Terms of Service

These Terms of Service ("Terms") are a binding agreement between you and Kinevie ("Kinevie", "we", "our", "us"). They apply when you:

• visit the Kinevie marketing site at www.kinevieapp.com;
• use the patient portal — including the public clinic directory, online booking, the Knowledge Hub, intake forms, invoices, and the authenticated portal;
• use the clinic operating system as a therapist, receptionist, billing administrator, or clinic owner; or
• contact us by email, phone, support ticket, or web form.

If you are using Kinevie on behalf of a clinic, business, or other organization, you confirm that you have authority to bind that organization to these Terms. In that case, "you" refers to both you and the organization.

These Terms incorporate by reference our Privacy Policy, Cookie Notice, and the Security page. Subscribing clinics are also bound by their executed clinic services agreement; where that agreement conflicts with these Terms, the clinic services agreement controls for that clinic.

To create a Kinevie account you must be capable of forming a binding contract under Canadian law (generally, the age of majority in your province or territory — 18 in most, 19 in some). Minors may receive care through a Kinevie-using clinic with parental or legal-guardian consent obtained by the clinic.

You agree to:

• provide accurate and current information when registering;
• keep your credentials confidential and not share them with anyone;
• use multi-factor authentication where offered (strongly recommended for clinic staff); and
• tell us immediately at security@kinevieapp.com if you suspect that your account has been accessed without permission.

You are responsible for activity that occurs under your account. If you log in from a shared or public device, sign out when you are finished.

The patient-facing portal lets you discover Kinevie-connected clinics, request appointments, complete intake, message your clinic, view invoices and receipts, and access educational content. By making a booking you understand and agree that:

• The clinic — not Kinevie — provides your care, sets pricing, and is responsible for the clinical services delivered.
• Appointment requests are confirmations of intent; the clinic may accept, reschedule, or decline based on their availability and clinical judgement.
• You will arrive on time, follow cancellation and no-show policies published by your clinic, and provide accurate intake information so the clinic can deliver safe care.
• Kinevie does not collect payment for clinical services from patients on behalf of clinics in all regions. Where a clinic uses an integrated payment processor, the processor's terms govern that transaction.

Clinic subscribers and their authorized users (owners, administrators, regulated health professionals, receptionists, billing staff) use Kinevie to operate their practice. By using the clinic operating system you agree to:

• Comply with the law and your regulatory college. You remain solely responsible for compliance with provincial health-information legislation (PHIPA, HIA, PIPA, Law 25, etc.), professional college standards, and any applicable college bylaws on record-keeping, consent, advertising, and electronic communications.
• Act as the health information custodian. Your clinic is the custodian of patient health information collected through Kinevie. Kinevie processes that information on your behalf as an information manager / electronic service provider under a written agreement.
• Limit access by need-to-know. Use role-based access controls correctly; do not share login credentials; deprovision departing staff promptly.
• Publish accurate clinic information. Names, addresses, services, therapist credentials, and fees published through Kinevie must be accurate and updated without unreasonable delay.
• Communicate professionally. Use the chat, messaging, and notification features in accordance with your college's electronic-communications guidance and with anti-spam law (CASL).
• Respect patient choice. Provide patients with reasonable opportunity to access, correct, and withdraw consent for their information, and honour requests forwarded through Kinevie within statutory timelines.

Where you upload a third party's content (photos, logos, articles, therapist biographies), you confirm you have the right to use it.

Kinevie is software. The Knowledge Hub, clinic directory profiles, educational articles, chat assistants, and any AI-assisted features provided by Kinevie are for general information only. They are not medical advice, diagnosis, or a substitute for individualized clinical judgement by a regulated health professional.

If you think you may be experiencing a medical emergency — chest pain, difficulty breathing, severe bleeding, suicidal thoughts, or any condition that may put life or limb at risk — call 911 or your local emergency number, or attend the nearest emergency department immediately. Do not rely on Kinevie's portal, messaging, or booking flow in an emergency.

You agree not to do any of the following while using Kinevie:

• access or attempt to access accounts, data, or systems you are not authorized to use;
• interfere with the operation of Kinevie — including denial-of-service attempts, abusive automated requests, scraping at a scale that degrades service for others, probing for vulnerabilities outside our coordinated-disclosure process, or circumventing security controls;
• upload malware, exploits, or content that infringes a third party's rights;
• misrepresent yourself, impersonate another person, or claim regulated-professional credentials you do not hold;
• use Kinevie to send spam or commercial messages that violate CASL or applicable anti-spam laws in other jurisdictions;
• use Kinevie to deliver, dispense, or market services that you are not licensed to provide in the patient's jurisdiction; or
• reverse-engineer, decompile, or otherwise extract the source code of our services, except to the extent that such restriction is prohibited by applicable law.

Security research is welcome under our coordinated-disclosure program — see the Security page.

Our content. Kinevie, the Kinevie name, logo, the marketing site, the patient portal, the clinic operating system, our documentation, and the underlying software are owned by Kinevie or our licensors and are protected by Canadian and international intellectual-property law. We grant you a limited, non-exclusive, non-transferable, revocable licence to use them in accordance with these Terms.

Your content. Patients, clinics, and authors retain all rights to the content they submit (intake answers, messages, clinic information, blog posts, photos, etc.). You grant Kinevie a worldwide, non-exclusive licence to host, store, transmit, display, and process that content as strictly necessary to operate, secure, and improve the service, in line with our Privacy Policy.

Knowledge Hub articles. Articles published by clinic authors through the Knowledge Hub remain the author's work. By publishing an article you allow Kinevie to display it on the apex site, the author's tenant subdomain, in syndication summaries, and in connected staff-app feeds.

Feedback. If you send us suggestions or feedback, you grant Kinevie a royalty-free, perpetual, irrevocable licence to use it without obligation to you.

Copyright complaints. If you believe content on Kinevie infringes your copyright, email legal@kinevieapp.com with the URL, a description of the work, your contact details, and a good-faith statement under Canadian Copyright Act notice-and-notice provisions.

Patients. Browsing clinics, requesting bookings, completing intake, and using the Knowledge Hub on the apex site are free. If a clinic uses an integrated payment processor for visit fees or deposits, the clinic and the processor are responsible for the charge, the receipt, and the refund policy.

Clinics. Subscription fees, included usage, overage charges, and renewal terms are stated in your clinic services agreement or order form. Unless otherwise stated:

• fees are quoted in Canadian dollars and exclusive of applicable taxes (GST/HST/PST/QST);
• invoices are due on the date specified, typically net 14 days;
• subscriptions renew automatically for successive equal terms unless cancelled with written notice before renewal;
• we may suspend the service for unpaid invoices after providing written notice and a reasonable cure period (typically 10 business days); and
• fees are non-refundable once a billing cycle has begun, except as required by applicable consumer-protection law or as expressly stated in your agreement.

Plan-change requests, price changes, and termination procedures are described in your clinic services agreement.

Kinevie integrates with carefully selected sub-processors — for example, cloud infrastructure providers in Canada, email and SMS delivery, payment processors, analytics, and voice synthesis. A current list and what they do is available in our Privacy Policy.

Some pages may link to third-party content (a clinic's external website, a published journal, an embedded video). Kinevie is not responsible for third-party content and the presence of a link does not imply endorsement.

You may close your patient account at any time from the portal. Clinic subscriptions may be terminated in accordance with your clinic services agreement.

We may suspend or terminate your access without notice if we reasonably believe you have:

• violated these Terms, a clinic services agreement, or applicable law;
• created a security, privacy, or safety risk for other users; or
• failed to pay fees that are due and not in good-faith dispute, after the cure period described in Section 8.

On termination of a clinic subscription, the clinic remains the custodian of its patient records. Kinevie will provide a reasonable export of clinic data in a structured, commonly used format and delete or anonymize remaining tenant data on the timeline described in the clinic services agreement, subject to legal retention requirements.

Sections that by their nature should survive termination — including those on intellectual property, fees accrued, disclaimers, limitation of liability, indemnity, governing law, and dispute resolution — will survive.

We provide Kinevie with reasonable skill and care, but to the maximum extent permitted by applicable law, the service is provided "as is" and "as available", without warranties of any kind, whether express, implied, statutory, or otherwise. We specifically disclaim warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or usage of trade.

We do not warrant that the service will be uninterrupted, error-free, or perfectly secure, or that defects will be corrected. We do not warrant the accuracy of content submitted by clinics, authors, patients, or third parties, including content surfaced in the Knowledge Hub or directory.

Nothing in this section limits any rights you have as a "consumer" under applicable Canadian provincial consumer-protection law that cannot be limited by contract.

To the maximum extent permitted by applicable law:

• No indirect damages. Kinevie will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages — including lost profits, lost revenue, lost goodwill, lost data, or business interruption — even if Kinevie has been advised of the possibility of such damages.
• Cap on direct damages. Kinevie's total cumulative liability for any claim arising out of or relating to the service is limited to the greater of (a) the fees you paid to Kinevie in the twelve (12) months before the event giving rise to the claim, or (b) one hundred Canadian dollars (CAD $100).

Some Canadian jurisdictions do not allow the exclusion or limitation of certain damages (for example, in cases of gross negligence, wilful misconduct, or for liability that cannot be excluded by law). In those cases, the above limits apply only to the maximum extent permitted.

You agree to defend, indemnify, and hold Kinevie, its affiliates, and their respective officers, directors, employees, and agents harmless from any third-party claims, losses, damages, fines, and reasonable legal fees arising from:

• your breach of these Terms;
• your violation of applicable law or third-party rights;
• content you upload, publish, or transmit through Kinevie (including patient information collected and processed by a clinic); or
• your provision of clinical services to a patient, including any allegations of negligence, malpractice, or breach of professional duty.

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without giving effect to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

The parties agree to first attempt to resolve disputes informally through good-faith discussions. If a dispute is not resolved within thirty (30) days of written notice, the parties submit to the exclusive jurisdiction of the courts of the Province of Ontario sitting in Toronto for any proceeding, except that Kinevie may bring proceedings to protect its intellectual property or seek injunctive relief in any court of competent jurisdiction.

Nothing in this section limits your rights, if you are a consumer, to bring a claim in the courts of your home province where applicable consumer-protection law gives you that right (for example, Québec residents under the Consumer Protection Act).

We may revise these Terms from time to time. When we make material changes we will notify you — typically by email, a clinic-portal notice, or a banner on the marketing site — at least thirty (30) days before they take effect, unless a shorter period is required to address security, legal, or regulatory issues.

The "Last updated" date at the top of this document reflects the most recent substantive change. Continuing to use Kinevie after a change takes effect means you accept the revised Terms; if you do not agree, you should stop using the service.

For questions about these Terms or to give notice under them, contact:

Kinevie — Legal
Email: legal@kinevieapp.com
Privacy questions: privacy@kinevieapp.com
Security disclosures: security@kinevieapp.com

We aim to acknowledge legal notices within five (5) business days.