TERMS OF USE

Last updated January 01, 2025

ACCEPTANCE OF TERMS
The following terms and conditions govern all use of the website and the services available from Interactive Health International (IHI) while using any product under their administration, including but not limited to CyberPatient (taken together, the Service). The Service is operated by Interactive Health International (the Service Provider) on behalf of Subscribing Institutions and Individual Licensees (Authorized Users). The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein (the Terms of Use) and all other operating rules, policies and procedures that may be published from time to time on this Site by the Service provider. The Service is available only to individual subscribers or individuals affiliated with the Subscribing Institutions, including staff, faculty and students, as applicable (Authorized Users).

MODIFICATION OF TERMS OF USE

The Service Provider reserves the right, at its sole discretion, to modify or replace any of the Terms of Use at any time. It is the responsibility of Authorized Users to check the Terms of Use periodically for changes. Continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

RULES AND CONDUCT

As a condition of use, Authorized Users promise not to use the Service for any purpose that is prohibited by the Terms of Use. For purposes of the Terms of Use, “Content” includes, without limitation, any information, data, text, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by/through the Service for purposes of teaching, learning, and digital preservation.

By way of example, and not as a limitation, Authorized Users shall not (or permit others to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content using any communications service or other service available on or through the Service, that:

• infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
• constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
• contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of the Service Provider or any third party.

Additionally, Authorized Users shall not: (i) take any action that imposes or may impose (as determined by the Service Provider in its sole discretion) an unreasonable or disproportionately large load on the infrastructure managed by the Service provider; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (iii) bypass any measures the Service Provider may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service).

You shall abide by all applicable local, provincial, national and international laws and regulations.

REGISTRATION

As a condition to using the Services, Authorized Users are required to register with the Site and select a password and login name. You shall provide the Service Provider with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your CyberPatient account. You shall not (i) select or use as a login name a name of another person with the intent to impersonate that person; or (ii) use as a login name a name subject to any rights of a person other than you without appropriate authorization. The Service provider reserves the right to refuse registration of, or cancel a login name, in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password. You shall never use another user’s account without such other user’s express permission. You will immediately notify the Service provider in writing of any unauthorized use of your account, or other account-related security breach of which you are aware.

USER-PROVIDED CONTENT AND LINKS

The Service enables Authorized Users to share links and provide supporting information (hereafter, “User Contributions”) within designated areas of the platform. These User Contributions may include references, commentary, or supplementary material intended to enhance the learning experience. However, at this stage, such content does not directly integrate into or modify the core CyberPatient system or its official educational modules.

The Service may provide features for displaying or organizing these contributions in private or shared views, but does not offer full upload or data persistence functionality. CyberPatient is not responsible for the accuracy, integrity, or availability of User Contributions, and reserves the right to moderate, remove, or restrict content that is deemed inappropriate, inaccurate, or contrary to the educational mission of the Service.

CyberPatient will not be liable for any loss or damage to User Contributions resulting from actions by Authorized Users, including but not limited to accidental deletions, misplacement of links, or improper sharing.

By sharing information or links through the Service, Authorized Users represent and warrant that:

• They have the right to share the content;
• The content is not defamatory, infringing, or illegal;
• The contribution aligns with the intended educational use of the platform.

USER CONTRIBUTIONS AND CONTENT STANDARDS

The Service enables faculty and other authorized users (“Authorized Users”) to share links and supporting information (“User Contributions”) that may enhance the educational experience. While these contributions can be referenced within the platform, they do not currently integrate into or modify the core CyberPatient system, its simulations, or educational modules.

The Service may allow users to organize or view these contributions in private or shared formats, but CyberPatient is not responsible for the preservation, accuracy, or accessibility of such content and may moderate or remove material that does not meet platform standards.

CyberPatient will not be liable for any loss of or damage to User Contributions resulting from user actions, including accidental deletion, misplacement, or unauthorized access.

By posting or sharing any User Contributions, you represent and warrant that:

• The User Contributions do not infringe upon the copyrights or other intellectual property rights of any third party, including but not limited to patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights.
  • Example: Uploading a patient case scenario copied from a published medical textbook without permission would violate copyright.
• The User Contributions do not violate any applicable laws, including laws related to defamation, obscenity, or unlawful data disclosure.
  • Example: Posting personal remarks about a classmate’s performance that could be considered defamatory would be a violation.
• You will promptly notify both CyberPatient and your Subscribing Institution of any concerns or issues related to confidentiality, privacy, licensing, data protection, or intellectual property in relation to the User Contributions.
  • Example: If you realize you’ve shared protected patient data, you must alert CyberPatient and your institution immediately.
• The User Contributions do not contain software viruses or malicious code intended to disrupt, damage, or gain unauthorized access to any software, hardware, systems, or data belonging to the Service Provider or others.
  • Example: Uploading a compressed ZIP file that includes executable scripts with malware code is prohibited.
• You acknowledge that the Service Provider is not liable for the integrity, retention, or availability of User Contributions.
• If applicable, User Contributions involving research data have received prior Research Ethics Board (REB) approval.
  • Example: Sharing anonymized health survey data from a research project that received REB approval is permitted.
• User Contributions do not contain information that directly or indirectly identifies individuals unless:
  • The data has already been made publicly available;
  • The information pertains to public figures in a non-sensitive context;
  • Sufficient time has passed for the data to be considered historical;
  • Explicit, informed consent has been obtained for public disclosure;
  • The data was collected with an understanding it would be public (e.g., regulatory data); or
  • In the case of Canadian federal records, all identified individuals are deceased and no law restricts the data’s release.

You also represent and warrant that:

• You have the legal right and full authority to share and license the User Contributions to CyberPatient as described in these Terms of Use;
• You are not subject to any legal, contractual, or institutional restrictions that would prevent you from complying with these Terms.

TERMINATION

IHI, the Service Provider or the Subscribing Institution may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, please notify the Service Provider at info@cyberpatient.ca. All provisions of the Terms of Use which by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

NO WARRANTIES

THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE CONTENT AND USER SUBMISSIONS) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IHI, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE CONTENT OR USER SUBMISSIONS ARE TIMELY, ACCURATE, COMPLETE, RELIABLE OR CORRECT; (B) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE CONTENT OR USER SUBMISSIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.

IHI MAKES NO WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, REGARDING OR RELATING TO THE SERVICES OR CONTENT PROVIDED.

LIMITATION OF LIABILITY

IN NO EVENT SHALL IHI, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE OR ANY CONTENT OR USER SUBMISSIONS (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR USER SUBMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT OR USER SUBMISSIONS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SERVICE, OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $10 (CANADA).

INDEMNIFICATION

You will indemnify and hold the Service provider harmless from and against any and all loss, cost, expense, liability, or damage, including, without limitation, all reasonable attorneys’ fees and court costs, arising from the i) use or misuse of the Service; (ii) your access to the Site, use of the Services, violation of the Terms of Use by you; or, (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Such losses, costs, expenses, damages, or liabilities shall include, without limitation, all actual, general, special, and consequential damages.

DISPUTE RESOLUTION

A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the 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. You and the Service Provider agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Province of British Columbia. All disputes under these Terms and Conditions will be resolved in the applicable provincial or federal courts of Canada. You consent to the jurisdiction of such courts and waive any jurisdictional or venue defences otherwise available. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including, without limitation, this section.

INTEGRATION AND SEVERABILITY 

The Terms of Use are the entire agreement between you and the Service Provider with respect to the Service and use of this Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Service Provider with respect to this Site (but excluding the use of any software which may be subject to a separate end-user license agreement). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable.

MISCELLANEOUS

The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with prior written consent of the Service Provider. The Service Provider may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use, and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

COPYRIGHT AND TRADEMARK NOTICES

You acknowledge that the copyright in any additional data added by the Service provider to the user materials, and any search software, user guides, documentation and any other intellectual property that is prepared by the Service provider to assist users in using the User Submissions will belong to the Service Provider creating the content.

PRIVACY POLICY

Please review our Service and Website Privacy Notice

CONTACT US 

In order to resolve a complaint regarding the Services or to receive further information regarding the use of the Services, please contact us at info@cyberpatient.ca