Terms of Use

You may use the Services only if you:

1. have legal capacity to enter into a binding agreement;
2. are at least the age of majority in your jurisdiction, unless you access a patient-facing feature under the authorization of a parent, guardian, clinic, or healthcare provider as permitted by law;
3. are not prohibited from using the Services under applicable law; and
4. comply with these Terms.

If you use the Services in a professional capacity, you are responsible for maintaining any licences, registrations, authorizations, and professional qualifications required for your practice.

Aptux may provide features relating to:

• appointment scheduling and calendars;
• patient intake and management;
• clinical documentation;
• forms and questionnaires;
• billing, invoicing, claims, and payment workflows;
• communications and reminders;
• clinic administration and reporting;
• integrations with third-party products and services;
• AI-enabled documentation and workflow tools; and
• other practice-management functionality.

We may add, modify, improve, replace, suspend, or discontinue features from time to time, subject to any commitments in an applicable subscription agreement or order form.

The Services are software tools. Unless expressly stated otherwise, Aptux is not a healthcare provider, clinic, insurer, billing authority, payment card network, or professional regulatory body.

Certain Services require an account.

You agree to:

• provide accurate and complete account information;
• keep account information current;
• maintain the confidentiality of credentials;
• use reasonable security practices;
• not share individual credentials except where expressly permitted;
• promptly disable access for workforce members who no longer require it; and
• notify Aptux promptly of suspected unauthorized access or compromise.

You are responsible for activity occurring under your account to the extent permitted by law, including activity by users you authorize.

Organizations are responsible for assigning appropriate roles and permissions to their users.

Aptux may require multi-factor authentication or other security measures for some or all users.

If you are a clinic, healthcare provider, or healthcare organization, you are responsible for your use of the Services and for ensuring that your use complies with applicable laws, professional standards, regulatory requirements, and contractual obligations.

Without limiting the foregoing, you are responsible for:

1. determining whether Aptux is appropriate for your practice and intended use;
2. obtaining any patient notices, consents, permissions, or authorizations required by law;
3. maintaining the accuracy and completeness of patient records;
4. reviewing documentation before it becomes part of the clinical record;
5. controlling access to patient and clinic information;
6. complying with applicable health-record retention requirements;
7. responding to patient access, correction, and other privacy requests where you are responsible for the record;
8. maintaining appropriate independent business-continuity procedures;
9. complying with billing, insurance, tax, and professional requirements; and
10. using the Services only within the scope of your professional competence and authority.

You must not instruct Aptux to process information in a manner that violates applicable law.

The Services may be used to process personal information and personal health information.

As between Aptux and a clinic or healthcare organization, each party's role and obligations are determined by applicable law and any agreement between the parties.

Where Aptux processes patient information on behalf of a clinic or healthcare provider, Aptux will process that information in accordance with applicable law, the clinic's lawful instructions, the Privacy Policy, and any applicable data-processing, privacy, or security agreement.

You represent and warrant that you have all rights, consents, permissions, and legal authority required to submit information to the Services and to instruct Aptux to process it.

You must not use the Services to collect or process information that you are prohibited from collecting or processing.

Aptux may provide features powered by artificial intelligence, machine learning, large language models, or similar technologies (“AI Features”).

6.1 AI outputs may be inaccurate

AI-generated content can contain errors, omissions, fabricated information, inappropriate suggestions, or other inaccuracies. AI outputs are probabilistic and may produce different results from similar inputs.

You must independently review and verify AI-generated content before relying on it.

6.2 No autonomous clinical decision-making

Unless Aptux expressly states otherwise in writing for a specifically regulated feature, AI Features are intended to assist with administrative, documentation, and workflow tasks and are not designed to independently diagnose, treat, prescribe, determine medical necessity, or replace the judgment of a qualified healthcare professional.

You are responsible for all clinical decisions and for determining whether any AI-generated content is accurate, complete, clinically appropriate, and suitable for inclusion in a patient's record.

6.3 No reliance without review

You must not automatically place AI-generated content into a final clinical record, communicate it as professional advice, or use it to make a clinical decision without appropriate human review.

6.4 Inputs and permitted use

You may submit patient information to an AI Feature only when you have lawful authority to do so and the feature is approved by your organization for that use.

Aptux's processing of information through AI Features is governed by our Privacy Policy and applicable agreements.

Aptux provides technology and software services.

Aptux does not provide medical, physiotherapy, diagnostic, therapeutic, legal, insurance, accounting, or other professional advice through the general operation of the Services.

Use of Aptux does not create a healthcare provider-patient relationship between Aptux and any patient.

Information generated, displayed, stored, summarized, or transmitted through the Services does not replace the independent professional judgment of a qualified healthcare professional.

Healthcare professionals are solely responsible for the care they provide, including assessment, diagnosis, treatment, referrals, follow-up, documentation, informed consent, and emergency escalation.

Patients should contact a qualified healthcare professional for medical concerns and should contact emergency services when urgent or emergency care is required.

Certain Services may require payment.

Pricing, subscription term, included features, usage limits, billing frequency, and other commercial terms may be set out on our website, during checkout, in an order form, or in a separate agreement.

Unless otherwise stated:

• fees are quoted in CAD
• applicable taxes are additional;
• subscription fees are billed in advance;
• payment obligations are non-cancellable and fees paid are non-refundable except where required by law or expressly stated otherwise; and
• you authorize Aptux and its payment processor to charge the payment method associated with your account for amounts due.

If a subscription automatically renews, we will provide any notice and cancellation rights required by applicable law.

Current cancellation policy: You may cancel your subscription at any time by stopping your subscription. If you are on a month-to-month plan, cancellation takes effect at the end of the current billing month. If you are on an annual plan, your subscription remains active until the end of the current annual term and will not renew for another year.
Current refund policy: Aptux does not offer refunds. All fees paid are non-refundable except where required by law.
Free trial terms: Aptux does not currently offer a free trial.

We may suspend paid features for overdue amounts after any notice required by applicable law or contract.

You are responsible for applicable taxes other than taxes based on Aptux's net income.

Aptux may integrate with third-party payment processors to enable clinics to accept or make payments.

Payment processing may be governed by additional terms imposed by the applicable payment processor. You agree to comply with those terms when using payment functionality.

Aptux is not responsible for acts or omissions of an independent payment processor except to the extent responsibility cannot lawfully be excluded.

You are responsible for refunds, chargebacks, payment disputes, and compliance with payment-network rules applicable to your business, except where an applicable agreement expressly provides otherwise.

Subject to your compliance with these Terms and payment of applicable fees, Aptux grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right during the applicable subscription term to access and use the Services for your internal business purposes.

No ownership rights are transferred to you.

You may permit authorized employees, contractors, and other workforce members to use the Services on your behalf, subject to your subscription and these Terms.

You are responsible for ensuring that authorized users comply with these Terms.

Aptux and its licensors own all rights, title, and interest in and to the Services and related technology, including:

• software and source code;
• interfaces and designs;
• databases and data structures;
• workflows and functionality;
• documentation;
• text, graphics, logos, trademarks, and branding;
• models, algorithms, and technology developed by Aptux; and
• improvements, modifications, and derivative works of the foregoing,

excluding User Data as defined below and third-party materials.

Except for the limited rights expressly granted in these Terms, no licence or right is granted by implication, estoppel, or otherwise.

You may not remove or alter proprietary notices.

“User Data” means information, records, files, text, images, clinical information, patient information, and other content submitted to or stored in the Services by or on behalf of you or your authorized users.

As between Aptux and you, you retain ownership of your User Data, subject to the rights of patients and other persons under applicable law.

You grant Aptux a limited right to host, copy, transmit, display, modify, format, process, back up, and otherwise use User Data only as reasonably necessary to:

• provide, secure, maintain, and support the Services;
• comply with your lawful instructions;
• prevent fraud, abuse, or security incidents;
• comply with law; and
• exercise other rights expressly described in the Privacy Policy or an applicable agreement.

This licence does not transfer ownership of User Data to Aptux.

Subject to applicable law and contractual restrictions, Aptux may create and use de-identified, anonymized, or aggregated data that is not reasonably capable of identifying an individual.

Where legally permitted, Aptux may use such data for analytics, research, benchmarking, service improvement, product development, and development, training, testing, validation, evaluation, and improvement of AI and machine-learning technologies for physiotherapy and related healthcare applications.

Aptux will not rely on this section to use information in a manner prohibited by applicable health privacy law or an agreement governing Aptux's role as a service provider, processor, agent, electronic service provider, or similar entity.

Additional details are provided in the Privacy Policy.

If you voluntarily provide suggestions, ideas, enhancement requests, recommendations, or other feedback about Aptux or the Services (“Feedback”), you grant Aptux a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free right to use, reproduce, modify, commercialize, and otherwise exploit that Feedback without restriction or compensation.

This section does not give Aptux ownership of patient records or other User Data merely because that data is processed through the Services.

You must not, and must not permit another person to:

• use the Services for an unlawful, fraudulent, harmful, or abusive purpose;
• violate privacy, health-information, intellectual-property, consumer-protection, anti-spam, professional, or other applicable laws;
• access patient information without authorization;
• upload malicious code, malware, ransomware, or harmful material;
• interfere with the security, integrity, availability, or performance of the Services;
• bypass or defeat access controls, usage limits, or security measures;
• attempt to gain unauthorized access to accounts, systems, networks, or data;
• probe, scan, or test vulnerabilities except under a written Aptux security-testing authorization;
• scrape or systematically extract data from the Services except through functionality or APIs expressly provided by Aptux;
• reverse engineer, decompile, disassemble, or attempt to derive source code except to the limited extent such restriction is prohibited by law;
• copy, resell, sublicense, rent, lease, distribute, or commercially exploit the Services except as expressly permitted;
• use the Services to develop or train a competing product using Aptux proprietary materials, except where such restriction is prohibited by law;
• impersonate another person or misrepresent authorization;
• submit information you do not have the right to process;
• use AI Features to make unreviewed autonomous clinical decisions;
• use the Services to discriminate unlawfully or cause harm; or
• encourage or assist another person to do any of the foregoing.

Aptux may investigate suspected violations and may suspend or terminate access where reasonably necessary to protect the Services, users, patients, or others.

The Services may interoperate with third-party products and services.

If you enable a third-party integration, you authorize Aptux to exchange information with that third party as necessary to provide the integration.

Third-party services are governed by their own terms and privacy practices. Aptux does not control and is not responsible for third-party services, including their availability, security, functionality, or handling of information, except to the extent required by law.

Aptux may modify or discontinue an integration if the third-party provider changes or discontinues its service or if continued integration presents legal, security, operational, or commercial concerns.

We aim to provide reliable Services, but we do not guarantee uninterrupted or error-free operation unless a separate service-level agreement expressly states otherwise.

The Services may be unavailable because of:

• scheduled maintenance;
• emergency maintenance;
• software or infrastructure failures;
• internet or telecommunications failures;
• third-party service failures;
• security incidents;
• events beyond our reasonable control; or
• changes necessary to maintain legal, security, or technical compliance.

We may monitor the Services for security, performance, support, and compliance purposes in accordance with our Privacy Policy.

Support hours: Aptux provides support during normal business hours on weekdays. For support, contact getaptux@gmail.com. Aptux does not currently offer guaranteed response-time commitments.

Aptux may maintain backups and disaster-recovery processes as part of operating the Services.

Unless a separate agreement expressly states otherwise, you remain responsible for maintaining any independent copies, exports, or business-continuity procedures reasonably necessary for your practice and legal obligations.

Before terminating an account, you are responsible for exporting User Data that you are required to retain, subject to the export functionality and assistance available under your plan.

Data export period following termination: You have 30 days following termination to export User Data you are required to retain, using the export functionality available under your plan.
Deletion schedule following termination: After the export period, Aptux will delete or de-identify User Data within 90 days, except that patient and clinical records will be retained for at least the minimum retention period required by applicable law and the college of physiotherapists (or equivalent regulator) in the clinic's province, and except for information Aptux must retain where required by law, necessary to resolve disputes, or maintained temporarily in backups.

Aptux may retain information after termination where required by law, necessary to resolve disputes, or maintained temporarily in backups, subject to the Privacy Policy.

We may suspend access to all or part of the Services where reasonably necessary because of:

• an actual or suspected security threat;
• unauthorized or unlawful use;
• material breach of these Terms;
• overdue undisputed fees;
• use that threatens the Services or other users;
• a legal or regulatory requirement; or
• an emergency requiring immediate action.

Where reasonably practicable and legally permitted, we will provide notice and an opportunity to cure before suspension.

We will use reasonable efforts to limit a suspension to the affected account, user, feature, or activity.

These Terms remain in effect while you use the Services.

Subscription duration and renewal terms may be stated in an order form or separate subscription agreement.

You may terminate your account in accordance with your applicable subscription and cancellation terms.

Aptux may terminate these Terms or your access to the Services:

• for a material breach that is not cured within a reasonable period after notice, where cure is appropriate;
• immediately for serious unlawful, fraudulent, abusive, or security-threatening conduct;
• if required by law; or
• as otherwise permitted under an applicable subscription agreement.

Upon termination:

1. your right to access the Services ends, subject to any agreed export period;
2. amounts accrued before termination remain payable;
3. each party must continue to protect confidential information;
4. User Data will be handled according to the Privacy Policy and applicable agreements; and
5. provisions that by their nature should survive termination will survive, including intellectual property, confidentiality, payment obligations, disclaimers, limitations of liability, indemnification, dispute provisions, and miscellaneous terms.

Each party may receive non-public information from the other that is identified as confidential or that a reasonable person would understand to be confidential (“Confidential Information”).

Confidential Information includes business plans, security information, pricing not publicly available, software, technical information, and non-public User Data.

The receiving party will:

• use Confidential Information only as necessary to perform or exercise rights under the parties' agreement;
• protect it using reasonable care, and at least the care used for its own information of similar sensitivity; and
• disclose it only to personnel, contractors, professional advisers, and service providers who need to know it and are subject to appropriate confidentiality obligations.

Confidential Information does not include information that the receiving party can demonstrate:

• is or becomes public without breach;
• was lawfully known without confidentiality obligations;
• is received lawfully from another source without confidentiality obligations; or
• is independently developed without use of the other party's Confidential Information.

A party may disclose Confidential Information where legally required, subject to providing notice where legally permitted.

Our collection and processing of personal information is described in the Aptux Privacy Policy.

Where required or appropriate, Aptux and a clinic may enter into additional privacy, security, data-processing, or health-information agreements.

You agree to implement reasonable safeguards for devices, accounts, credentials, and networks used to access Aptux.

You must promptly notify Aptux at getaptux@gmail.com if you become aware of suspected unauthorized access to the Services or information processed through them.

Each party will comply with laws applicable to its own performance under these Terms.

You are responsible for determining the laws, professional standards, billing rules, clinical obligations, and recordkeeping requirements applicable to your practice and use of Aptux.

Aptux does not represent that use of the Services, by itself, makes a clinic compliant with every law, regulation, accreditation standard, professional requirement, or insurer requirement applicable to that clinic.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR WARRANTIES EXPRESSLY PROVIDED IN A SEPARATE WRITTEN AGREEMENT:

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

APTUX DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUALITY, ACCURACY, AND QUIET ENJOYMENT.

APTUX DOES NOT WARRANT THAT:

• THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE;
• ALL DEFECTS WILL BE CORRECTED;
• AI OUTPUTS WILL BE ACCURATE, COMPLETE, OR APPROPRIATE;
• THE SERVICES WILL SATISFY EVERY LEGAL, PROFESSIONAL, CLINICAL, BILLING, OR REGULATORY REQUIREMENT APPLICABLE TO YOU; OR
• THIRD-PARTY SERVICES OR INTEGRATIONS WILL REMAIN AVAILABLE.

Nothing in these Terms excludes warranties or rights that cannot legally be excluded.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER APTUX NOR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, OR SERVICE PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, APTUX'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE FEES PAID OR PAYABLE BY YOU TO APTUX FOR THE SUBSCRIPTION BILLING CYCLE IN WHICH THE EVENT GIVING RISE TO THE CLAIM OCCURRED.

The foregoing limitations do not apply to liability that cannot lawfully be excluded or limited. Any additional exclusions from the cap, such as confidentiality, privacy/security obligations, fraud, wilful misconduct, intellectual-property infringement, or indemnification obligations, should be stated in the applicable business agreement.

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Aptux and its affiliates, directors, officers, employees, and agents from third-party claims, damages, losses, liabilities, costs, and reasonable legal fees arising from or relating to:

• your unlawful or unauthorized use of the Services;
• your material breach of these Terms;
• your violation of applicable law or professional obligations;
• your infringement or violation of another person's rights;
• User Data you submit without lawful authority;
• your clinical services, treatment, advice, or professional decisions; or
• the acts or omissions of users you authorize.

Aptux will provide reasonable notice of an indemnified claim and reasonable cooperation, at your expense. You may not settle a claim in a manner that admits fault by Aptux or imposes obligations on Aptux without Aptux's written consent.

Any reciprocal or additional indemnification obligations may be set out in an order form, subscription agreement, or enterprise agreement.

If a third party claims that authorized use of the Services infringes its intellectual-property rights, Aptux may, at its option:

• obtain the right for you to continue using the affected Services;
• modify or replace the affected Services with materially equivalent functionality; or
• terminate the affected Services and provide any refund required by an applicable agreement.

Any specific Aptux intellectual-property indemnity will be governed by the applicable subscription or enterprise agreement.

These Terms are governed by the laws of Alberta and the federal laws of Canada applicable therein, without regard to conflict-of-law principles.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Nothing in this section limits any mandatory consumer or privacy rights that apply regardless of the chosen law.

Before starting formal proceedings, the parties will attempt in good faith to resolve a dispute by providing written notice describing the dispute and allowing at least 30 days for informal resolution.

You consent to receive agreements, notices, disclosures, invoices, and other communications electronically where permitted by law.

Electronic acceptance, signatures, records, and transactions may have the same legal effect as paper records and handwritten signatures to the extent permitted by applicable law.

You are responsible for maintaining a current email address for account communications.

We may update the Services and these Terms from time to time.

If we make material changes to these Terms, we will provide notice in a manner appropriate to the circumstances, such as through the Services or by email, where required.

Changes will take effect on the stated effective date. If applicable law requires affirmative consent to a change, we will request it.

Changes will not retroactively reduce rights or increase obligations for an already-paid subscription term where prohibited by applicable law or an applicable agreement.

You may not assign or transfer these Terms or your account without Aptux's prior written consent, except as otherwise provided in an enterprise agreement.

Aptux may assign these Terms in connection with a merger, acquisition, corporate reorganization, sale of substantially all relevant assets, or by operation of law, subject to applicable privacy and contractual requirements.

Neither party will be liable for delay or failure to perform an obligation, other than payment obligations, caused by events beyond its reasonable control, including natural disasters, severe weather, fire, epidemic, pandemic, war, terrorism, civil unrest, labour disputes, internet or telecommunications failures, utility failures, governmental action, cyberattacks by third parties, or failures of critical third-party infrastructure, provided the affected party uses reasonable efforts to mitigate the impact.

Aptux may provide notices to you through the Services, by email to the address associated with your account, or by another method permitted by an applicable agreement.

Legal notices to Aptux should be sent to:

Aptux
Email: getaptux@gmail.com

Notices are effective as provided by applicable law or the relevant agreement.

These Terms, together with the Privacy Policy and any applicable order form, subscription agreement, data-processing agreement, security addendum, or other incorporated terms, constitute the agreement governing the relevant Services.

If there is a conflict, the order of precedence will be:

1. a signed enterprise or subscription agreement;
2. an applicable order form;
3. an applicable data-processing, privacy, or security addendum for matters within its scope;
4. these Terms; and
5. policies incorporated by reference,

unless the applicable document expressly states otherwise.

If a provision is found unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain effective.

Failure to enforce a provision is not a waiver.

Headings are for convenience only.

Nothing in these Terms creates a partnership, joint venture, employment, fiduciary, or agency relationship between Aptux and a clinic except where a specific legal agency relationship concerning information processing is expressly required or established under applicable privacy law.

No third party has rights under these Terms unless expressly stated otherwise.

Questions about these Terms may be directed to:

Aptux
Email: getaptux@gmail.com
Website: aptux.ca