Terms of Use

Terms of Use (User Agreement)

Felix Inc. (“Felix”, as follows “we” or “us”) last updated the Terms of Use (“Terms”) on September 8, 2023. The current version of the Terms can be accessed at www.felixforyou.ca/terms-of-use. We reserve the right to amend the Terms at any time to account for changes in the Applicable Law, our practices, and the Felix Platform. Please check to see if we have amended the Terms since you last used the Felix Platform. We may but are not obligated to post notice of amendments. By using the Felix Platform after the amendment of these Terms, you are agreeing to comply with and be bound by the amended Terms.

The Felix Platform and Services

Felix owns and operates an information technology platform consisting of applications, websites, Content, products and services (collectively referred to as the “Felix Platform”). The Felix Platform enables registered users (“Users”, “you”, “your”) to access telehealth services provided by healthcare professionals registered to practice in a province or territory of Canada (collectively, “Authorized Healthcare Professionals”) and other certain health-related services.

Telehealth is healthcare delivered through interactive text, audio, and/or video technology, where the patient and healthcare professional are not in the same physical location (telehealth services provided through the Felix Platform are referred to in the Terms as “Healthcare Services”). Healthcare Services provided through the Felix Platform may be used to diagnose, treat, follow-up, and/or provide related patient education. This may include, but is not limited to electronic transmission of medical records, the storage of personal information and personal health information (collectively “Personal Information”), and the issuance of prescriptions and other documents. Felix provides optional services at a User’s direction, including Felix securely transmitting a summary of the User’s consultation with Authorized Healthcare Professionals to a healthcare professional of the User’s choice, securely transmitting prescriptions to the User’s pharmacy of choice, providing notice when the User’s prescription is ready to be refilled, and providing prescription delivery services. Felix may make additional optional services available to Users from time to time.

By becoming a User, you consent to Authorized Healthcare Professionals providing Healthcare Services through the Felix Platform. Should you choose to have your prescription fulfilled by a Felix Pharmacy Partner, your prescription will be transferred within the Felix pharmacy network to any of our licensed pharmacies to route your prescription in the most efficient method available. You acknowledge that if you choose to receive your prescription from a Felix Health pharmacy that this prescription may be dispensed from Felix Pharmacy Inc., a pharmacy located in Vaughan, Ontario.

Eligibility and Availability of the Felix Platform

The Felix Health Platform is only available to temporary or permanent residents in the province of Alberta, British Columbia, Manitoba, Newfoundland and Labrador, Nova Scotia, Ontario, Prince Edward Island, or Saskatchewan. You must be physically located in Canada at the time of receiving care on the Felix Health Platform. In order to open an account (“Account”) and use the Felix Platform, you must:

  • Be at least 18 years of age, 
  • Possess the legal authority to enter into a binding legal obligation, and
  • Register with Felix.

Felix has no responsibility or liability for the deletion or failure to store or provide any Content maintained or transmitted by the Felix Platform.  Felix reserves the right at any time to modify or discontinue the Felix Platform (or any part thereof) with or without notice, and that Felix shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Felix Platform.

Nature and Scope of Healthcare Services

Authorized Healthcare Professionals Relationship with User: Only regulated healthcare professionals may provide Healthcare Services to Users through the Felix Platform. Regulated healthcare professionals, or Authorized Healthcare Professionals are Physicians and Nurse Practitioners licensed to practice medicine in a province or territory of Canada. 

Telehealth Licensing Requirements: Each province and territory of Canada has its own rules about who may provide telehealth, and the conditions for doing so. Depending on the rules in the province or territory in which you reside, Authorized Healthcare Professionals may not be located in your province or territory of Canada when delivering Healthcare Services to you. We display the jurisdiction in which Authorized Healthcare Professionals are located when we connect you to them for a consultation. In some cases, the information is available on our website.

You can report a complaint relating to Healthcare Services provided by Authorized Healthcare Professionals on the Platform by contacting the professional regulatory college(s) in the province(s) where the Healthcare Services were received. Most, if not all health profession regulators in Canada maintain a register of their members accessible through their website.

Not a Replacement for Primary Care: If you do not have a primary care professional, we encourage you to find one. Felix does not provide your primary care professional with a report of the Healthcare Services that you receive unless explicitly requested by the User. We strongly recommend that you notify your primary care professional that you received, and the reason for which you receive Healthcare Services so this can be taken into consideration. To assist you in providing that information, the Felix Platform enables you to send a summary of your Healthcare Services to the healthcare professional of your choice. 

Healthcare Services Terms of Use

As a term and condition of receiving Healthcare Services, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING:

  1. The Felix Platform is a technology platform that facilitates connecting Users with Authorized Healthcare Professionals for the provision of Healthcare Services. While Felix facilitates access to Healthcare Services provided by Registered Healthcare Services, it is not registered to provide Healthcare Services;
  2. Authorized Healthcare Professionals are independent third-parties who have chosen to use the Felix Platform to provide Healthcare Services. Authorized Healthcare Professionals are not employees or otherwise acting on behalf of Felix in providing Healthcare Services;
  3. Authorized Healthcare Professionals using the Felix Platform are solely responsible for, and will have complete authority, responsibility, supervision, and control over the provision of all medical and clinical services, including compliance with standards of care, record keeping, and other professional obligations. All diagnoses, treatments, prescriptions and other Healthcare Services will be provided and performed exclusively by or under the supervision of Authorized Healthcare Professionals, in their sole discretion, as they deem appropriate;
  4. Authorized Healthcare Professionals have the discretion to refuse or discontinue the provision of Healthcare Services to any Registered User at any time, including for actual or potential misuse of the Healthcare Services by a Registered User;
  5. No results can be guaranteed or assured in connection with Healthcare Services. Authorized Healthcare Professionals may determine Healthcare Services are not appropriate for some or all of your treatment needs, and may elect not to provide Healthcare Services to you;
  6. There are risks associated with the use of Healthcare Services, including those unique to telehealth. Risks associated with electronic transmission and storage of information are described in Felix’s Privacy Policy and the Felix Health Consent to Use Virtual Care Tools and Electronic Communications, which forms part of these terms;
  7. The Healthcare Services available to you will depend on your province or territory of residence and the location you are in at the time you request the services as the rules regarding telehealth differ among provinces and territories;
  8. You will only request Healthcare Services for you;
  9. THE FELIX PLATFORM CANNOT BE USED FOR EMERGENCY HEALTHCARE. IF YOU BELIEVE THAT YOU ARE DEALING WITH A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY OR ATTEND YOUR NEAREST HOSPITAL EMERGENCY ROOM; 
  10. The following symptoms are specifically excluded from the Healthcare Services: chest pains, difficulty breathing, fever in children under the age of 3 months, blackouts or feeling like you may blackout, any impairment in level of consciousness, stroke-like symptoms such as impaired sensation or paralysis to one side of your body, inability to speak or comprehend language, any abdominal pain severe enough that you are unable to comfortably walk;
  11. Authorized Healthcare Professionals are not permitted to prescribe certain kinds of medication including narcotics, controlled substances or other types of controlled medications, non-therapeutic drugs and other drugs which may be harmful because of their potential for abuse;
  12. ANY PRESCRIPTIONS YOU ACQUIRE FROM A REGISTERED HEALTHCARE ARE SOLELY FOR THE PERSONAL USE OF THE INDIVIDUAL NAMED ON THE PRESCRIPTION. YOU AGREE TO FULLY AND CAREFULLY READ ALL PROVIDED PRODUCT INFORMATION AND LABELS, AND TO CONTACT A PHYSICIAN OR PHARMACIST IF YOU HAVE ANY QUESTIONS REGARDING THE PRESCRIPTION OR MEDICATION;
  13. Medication reactions, side effects, or other adverse events will be reported to your primary care professional or, if you do not have one, to the nearest walk-in clinic or emergency room, or in an emergency call 911. 
  14. If your medication is being filled by the Felix Partner Pharmacy network, it is not eligible for refunds on medication that have been filled prior to the pausing/cancellation of your account. Furthermore, should your medication go unclaimed at the delivery professional’s location or delivery fails for any reason, then your medication will be destroyed either 1 month after your fill date for shelf-stable medications or 16 days after your fill date for non-shelf stable medications should you fail to contact Felix Support or the partner pharmacy within this time frame.

Ownership and Proprietary Rights

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 Felix Health Platform, are owned or licensed by Felix Health and are protected by copyright, trade-mark and other intellectual property laws.

Felix Health expressly reserves all rights in the Felix Health Platform, and all materials provided by Felix Health in connection with these Terms that are not specifically granted to you. As a term and condition of using the Felix Platform, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING:

  1. All right, title and interest in the Felix Platform, all materials provided by Felix Health in connection with these Terms (including the Content), and any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with Felix (or third party suppliers, if applicable), and that the Felix Platform, and all materials provided by Felix hereunder are licensed and not “sold” to you;
  2. Other than for your personal confidential use, content from the Felix Platform shall not be reproduced, duplicated, or copied, whether by printing or saving electronically without the express written consent of Felix. You agree to abide by any and all copyright notices displayed on the Felix Platform;
  3. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Felix Platform;
  4. You may not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Felix Platform;
  5. You may not attempt to gain unauthorized access to or impair any aspect of the Felix Platform, or its related systems or networks.

No Unlawful or Prohibited Use

As a term and condition of using the Felix Platform, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING:

You are prohibited from and will not:

  1. Without Felix’s prior written permission, use the Felix Platform and the Content for purposes other than the Permitted Use;
  2. Frame', 'mirror' or otherwise incorporate the Felix Platform or the Content or any part thereof on any commercial or non-commercial website;
  3. Access, monitor or copy any part of the Felix Platform or the Content using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  4. Violate the restrictions in any robot exclusion headers on the Content or the Felix Platform or bypass or circumvent other measures employed to prevent or limit access to the Felix Platform;
  5. Take any action that imposes, or may impose, in Felix’s discretion, an unreasonable or disproportionately large load on the Felix Platform;
  6. Deep-link to any portion of the Felix Platform for any purpose;
  7. Remove any watermarks, labels or other legal or proprietary notices included in the Felix Platform or the Content;
  8. Modify or attempt to modify the Felix Platform or any Content, including any modification for the purpose of disguising or changing any indications of the ownership or source of the Felix Platform or the Content;
  9. Use the Felix Platform or 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 Felix and only in the exact manner specified and enabled by Felix;
  10. Attempt to, assist, authorize 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 Felix Platform or the Content;
  11. Copy, reproduce, modify, distribute, transfer, sell, publish, broadcast, perform, transmit, publish, license or circulate in any form any part of the Felix Platform or the Content;
  12. Create derivative works based on the Felix Platform or the Content, in whole or in part, or to decompile, disassemble, reverse engineer or other exploit any part of the Felix Platform or the Content;
  13. Use the Felix Platform in a manner that violates the rights (including to intellectual property rights) of any third party, including by providing, uploading or transmitting any User Content that violate such third-party rights;
  14. Upload to or transmit through the Felix Platform any User Content that is offensive, hateful, obscene, defamatory or violates any applicable laws, in each case as determined by Felix in its sole discretion.

Third Party Websites

The Felix Platform may provide links to third party websites. Felix 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 website is not under Felix’s control, and if you choose to access any such website, you do so entirely at your own risk.

For additional details about Felix’s third party service providers, please see our list of subprocessors.

Viruses

The downloading and viewing of Content is done at your own risk. Felix cannot and does not guarantee or warrant that the Felix Platform or the Content are compatible with your computer system or that the Felix Platform or the Content, or any links from the Felix Platform or the Content, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Felix Platform.

Privacy and Information Disclosure

Personal Information you provide to Authorized Healthcare Professionals is collected by the Authorized Healthcare Professionals, and is explained in the Privacy Policy. The Privacy Policy also outlines Felix’s collection, use, disclosure, retention, and destruction of Personal Information. As the Privacy Policy forms part of these Terms, it is essential that you review the Privacy Policy prior to agreeing to these Terms.

Communication and Conduct

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

As a term and condition of using the Felix Platform, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING:

  1. You will not contact Registered Healthcare Practitioners in respect of Healthcare Services except through the Felix Platform. For clarity, Felix has no interest in or control over any interaction that you may have with Registered Healthcare Practitioners that is unrelated to Healthcare Services or your use of the Felix Platform.
  2. The terms outlined in our Reasonable Use Policy

Electronic Communication and Consent to Receive Calls and SMS Messages

When you are using the Felix Platform, including sending emails and chat messages from a desktop or mobile device, you are communicating with us electronically. YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING:

  1. You will receive communications from us electronically;
  2. You will receive operational communication from us electronically including, but not limited to, billing notifications, care-related messages, and shipping alerts. Users are unable to opt out of receiving communication deemed necessary for care, to ensure patient safety and continuity of care;
  3. All agreements and consents can be signed electronically;
  4. All notices, disclosure, and other communications that we provide to you electronically satisfy any legal requirement that such notices and communication be in writing;
  5. Felix may contact you by telephone, mail, or email to verify your Account information and/or to ensure your Account has not been created fraudulently;
  6. If this information is not provided within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to the Felix Platform until this information is provided.

By providing your mobile number, you are agreeing to be contacted by or on behalf of Felix at the mobile number provided, including calls and text messages to receive product, service, or marketing related communications related to the Felix Platform. Message and data rates may apply. To stop receiving text messages, text the word STOP to 647-494-5052. We may confirm your opt out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message and/or respond to your STOP message by texting you a request to identify services you wish to stop. Please note, if you stop receiving text messages from us, you may not receive important and helpful information and reminders about your progress and treatment. 

Account Security

As a term and condition of using the Felix Platform, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING:

  1. You must not share your Account password with any other person, and agree to maintain the security and secrecy of your Account username and password at all times ;
  2. You will immediately notify Felix of any unauthorized use of your password or account, or any other breach of the security of the Felix Platform of which you reasonably suspect or become aware;
  3. Ensure that you exit from your account at the end of each session;
  4. Felix cannot and will not be liable for any loss or damages arising from your failure to comply with this Section;
  5. You are responsible for all activity that occurs under your Account;
  6. You are not permitted to have more than one Account on the Felix Platform;
  7. You may not collect or harvest personal data of any other user of the Felix Platform, including user account names or login credentials.

Disclaimer and Limitation of Liability

You agree that Felix has no responsibility or liability for the deletion or failure to store or provide any content maintained or transmitted by the Felix Platform.  You acknowledge Felix reserves the right at any time to modify or discontinue the Felix Platform (or any part thereof) with or without notice, and that Felix shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Felix Platform.

THE LAWS OF CERTAIN JURISDICTIONS 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 WEBSITE, ERRORS AND/OR OMISSIONS MAY OCCUR. ACCORDINGLY, THE FELIX PLATFORM AND THE CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. USE OF THE FELIX PLATFORM OR THE CONTENT IS AT YOUR OWN RISK. FELIX DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE FELIX PLATFORM OR THE CONTENT. THE PLATFORM AND THE CONTENT MAY INCLUDE ERRORS, OMISSIONS AND INACCURACIES, INCLUDING, WITHOUT LIMITATION, PRICING ERRORS. FELIX DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE FELIX HEALTH PLATFORM OR THE CONTENT. IN ADDITION, FELIX EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON THE FELIX PLATFORM.

TO THE FULLEST EXTENT PERMITTED BY LAW, FELIX DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE FELIX PLATFORM AND THE CONTENT 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 FELIX PLATFORM OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL FELIX 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 FELIX IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE FELIX PLATFORM OR THE CONTENT.

TO THE EXTENT THAT THE FOREGOING LIMITATION DOES NOT APPLY, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF FELIX HEALTH IN CONNECTION WITH OR UNDER THESE TERMS OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE FELIX PLATFORM OR THE CONTENT, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF, OR INABILITY TO MAKE USE OF, THE FELIX PLATFORM OR THE CONTENT EXCEED THE AGGREGATE AMOUNT OF THE FEES PAID BY YOU FOR A ONE YEAR SUBSCRIPTION. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS WILL NOT INCREASE THE MAXIMUM LIABILITY AMOUNT.

Indemnity

You agree to indemnify and hold harmless Felix (which in this Section includes all of its officers, directors, employees and agents) from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought in connection with or as a result of: 

  1. Your breach of any of your warranties, representations or obligations under these Terms
  2. Your violation of any applicable law or the rights of a third party (including intellectual property rights); or
  3. Your use of the Felix Platform or the Content and Healthcare Services obtained through the Felix Platform

Through the Felix Platform, you may use certain services that are not provided by Felix and that we identify to you for your convenience (for example, prescription delivery services). You hereby release Felix from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Felix Platform.

Fees and Payment

Felix requires you to provide credit card information prior to the provision of Healthcare Services for the purpose of card validation. You will not be able to begin accessing Healthcare Services through the Felix Platform if the credit card information provided is inaccurate and/or declined at the point of validation. You agree that Felix may validate your credit card and put a hold on it in the amount of the fees. Felix will notify you of any applicable fees, and will only process the charge to your credit card after you have obtained the corresponding Healthcare Services. 

Third parties (for example, private or public insurers) may pay for the cost of products provided to you through Healthcare Services. If your medication is being filled by the Felix Pharmacy Network, Felix has a contract with the third party under which the third party discloses personal information including the name, email, address, and other contact information of the User(s) for whom will pay for some or all of the set fees. Please consult our Privacy Policy for more information about the personal information we collect from third party payers. Felix is not a party to and has no control over the agreement between any User and third party payer.

‍General Provisions

Entire Agreement

These Terms constitute the entire agreement between Felix and you pertaining to the subject matter, and supersede all prior or contemporaneous communications and proposals regarding the subject matter.

Governing Law

Unless the applicable laws of your jurisdiction, require that the laws of your jurisdiction govern, by accessing the Felix Platform your agree that any disputes or matters arising from, connected with, or related to these Terms will be brought to the provincial and federal courts

Severability

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

Contact Us

If you have questions about the Felix Platform or its use, you can contact Felix Support by sending an email to hello@felixforyou.ca