receive Mental Health Services or Support Services at any time by ending your communication with the Counsellor or Support Staff.

Neither the Mental Health Services provided by Counsellors nor the Support Services provided by Support Staff are intended to replace your primary care relationship with your family physician or other primary care health professional. You should continue to consult your family physician or other primary care health professional regularly or as needed or recommended by them.

You are encouraged to ask questions of the Counsellors regarding any part of the session that is conducted or recommended to you, all of which should be answered to your satisfaction. If you are not satisfied with the explanation or information provided by the Counsellors regarding any session that is conducted or recommended for you, you should not continue it or you should seek a second opinion from a health professional that is not affiliated with Inkblot. You have the right to refuse or withdraw consent at any time.

In addition to the material risks that may be associated with a counselling session, there are potential material risks that are specifically associated with using online communication tools and which may adversely impact the ability of the Counsellors and Support Staff to provide Services, including but not limited to (a) poor quality audio-video connections due to remote locations or other network limitations that may limit the ability of the Counsellors to appropriately conduct the session or otherwise obtain sufficient personal information from you to properly conduct the session, (b) delays in evaluation or treatment resulting from similar technology failures, (c) lack of access to your personal health records maintained outside the Platform (i.e., by your family physician or other primary care health professional), which may result in judgment errors, and (d) unauthorized collection, use or disclosure of your personal information due to a security protocol breach or failure.

INKBLOT SHALL NOT HAVE ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR INTERACTION OR RELATIONSHIP WITH COUNSELLORS EXCEPT AS MAY BE EXPLICITLY PROVIDED HEREIN.

You acknowledge that Inkblot is only responsible for providing the software required for the transmission of personal information through the Platform and, in light of the foregoing, Inkblot cannot be responsible for other purposes for which the Platform is used by Counsellors, nor for the privacy practices of Counsellors. You acknowledge and agree that Inkblot is not responsible for a breach of your personal information if you use the Platform in a public or unsecure environment where a session may be viewed or overheard (e.g. coffee shop, Internet café) and such personal information is overheard by others in your vicinity.

You acknowledge and agree that Inkblot is not responsible and shall not be liable for the disclosure of your personal information and confidential data by the Counsellors. You acknowledge and agree that we are not responsible for the behavior, actions or inactions of Counsellors.

Inkblot disclaims any and all liability related to your interaction with Counsellors whether or not such interaction occurs on the Platform or elsewhere.

By consenting to receive Services using the Platform, you consent to these inherent material risks. By providing or uploading any of your personal information to the Platform, Counsellors or Support Staff, you are consenting to the collection, use and disclosure of your personal information for the purposes of providing Mental Health Services and Support Services to you and for purposes that are consistent with those purposes. Only the Counsellors and Support Staff will have access to your personal information and neither Inkblot nor any other party associated with Inkblot will disclose your personal information to any third party except as may be required by law or as set forth in our Privacy Policy. Your personal information will be securely and digitally stored on servers physically located in Canada. Although Inkblot uses advanced encryption technology and other security protocols to protect your personal information and the privacy of your online consultations with Counsellors and Support Staff, you acknowledge by using the Platform that there are inherent risks to any technology, however remote, that could cause security protocols to fail or be breached, which could result in the unauthorized collection, use or disclosure of your personal information. Inkblot will notify you to the extent required by law of any security protocol failure or breach that has resulted in in the unauthorized collection, use or disclosure of your personal information. We will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you make available to us through the Internet, or that you expressly or implicitly authorize us to make, or for any errors or any changes made to any transmitted information.

For further information regarding Inkblot’s privacy policy, please see the section below entitled "Privacy Policy" and the embedded link to Inkblot’s Privacy Policy. The terms of the Privacy Policy are incorporated into, and considered a part of, this agreement.

We may disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. You consent to such disclosure of information without further notice to you.

5. License Grants

Subject to these Terms of Use, Inkblot grants you a personal, revocable, non-exclusive and non- transferable license during the Term to permit you to use the Platform, in accordance with these Terms of Use.

Subject to these Terms of Use, you grant to Inkblot a perpetual, transferrable, irrevocable, royalty-free, fully paid-up, worldwide and fully sub-licensable license to access, collect, store and use any data, information, records and files that: (1) you load, transmit to or enter into the Platform, or (2) Inkblot or the Platform collects, retrieves or obtains from your local computer system or from third parties with your permission or on your behalf, and (in each case) including all results from processing such data, including compilations and derivative works thereof (collectively, the "User Content") including for the purpose of: (A) providing the Services, (B) complying with applicable law, and (C) Inkblot’s reasonable audit and data retention policies.

6. User Account

You may be required to successfully sign up for a user account (the "User Account") using the available interfaces on the Platform and be provided with a username and password login credentials by Inkblot ("User ID") in order to use the Platform and receive any Services. If you are provided with a User ID, you will keep your User ID secure and will not share your User ID with anyone else, and you will not collect or harvest any personal data of any other user of Inkblot, including account names or login credentials. Inkblot reserves the right to disable any User Account issued to you at any time in Inkblot’s sole discretion. If Inkblot disables access to a User Account issued to you, you may be prevented from accessing the Platform, the Content, your account details and/or any User Content.

You agree to provide true, current, complete and accurate information as requested on any registration form to which the Platform may direct you, and to update that registration information as soon as possible after any information on such registration form changes.

The Services are also available for use by children at the discretion of the Counsellors or Support Staff, but the User Account and User ID, for all patients under the age of 14 ("minors") must be the patient’s parent or legal guardian and must be present at all sessions. If you register as the parent or legal guardian on behalf of a minor, you are fully responsible for complying with these Terms of Use. The Terms of Use set out above under "Consent to Counselling, Use and Disclosure of Personal Information" apply to minors who access the Platform and receive Services with necessary changes to points of detail. Minors may only use the Platform and/or receive Services in the presence of their parent or legal guardian.

7. Term and Termination

These Terms of Use will commence on the day you first use the Platform and will continue in force until terminated by either party as described below (the "Term"). Either party may terminate these Terms of Use as follows: (1) Inkblot may terminate these Terms of Use at any time and with immediate effect by giving notice to you, at Inkblot’s discretion, by email (at your current email address on file with Inkblot) or through the Platform; and (2) you may terminate these Terms of Use at any time and with immediate effect by requesting (by email or through any then-available interfaces on the Platform) that your User Account be deleted or deactivated, ceasing use of the Platform and uninstalling and removing all local software components thereof from your systems.

We are not liable to you or any other party for any termination of your User Account or access to the Platform. Termination of your User Account will not modify, change or void any payment obligations you may have incurred through your use of the Platform, whether such obligations is to us, a Counsellor or a third party.

We reserve the right (but have no obligation under these Terms of Use) to investigate and/or take appropriate action, including legal action, in our sole discretion against you if you violate any Terms of Use, including suspending or terminating your User Account and/or reporting you to law enforcement authorities.

We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Platform. You waive and hold harmless Inkblot from any claims resulting from any actions taken by Inkblot during or as a result of its investigations and from any actions taken as a consequence of investigations by either Inkblot or law enforcement authorities.

8. Cancellation and Refund Policy

By booking a session through the Platform, you agree that you will be responsible for the full amount of any missed session fee as described in our cancellation policy.

We require at least eight hours notice prior to cancelling your appointment. You will lose one credit every two times you cancel late or miss an appointment.

If the Counsellor is more than 15 minutes late for a session, you have the right to request a full refund of the scheduled service. You agree that such refund will only occur if you terminate the session and that by proceeding with a late session you agree to forego any refund.

In the event of an emergency requiring cancellation of a session, please email us at support@inkblottherapy.com with the subject "Emergency Cancellation".

9. Fees and Taxes

Inkblot may, in its sole discretion, offer some of the Services to you for free or charge fees in accordance with its then-current fee schedule that can be found on the Website and is subject to change, from time to time (the "Fee Schedule"). You or a responsible third party will pay any such applicable fees in accordance with the Fee Schedule (the "Fees"). Unless otherwise expressly indicated in the Fee Schedule, all Fees are quoted in Canadian dollars exclusive of applicable sales and value added taxes and are non-refundable and payable upon invoicing or demand from Inkblot. You or a responsible third party will pay all sales and value added taxes that may be imposed in each applicable jurisdiction and will hold and save Inkblot harmless in respect of any such taxes.

If a third party (e.g., such as an employer or supplemental health insurance provider) has arranged with Inkblot to pay the fee or any portion of the fee, or if the fee is pursuant to some other arrangement with Inkblot, that fee adjustment will be reflected in the fee that you are ultimately charged. If you have a Health Spending Account ("HSA") offered as a benefit by your employer, you agree to pay all fees or charges to your HAS Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Please check with your employer to determine if any Services will be reimbursed other than from your HSA. Inkblot reserves the right to modify or implement a new pricing structure at any time prior to billing you or a responsible third party for your initial payment or for future payments due pursuant to these Terms of Use. Inkblot may require you to provide and keep updated during the Term the details of a current and valid credit card, debit card, PayPal account, Apple Pay, or other payment method ("Payment Method") that is acceptable to Inkblot in its sole discretion. You hereby authorize Inkblot to charge any and all Fees that become due and payable to the Payment Method. You agree to pay such fees, charges and penalties (including costs and expenses related to collection by Inkblot of overdue payments) as Inkblot may from time to time set out on the Platform in respect of late or overdue payments, or declined or unsuccessful Payment Method transactions.

In engaging our Services you may be sent text message(s), e-mails and/or push notifications which provide you with important and useful information regarding our Services. You will be charged your mobile telephone network provider’s standard rate for receiving these SMS messages and standard wireless and data charges will apply to any e-mails or push notifications. Inkblot does not charge you for this correspondence. Your mobile telephone network provider may impose message, standard wireless and/or data charges or charge limitations which are beyond our control and for which you will be solely responsible.

By engaging our Services, including registering for a User Account, you agree to receive e-mails and push notifications relating to our Services. If you consent during registration, you also agree to receive text messages.

You warrant that you are the owner of the mobile telephone to which you have requested the SMS message(s), e-mails and push notifications should be sent to and that you have full authority to authorize such charges and will be solely responsible for charges, if any, to be incurred by the relevant mobile telephone network provider.

We are not liable for any delays or failures in your receipt of any SMS message(s), e-mails or push notifications as delivery is subject to effective transmission from your mobile telephone network provider and processing by your mobile telephone device.

We reserve the right to suspend or terminate the SMS service without notice to you.

10. Submissions

Other than personally identifiable information, which is covered under our Privacy Policy, any material you post, submit, publish, display or transmit concerning the Services and through the Platform shall be considered non-confidential and non-proprietary. You represent and warrant that such material complies with these Terms of Use, and you agree to defend, indemnify and hold harmless Inkblot and its affiliates and licensors for any breach of that representation and warranty. You acknowledge and understand that you are responsible for any such material, and you, not Inkblot, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. Inkblot shall have no obligations with respect to such material. Inkblot and its designees shall be free to copy, disseminate, disclose, distribute, publicly display, reproduce, use, sublicense, post, publish, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes, without compensation to you. In the event that you provide us with any ideas, thoughts, criticisms, suggested improvements or other feedback (collectively, "Feedback"), you agree that we may use the Feedback to modify our Services and Platform and that you will not be due any compensation, including without limitation any royalty related to the product or service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Website or through other methods of communication with us, unless we have entered into a separate agreement with you that provides otherwise

11. Ownership

All Content, including, without limitation, all designs, infrastructure, graphics, pictures, illustrations, software, artwork, video, music, sound, names, words, titles, phrases, logos and marks displayed on the Platform are owned or licensed by Inkblot and are protected by copyright, trade-mark and other intellectual property laws.

Your use of Inkblot, the Platform and Services grants you no rights with respect to our intellectual property rights (including, without limitation, copyright, trademarks, trade names (including "Inkblot", etc.), logos, graphics, photographs, animations, videos and text or rights in and to the Inkblot software, applications and the Platform) or the intellectual property of our retail or advertising partners, other than the non-transferable, personal right to use and receive the Services in accordance with these Terms of Use. The Content on the Platform and Services, including the text, software, scripts, graphics, photos, sounds, music, videos and interactive features and the trademarks, trade names, service marks and logos contained therein (collectively, "Marks"), are owned by or licensed to Inkblot, subject to copyright and other intellectual property rights under Canadian law and international conventions. Content on the Platform and Services is provided to you as is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purposes whatsoever without prior written consent and/or payment of the applicable licence fee to the owners.

Inkblot expressly reserves all rights in the Platform, the Services and all materials provided by Inkblot in connection with these Terms of Use that are not specifically and expressly granted to you. You acknowledge that all right, title and interest in the Platform, all materials provided by Inkblot in connection with these Terms of Use (including the Content), and any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein, will remain with Inkblot (or third party suppliers, if applicable), and that the Platform and Services and all materials provided by Inkblot hereunder are licensed, and not sold, to you. You agree not to engage in the use, copying, or distribution of any content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Platform and Services or features that prevent or restrict use or copying of any content or enforce limitations on use of the Platform and Services or the Content therein.

12. Privacy Policy

Please take time to review our current Privacy Policy, available here, which contains important information about our practices in collecting, storing, using and disclosing your personal information, and which is hereby incorporated into and forms a part of these Terms of Use.

13. No Unlawful or Prohibited Use

You will not, without Inkblot’s prior written permission, use the Platform, the Services and/or the Content for purposes other than the Permitted Use. Without limiting the generality of the foregoing, you will not, and will not permit anyone else to: (1) frame, mirror or otherwise incorporate the Platform, the Services and the Content or any part thereof on any commercial or non-commercial website; (2) access, monitor, record or copy any part of the Platform, the Services and the Content including, but not limited to, any sessions with Counsellors, using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (3) violate the restrictions in any robot exclusion headers on the Platform, the Services and the Content or bypass or circumvent other measures employed to prevent or limit access to the Platform; (4) take any action that imposes, or may impose, in Inkblot’s sole and absolute discretion, an unreasonable or disproportionately large load on the Platform; (5) deep-link to any portion of the Platform for any purpose; (6) remove (or permit anyone else to remove) any watermarks, labels or other legal or proprietary notices included in the Platform, the Services and the Content; (7) modify or attempt to modify (or permit anyone else to modify or attempt to modify) the Platform, the Services and the Content, including any modification for the purpose of disguising or changing any indications of the ownership or source of the Platform, the Services and the Content; (8) use the Platform, the Services and the Content as part of any service for sharing, lending or multi-person use, or for the purpose of any other institution, except as specifically permitted by Inkblot and only in the exact manner specified and enabled by Inkblot; (9) attempt to, assist, authorise or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect the Platform, the Services and the Content; (10) copy, reproduce, modify, distribute, transfer, sell, publish, broadcast, perform, transmit, publish, license or circulate in any form any part of the Platform, the Services and the Content; (11) create derivative works based on the Platform, the Services and the Content, in whole or in part, or to decompile, disassemble, reverse engineer or other exploit any part of the Platform or the Content; (12) use the Platform, the Services and the Content in a manner that violates the rights (including to intellectual property rights) of any third party, including by providing, uploading or transmitting any User the Platform, the Services, the Content or Feedback that violate such third-party rights; (13) upload to or transmit through the Platform any User Content or Feedback that is offensive, hateful, obscene, defamatory or violates any applicable laws, in each case as determined by Inkblot in its sole discretion; (14) use any recording device or software when using the Platform, the Services and the Content; and (15) attempt to impose any charges associated with bandwidth or data in using the Platform, the Services and the Content onto Inkblot.

You may download, print and reproduce the Content for your own non-commercial, informational purposes provided you agree to maintain any and all copyright or other proprietary notices contained in such Content, and to cite the URL Source of such Content. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of Inkblot. To obtain written consent for such reproduction, please contact us at support@inkblottherapy.com.

14. Third Party Websites

The Platform may provide links to third party websites. Inkblot does not endorse the information contained on those websites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked web site is not under Inkblot’s control, and if you choose to access any such web site, you do so entirely at your own risk. By accessing and using the Platform, the Services and the Content, you expressly release and discharge us from any and all liability arising from your use of any third party website.

15. Viruses

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, virus, or other technologically harmful material that may infect your computer equipment, mobile device, computer programs, data, or other proprietary material due to your use of the Platform or any services obtained through the Platform or to your downloading of any material posted on the Platform, or any website linked to it.

Your use of the Platform, its content and any services obtained through the Platform is at your own risk. The Platform, its content and any services obtained through the Platform are provided by Inkblot on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither Inkblot nor any person associated with Inkblot makes any warranties, guarantees or representations with respect to the completeness, security, reliability, timeliness, quality, suitability, accuracy or availability of the Platform, the Services and the Content.

16. Communications Not Confidential or Secure

Inkblot does not guarantee the confidentiality of any communications made by you through the Platform and Services. Although Inkblot generally adheres to accepted industry practices in securing the transmission of data to, from and through the Platform, you understand, agree and acknowledge that Inkblot cannot and does not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Platform.

You are responsible for ensuring that all persons who access Inkblot through your Wi-Fi or internet connection are aware of these Terms of Use, and that they comply with them. In the event that someone accesses the Platform, the Services and the Content using your User Account information, we will rely on that information and will assume that it is really you or your representative who is accessing the Platform. You are solely responsible for any and all use of your User Account information and all activities that arise in connection with the User Account. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as deemed necessary or reasonable, to ensure the security of our Platform and your User Account, including, without limitation, terminating your User Account, changing your password, or requesting additional information to authorize transactions on your User Account. You agree to be responsible for any act or omission of any users that access the Platform, the Services and the Content under your User Account information that, if undertaken by you, would be deemed a violation of these Terms of Use. In no event and under no circumstances will Inkblot be held liable to you for any liabilities or damages resulting from or arising out of: (i) any action or inaction of Inkblot under this provision; (ii) any compromise of the confidentiality of your User Account or password; or (iii) any unauthorized access to your User Account or use of your password. You may not use another’s User Account at any time, without the permission of the User Account holder. Please contact us immediately if you suspect or become aware of any unauthorized use of your user name, password or User Account or any other breach of security.

17. Disclaimer and Limitation of Liability

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES OR LIMITATIONS OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

ALTHOUGH WE STRIVE TO UPDATE AND KEEP ACCURATE AS MUCH AS POSSIBLE THE CONTENT CONTAINED ON THE platform, ERRORS AND/OR OMISSIONS MAY OCCUR. ACCORDINGLY, THE PLATFORM AND THE CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. USE OF THE PLATFORM OR THE CONTENT IS entirely AT YOUR OWN RISK. INKBLOT DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE PLATFORM, THE CONTENT or the services (including, for greater certainty, any MENTAL HEALTH services provided by counsellors via the platform). THE PLATFORM, THE CONTENT or the services (including, for greater certainty, any MENTAL HEALTH services provided by counsellors via the platform) MAY INCLUDE ERRORS, OMISSIONS AND INACCURACIES, INCLUDING, WITHOUT LIMITAtiON, PRICING ERRORS. INKBLOT DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE PLATFORM, THE CONTENT or the services (including, for greater certainty, any MENTAL HEALTH services provided by counsellors via the platform). IN ADDITION, INKBLOT EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON THE PLATFORM. INKBLOT MAKES NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC SERVICES.

TO THE FULLEST EXTENT PERMITTED BY LAW, INKBLOT DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE PLATFORM, THE CONTENT or the services (including, for greater certainty, any MENTAL HEALTH services provided by counsellors via the platform), WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, THAT ARISE OUT OF A COURSE OF DEALING OR TRADE, OR THAT THE PLATFORM, THE CONTENT or the services (including, for greater certainty, any MENTAL HEALTH services provided by counsellors via the platform) ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL INKBLOT BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT INKBLOT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE PLATFORM, THE CONTENT or the services (including, for greater certainty, any MENTAL HEALTH services provided by counsellors via the platform).

You acknowledge and agree that Inkblot is not licensed to provide treatment or other medical services. You acknowledge and agree that Inkblot is not providing any services beyond connecting you with a Counsellor through the Platform and is not providing you any medical advice or diagnosis. The Platform and/or the Services provided through the Platform and Counsellors is not a substitute for medical advice or treatment, including face-to-face counselling. You acknowledges and agree that the Counsellors using the Platform are solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all counselling services, advice, instructions, treatment decisions, and other professional mental health care services performed, and that all other professional mental health care services will be provided and performed exclusively by or under the supervision of Counsellors, in their sole discretion, as they deem appropriate. Any dispute between you and a Counsellor is strictly between you and such Counsellor, and you agree and acknowledge that Inkblot will not be accountable for any such disputes or other complaints.

You agree that while Inkblot does not monitor the Platform and has no responsibility to do so, Inkblot may use your IP address and contact police in situations where it determines in its sole discretion that your use of the Platform constitutes a significant risk of serious bodily harm to you or others. TO THE EXTENT THAT THE FOREGOING LIMITATION DOES NOT APPLY, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF INKBLOT IN CONNECTION WITH OR UNDER THESE TERMS OF USE OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE PLATFORM, THE CONTENT or the services (including, for greater certainty, any MENTAL HEALTH services provided by counsellors via the platform), OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF, OR INABILITY TO MAKE USE OF, THE PLATFORM, THE CONTENT or the services (including, for greater certainty, any MENTAL HEALTH services provided by counsellors via the platform) EXCEED THE AGGREGATE AMOUNT OF THE FEES PAID BY YOU six (6) months immediately preceding such claim. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF USE WILL NOT INCREASE THE MAXIMUM LIABILITY AMOUNT. The limitation above reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.

Inkblot does not represent that it is covered by any insurance.

18. Indemnification

You covenant and agree to compensate, defend, and fully indemnify and hold harmless Inkblot, its parents, subsidiaries, affiliates, any related companies, its licensors and their respective officers, directors, employees, shareholders, members, attorneys, contractors, agents, licensors, and suppliers from and against any and all claims, legal proceedings, liabilities, damages, judgments, awards, losses, costs, and expenses or fees (including reasonable attorneys’ fees and costs), including but not limited to those arising out of or in connection with:

Your violation or breach of any of these Terms of Use or your use of the Platform, including, without limitation, any use of Content and/or Services other than as expressly authorized in these Terms of Use or your use of any information obtained from the Platform; Your violation of any applicable law or the rights of a third party (including intellectual property rights);
Any dispute that arises between you and any individual including, without limitation, a Counsellor;
Any infringement by you in relation to your use of the Services under applicable law in your home nation or the country, state and/or city in which you are using, or have used, the Services or otherwise as a result of your fraud, negligence, mischief or willful misconduct;
The actions, inactions, errors, omissions, representations, warranties, breaches or negligence of any Counsellors or Support Staff or for any personal injuries, death or other damages or expenses resulted therefrom;
Indirect losses, which means loss to you which is a side effect of the main loss or damage and where you and Inkblot could not have reasonably anticipated that type of loss arising at the time of entering into these Terms of Use;
Delay, cancellation or failure that is due to events beyond Inkblot’s control (e.g., a network failure, internet delays, rerouting, acts of any government or authority, acts of nature, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, weather, or road conditions and breakdowns); and
If for any reason, all or any part of the Platform is unavailable at any time or for any period. In particular, you agree to indemnify and hold harmless Inkblot, its affiliates, members, officers, employees, agents, sponsors, and licensors for any injury, including but not limited to bodily harm or death, to you or any third party that may result, directly or indirectly, from the use of or reliance on any Content, the Platform or the Services (including, for greater certainty, any services provided by Counsellors via the Platform).
You further agree not to settle any such matter without Inkblot’s prior written consent.

19. Release

You hereby release Inkblot, its officers, employees, shareholders, agents and successors from any and all claims, demands, losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of any Inkblot users, Counsellors, or third-party websites.

20. Geographic Application of the Platform

Not all of the products and services described on the Platform are available in all jurisdictions. Furthermore, nothing on the Platform constitutes an offer or solicitation to buy or sell any product or service to anyone in any jurisdiction in which such an offer or solicitation is prohibited by law. Specifically, you acknowledge and agree that the products, services and/or material described on the Platform or the Services available through the Platform, are not appropriate or available for use in locations outside Canada, and may not function in all locations within Canada.

21. Governing Law and Jurisdiction

You hereby agree that (a) all aspects of the relationship between you and Inkblot (as well as its agents, delegates, employees, and any Counsellors or Support Staff), including without limitation any Services provided to you, and (b) the resolution of any and all disputes arising from or in connection with that relationship, including any disputes arising under or in connection with these Terms of Use, shall be governed by and construed in accordance with the laws of the Province of Ontario (other than conflict of laws rules) and the federal laws of Canada applicable therein, without regard to the choice or conflicts of law rules. Any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Services shall be subject to the exclusive jurisdiction of the provincial and federal courts located in the Province of Ontario with the exception that Inkblot may seek relief in any court of competent jurisdiction to protect or enforce its intellectual property and propriety rights. You irrevocably consent to the jurisdiction of and venue in such courts (and of the appropriate appellate courts therefrom) and irrevocably waive, to the fullest extent permitted by law, any objection that you may have now or hereafter as to inconvenient forum.

These laws apply to your access to or use of the Platform, the Content and the Services, notwithstanding your domicile, residency or physical location. The Platform, the Content and the Services are intended for use only in jurisdictions where they may be lawfully offered for use. These Terms of Use shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, which is expressly excluded and you also expressly agree to exclude the applicability of the Uniform Computer Information Transactions Act. You agree that you will only sue us as an individual. You agree that you will not file a class action, or participate in a class action.

22. General

These Terms of Use (including the Privacy Policy incorporated by reference herein) constitute the entire agreement between Inkblot and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Inkblot with respect to the Platform, the Services and the Content. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Inkblot may wish to transfer our rights or obligations or sub-contract our obligations under these Terms of Use to another legal entity. You agree that we may do so provided that this will not adversely affect the standard or service you receive under these Terms of Use. As set out in Section 7 of these Terms of Use, you may terminate your agreement with us at any time. These Terms of Use are personal to you. You may not transfer your rights or obligations under these Terms of Use to anyone else.

If you breach these Terms and we take no action against you, we will still be entitled to use our rights and remedies in any situation where you breach these Terms of Use. The failure of Inkblot to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision.

You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder.

If any of the provisions contained in these Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination will not affect the remaining provisions contained herein.

Headings are inserted for convenience of reference only and will not affect the construction or interpretation of these Terms of Use. The word "including" or "includes" means "including (or includes) without limitation".

These Terms are not intended to give rights to anyone except you and us.

We are constantly looking for ways to improve and expand the Services. We may, in our sole discretion, amend or modify these Terms of Use from time to time. It is your responsibility to check these

Terms of Use, as they are binding on you. Your continued use of the Platform following the posting of changes to these Terms of Use constitutes acceptance of any changes. You can terminate at any time as set out above.

No joint venture, partnership, employment or agency relationship exists between you, the Company or any third party provider as a result of this Agreement or use of the Services.

You agree that it is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. Vous êtes d'accord que c’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.