Last Updated: June 30, 2025

 

Please read the following terms of use (“Terms”) carefully before using the Services as described below. If you do not understand the Terms, or do not agree to any part of the Terms, please do not access or use the Platform or the Services. Use of the Platform or Services shall be construed as your acceptance of these Terms and your acceptance of our Privacy Policy. 

 

1. Terms

 

1.1 Acceptance of Terms 

 

EpiSense is a platform of EpiSense Data Inc. (“EpiSense” or “we”). EpiSense provides its Services (as defined below) through its web based software application located at https://www.episense.ca/ (“Site”, and together with​​ all sub-domains, linked pages, websites and applications hosted on or connected with it such as any software published by us and hosted on any server, browser, computer, tablet or mobile device, the “Platform”). 

 

These Terms govern your access to and use of any content, functionality, and services offered on or through the Platform (the “Services”). By using or accessing the Platform and/or Services, by any means, you acknowledge that you have read, understood and agree to be bound at all times by these Terms, which, together with our Privacy Policy, located here https://www.episense.ca/privacy-policy , govern the relationship between you and EpiSense in relation to the Platform and the Services.

 

If you are agreeing to these Terms on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these Terms, please do not access or use the Services.

 

1.2 Changes to Terms

 

EpiSense is constantly improving the Platform and the Services. We reserve the right to alter or withdraw the Services at any time without notice, including in order to make enhancements, comply with applicable law, or prevent illegal activity on the Platform and/or Service. We may revise these Terms from time to time. The most current version will always be posted on our website. You understand and agree that we may not notify you of revisions to these Terms and we will assume no liability or responsibility to you for our failure or inability to do so for any reason. By continuing to access or use the Platform and/or Services, you agree to be bound by the revised Terms. If you do not understand or agree to the revised Terms, please stop using the Platform and the Services.

2. Description of service 

 

We provide access to timely and localized disease information through a disease dashboard. We maintain a symptom database by collecting information about symptoms from community members, anonymizing such information and better informing the community about disease levels near them (the “Services” as provided on our Platform).

 

3. General conditions/access and Use of the Service

 

3.1 License to Use

 

Subject to compliance with these Terms, EpiSense grants you a revocable, non-exclusive, non-transferable, limited right to access and use the Platform and/or Services on any device, including the right to install and use software made available by or through EpiSense to enable you to access and use the Platform and/or Services on or from any device for which such use is permitted by EpiSense. All rights, title and interest in and to the Platform and its components shall remain with and belong exclusively to EpiSense.

 

You shall not, and shall not allow any third party to, (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Service available to any third party; (b) use the Service in any unlawful manner (including, without limitation, in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components; or (c) copy, modify, adapt or hack the Service to, or otherwise attempt to, gain unauthorized access to the Service or its related systems or networks. You agree not to access the Service by any means other than through the interface that is provided by EpiSense for use in accessing the Service. 

 

Any rights not expressly granted herein are reserved and no license or right to use any trademark of EpiSense or any third party is granted to you in connection with the Service.You shall comply with any codes of conduct, policies or other notices EpiSense provides you or publishes in connection with the Service, and you shall promptly notify EpiSense if you learn of a security breach related to the Service.

 

3.2 Conditions of Use

 

As a condition of your access and use, you agree that you may use the Platform and/or Services only for lawful purposes and in accordance with these Terms.

 

Without limiting the foregoing, you warrant and agree that your use of the Platform shall not:

 

1. violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy. 

2. violate the terms of use of any third-party website that is linked to the Platform, including but not limited to, any third-party social media website.

3. impersonate or attempt to impersonate EpiSense, an EpiSense employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).

4. encourage any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by us, may harm EpiSense or users of the Platform and/or Services or expose them to liability.

5. promote any illegal activity, or advocate, promote, or assist any unlawful act.

 

3.3 Changes to Services

 

EpiSense reserves the right to change the scope, pricing, mode and nature of the rights associated with users’ access to Platform and/or Services, including business models, revenue models, pricing and other terms and conditions, at any time and from time to time; such changes are effective when EpiSense posts the same to the Platform and/or Services. EpiSense may, in its sole discretion, change some or all of Platform and/or Services at any time.

3.4 Age Limitations and Responsibility of Minors

 

The Services are intended for use only by individuals who are at least eighteen (18) years of age. If you are not at least eighteen (18) years of age or are not the age of majority in your jurisdiction, you are not authorized to use the Platform or Services without the permission and supervision of your parent or legal guardian. If you are under the age of majority, you represent and warrant that you have the express permission of your parent or legal guardian to use the Platform or Services. If you are a parent or legal guardian and have authorized a minor to use the Platform or Services, you agree that you are responsible for the online conduct of the minor, and for the consequences of any misuse of the Platform or Services by the minor.

 

3.5 Responsibility of Information 

 

(a) You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store in connection with or relating to the Service (“Your Content”). You agree to cooperate with and provide reasonable assistance to EpiSense in promoting and advertising the Services. 

 

(b) You are responsible for maintaining the confidentiality of your login, password and account information, and for all activities that occur under your login or account. EpiSense reserves the right to access your account in order to respond to your requests for technical support.

 

(c) By posting Your Content on or through the Service, you hereby do and shall grant EpiSense a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Service. EpiSense has the right, but not the obligation, to monitor the Service, Content, or Your Content. You further agree that EpiSense may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.

 

(d) You understand that the operation of the Service, including Your Content, may be unencrypted and involve (i) transmissions over various networks; (ii) changes to conform and adapt to technical requirements of connecting networks or devices and (iii) transmission to EpiSense’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. EpiSense will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.

 

(e) You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, server, software, operating system, networking, web servers, long distance and local telephone service (collectively, “Equipment”). You shall be responsible for ensuring that such Equipment is compatible with the Services (and, to the extent applicable, any software) and complies with all configurations and specifications set forth in EpiSense’s published policies then in effect. You shall also be responsible for maintaining the security of the Equipment, your account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of your account or the Equipment with or without your knowledge or consent.

 

(f) EpiSense reserves the right to use your name and/or company name as a reference for marketing or promotional purposes on EpiSense’s website and in other communication with existing or potential EpiSense customers. To decline EpiSense this right you must email hello@episense.ca stating that you do not wish to be used as a reference.

 

(g) Subject to the Terms, EpiSense may (but has no obligation to) provide technical support services, through email in accordance with our standard practice.

 

4. Subscription, free trials, billing 

 

4.1 Payment Information 

 

To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide EpiSense with information regarding your credit card or other payment instrument (“Payment Method”).

 

You represent and warrant to EpiSense that such information is true and that you are authorized to use the payment instrument. You represent and warrant that you will promptly update your account information with any changes that may occur and you acknowledge that failure to do so may lead to EpiSense terminating the Service and closing your account. You agree to pay EpiSense the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms. You hereby authorize EpiSense to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until such time that you terminate your account, and you further agree to pay any charges so incurred. If you wish to dispute any charges, you must notify EpiSense within sixty (60) days after the date that EpiSense charges your Payment Method by emailing accounts@episense.ca. We reserve the right to change EpiSense’s prices. If EpiSense does change its prices, EpiSense will provide notice of the change on the Site or in email to you, at EpiSense’s option, at least thirty (30) days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. We may offer a number of subscription plans, including special promotional plans with differing conditions and limitations, at our discretion.

 

4.2 Free Trial Period

 

The free trial period of your membership runs for the duration of 30 days, or as otherwise specified during sign-up. 

 

For combinations with other offers, restrictions may apply. EpiSense reserves the right, in its absolute discretion, to determine your free trial eligibility. We will begin billing your Payment Method for monthly subscription fees at the end of the free trial period of your subscription, unless you cancel your subscription prior to the end of the free trial period. [To view the specific details of your subscription, including number of monthly impressions, subscription price and end date of your free trial period, visit our website.] We may authorize your Payment Method through various methods, including authorizing it up to approximately one month or year of service as soon as you register. You acknowledge that you will not receive a notice from us that your free trial period will end or has ended.

 

4.3 Non-Refundable Payments 

 

Payments are non-refundable and there are no refunds or credits for partially used periods. Following any cancellation, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our users. The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion.

 

5. Third party content and external links

 

5.1 Third Party Service

 

Your use of any third-party service provider in connection with the Platform and/or Services is governed by such third-party service provider’s then applicable terms and conditions and, to the extent that you make use of a third-party provider in connection with the Platform and/or Services, you hereby agree to abide by such terms.

 

5.2 Third Party Content and Links

 

The Platform and/or Services may provide, or third parties may provide, links to other websites or resources (“Third Party Content”). The inclusion or appearance of Third-Party Content on the Site does not indicate any approval or endorsement by EpiSense of such Third-Party Content. EpiSense is not responsible for, and hereby disclaims any and all liability that may arise from Third-Party Content or the act of accessing, browsing, or otherwise using such Third-Party Content. 

You acknowledge and agree that EpiSense has no control over such Third Party Content and is not responsible for the availability of such external platforms or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such Platforms or resources. You further acknowledge and agree that EpiSense shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content or goods or services available on or through any such Platform or resource.

6. Representations and warranties

 

You represent and warrant to EpiSense that (i) you have full power and authority to enter into these Terms; (ii) you are eighteen (18) years of age or older, or in the case of a minor, you have obtained permission and consent from your parent or legal guardian to use the Services.

 

7. Monitoring and Enforcement, Suspension, and Termination

 

7.1 Monitoring 

 

EpiSense shall have the right, but no obligation, to monitor your activities on the Platform and/or Services to determine, in EpiSense’s sole discretion, compliance with these Terms, our Privacy Policy and any other operating rules we establish.

7.2 Termination by User

 

You can cancel your free trial or subscription at any time. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. If you are having any trouble with terminating your subscription, please contact us at accounts@episense.ca. We will continue to bill your Payment Method for your subscription fee until you cancel. 

 

7.3 Termination by EpiSense

 

EpiSense may terminate or suspend any and all Services and/or your user account immediately, without prior notice or liability, (i) if you have breached any of these Terms, (ii) if, after ten (10) days of receipt of notice of nonpayment from EpiSense, you do not pay your subscription fee, (iii) if you display abuse of the application's functionality, or failure to comply with EpiSense’s Privacy Policy, or (iv) if we believe you have participated in conduct that has or could create liability or harm to another user, third party or EpiSense.

EpiSense may also terminate any portion of the Services if, in EpiSense’s sole discretion, EpiSense believes that portion of the Service is no longer commercially sustainable. 

Upon termination of your account, your license to use the Platform and/or Services will be revoked, and your right to use the Platform and/or Services will immediately cease. All of Your Content on the Service (if any) may be permanently deleted by EpiSense upon any termination of your account in its sole discretion. All accrued rights to payment shall survive termination of these Terms.

 

8. Intellectual Property Rights

 

By submitting any feedback to EpiSense regarding the Platform and/or Services, you are granting EpiSense an irrevocable, perpetual, non-sublicensable, royalty-free license to use the feedback for its own promotional purposes anywhere in the world.

 

Unless you are advised otherwise, everything you see or read on the Platform and/or Services is subject to copyright, trademark or other forms of legal protection owned by or licensed by third parties to EpiSense and may not be used except as provided in these Terms without the written permission of EpiSense.

Images displayed on the Platform and/or Services are either the property of, or used with permission by, EpiSense. Use of these images by you, or anyone authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on the Platform and/or Services. Any unauthorized use of such images or other content may violate the law.

The trade-marks and logos (collectively the “Trademarks”) displayed on the Platform and/or Services are registered and unregistered Trademarks. Nothing contained in the Platform and/or Services gives you permission to use these Trademarks, and your use of the Trademarks is strictly prohibited. EpiSense reserves the right to enforce its intellectual property rights where applicable.

 

9. Disclaimer of warranties

 

THE PLATFORM, SERVICES AND ANY ASSOCIATED SERVICES OR PRODUCTS ARE PROVIDED BY EPISENSE ON AN “AS IS” AND “AS AVAILABLE” BASIS. EPISENSE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THE SERVICES, OR TO THE FUNCTIONALITY OF ANY SERVICES OR PRODUCTS ASSOCIATED THEREWITH. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EPISENSE DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. FURTHER, EPISENSE MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES, THE CAMPAIGN OR THE USER SOCIAL MEDIA ACCOUNTS AND/OR ITS CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. EPISENSE IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS IN THE SERVICES OR THE SOCIAL MEDIA ACCOUNTS. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES AND PRODUCTS AND SERVICES ASSOCIATED THEREWITH, INCLUDING YOUR USE OF ANY AND ALL ASSOCIATED CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SERVICES AND/OR SOCIAL MEDIA ACCOUNTS, AND ANY ASSOCIATED SERVICES IS SOLELY AT YOUR OWN RISK. EPISENSE DOES NOT WARRANT OR GUARANTEE THAT ITS SERVICES OR THE PLATFORM OR SERVERS OR E-MAILS SENT BY OR ON BEHALF OF EPISENSE ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. FURTHER, EPISENSE DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF ITS SERVICES, NOR THAT ALL COMMUNICATIONS BETWEEN YOU AND EPISENSE, OR BETWEEN YOU AND ANY OTHER USER OF THE SERVICES, WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES.

 

10. Release and Limitation of liability

 

You will indemnify, defend, and hold harmless EpiSense, its agents, shareholders, officers, directors, and affiliated entities (the “EpiSense Releasees”) against any actual or threatened third party actions, suits, proceedings, debts, accounts, bonds, covenants, contracts, claims, liabilities, damages, grievances, executions, judgments and demands of any kind whatever (“Claims”) arising out of or based upon your use of and access to the Services, any breach of these Terms or from any representation or warranty contained in these Terms and made by you which was or is at any time false, your violation of any third party right, including, but not limited to, any copyright, property, or privacy right, and indemnify the EpiSense Releasees from all damages, costs, and attorneys’ fees finally awarded in any such Claim.

You hereby expressly and irrevocably release and forever discharge EpiSense, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Platform and/or Services.

In no event shall EpiSense be liable under contract, tort, strict liability, negligence or other legal theory with respect to the Platform and/or Services (i) for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, or (ii) to provide substitute goods or services (however arising).

11. Users outside Canada

 

The Site is intended for use by individuals in Canada and is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. While Episense aims to store Personal Data, including any personal health information in Canada where possible, the Site is hosted on platforms that may use servers located in other jurisdictions, including the United States and the European Union. As a result, your information may be transferred to, stored, or processed outside of Canada. The data protection and other laws of Canada and other countries might not be as comprehensive as those in your country. 

Transfer of Personal Data will be subject to and occur if permitted by applicable privacy laws, including the Personal Health Information Protection Act, 2004 (Ontario) and the Personal Information Protection and Electronic Documents Act (Canada). By using this Site and providing us with your information, you consent to this transfer, storage, and processing, in accordance with our Privacy Policy and applicable laws.

12. Miscellaneous

 

12.1 General 

 

No agency, partnership, joint venture, or employment is created as a result of these Terms and you have no authority of any kind to bind EpiSense in any respect whatsoever. EpiSense shall not be liable for any failure to perform its obligations hereunder, where such failure results from any cause beyond EpiSense’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. 

 

12.2 Assignment

 

EpiSense may transfer, assign or delegate the Terms and its rights and obligations hereunder, in whole or in part, without consent and without restriction. You may not assign these Terms without the prior written consent of EpiSense, such consent shall be at the sole discretion of EpiSense.

 

12.3 Waiver

 

The failure of any party to exercise in any respect any right provided for in these Terms shall not be deemed a waiver of any further rights hereunder.

 

12.4 Conflict with other Agreements 

 

These Terms are in addition to, and do not nullify, any other agreement between you and EpiSense or any other applicable terms and conditions found on the Platform. In the case of any direct conflict between these Terms and any other agreement between you and EpiSense, the provisions of such other agreement shall prevail but only to the extent applicable to the conflicting provisions. You agree to comply with all rules or restrictions that are posted on the Services.

12.5 Notice

 

All notices under the Terms will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; the day after it is sent, if sent by mail via a mail delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.

 

12.6 Governing law

 

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. The parties hereby irrevocably attorn to the jurisdiction of the courts of the Province of Ontario with respect to any disputes arising out of these Terms. 

 

12.7 Severability

 

The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms and any such invalid or unenforceable term shall be deemed to be severable.

12.8 Survival 

Any of these Terms which by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability, shall survive termination and continue in full force and effect except to the extent expressly set out in these Terms.

12.9 Privacy Policy and Data Security

 

Please visit our Privacy Policy https://www.episense.ca/privacy-policy and to understand how EpiSense collects and uses personal information. Any information we collect is subject to our Privacy Policy. By agreeing to these Terms and by your use of the Platform and Services, you consent to the collection, use and disclosure of your information in accordance with and as permitted by the Privacy Policy.

 

CONTACT US: If you have any questions about these Terms or if you wish to report breaches of these Terms, please contact us by email at hello@episense.ca.