Our Terms of Service
Terms of Service
Last Updated: August 27, 2025
These Terms of Use (the “Terms”) are a binding contract between you or the entity you represent (collectively, “you”) and CheckIn Innovative Care Technologies Inc. d/b/a Nxtgen Care (together with its affiliates, “Nxtgen Care,” “we,” “our,” and “us”), a corporation incorporated under the laws of Canada. Please carefully review these Terms, as these Terms apply to your access to and use of our websites (including, without limitation, https://www.nxtgencare.ai/, and any other websites owned or controlled by us that link to these Terms) (each, a “Website” and collectively, the “Websites”) and any associated features, functionalities, user interfaces, downloads, applications, digital properties, AI services, and other online services (collectively with the Websites and all Nxtgen Care Property (as defined below), the “Services”) which are owned or controlled by us, and any content made available through the Services (“Content”).
These Terms apply to users in both the United States and Canada, and we comply with applicable laws in both jurisdictions, including the Personal Information Protection and Electronic Documents Act (PIPEDA) in Canada and relevant state and federal privacy laws in the United States.
In addition to these Terms, our Privacy Policy, and, in some instances, separate guidelines, rules, or terms that are posted on the Services or made available to you (individually and collectively, “Additional Terms”), apply to your access to and use of the Services, in whole or in part, and/or to Content made available through the Services, in whole or in part. In the event of a direct conflict between these Terms and any Additional Terms, the Additional Terms shall govern, but solely with respect to the Service(s) at issue.
These Terms apply to users in both the United States and Canada, and we comply with applicable laws in both jurisdictions, including the Personal Information Protection and Electronic Documents Act (PIPEDA) in Canada and relevant state and federal privacy laws in the United States.
In addition to these Terms, our Privacy Policy, and, in some instances, separate guidelines, rules, or terms that are posted on the Services or made available to you (individually and collectively, “Additional Terms”), apply to your access to and use of the Services, in whole or in part, and/or to Content made available through the Services, in whole or in part. In the event of a direct conflict between these Terms and any Additional Terms, the Additional Terms shall govern, but solely with respect to the Service(s) at issue.
BY CLICKING “I ACCEPT,” OR OTHERWISE DOWNLOADING, ACCESSING, OR USING ANY SERVICES, YOU ACKNOWLEDGE YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THESE TERMS AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS, INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 13, DO NOT DOWNLOAD, ACCESS, OR USE THE SERVICES OR ANY CONTENT MADE AVAILABLE THROUGH THE SERVICES.
1. ELIGIBILITY AND AGE REQUIREMENTS
In order to use the Services or access any Content, you must be 18 years or older (or the age of legal majority where you live) (the “Eligible Age”), or be at least 16 years old and have your parent’s or legal guardian’s consent. If you are under the age of 16, you are prohibited from accessing or using the Services or any Content made available through the Services.
2. MEDICAL DISCLAIMER
THE SERVICES DO NOT PROVIDE MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE. NOTHING STATED OR POSTED IN THE CONTENT OR SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE. THE CONTENT AND SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY.
THE AI-GENERATED CONTENT, RECOMMENDATIONS, AND ANALYSES PROVIDED THROUGH THE SERVICES ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE OBTAINED THROUGH THE CONTENT OR SERVICES.
RELIANCE ON THE SERVICES AND ANY CONTENT IS SOLELY AT YOUR OWN RISK. INFORMATION PROVIDED THROUGH THE CONTENT AND SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND ANY OF THE HEALTH PROFESSIONALS AFFILIATED WITH THE SERVICES OR CONTENT (IF ANY).
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
THE AI-GENERATED CONTENT, RECOMMENDATIONS, AND ANALYSES PROVIDED THROUGH THE SERVICES ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE OBTAINED THROUGH THE CONTENT OR SERVICES.
RELIANCE ON THE SERVICES AND ANY CONTENT IS SOLELY AT YOUR OWN RISK. INFORMATION PROVIDED THROUGH THE CONTENT AND SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND ANY OF THE HEALTH PROFESSIONALS AFFILIATED WITH THE SERVICES OR CONTENT (IF ANY).
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
3. CHANGES TO TERMS
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to the Services and update the “Last Updated” date above. We may also attempt to notify you by other means, including by displaying a prominent notice within the Services, as applicable and appropriate under the circumstances. Unless we say otherwise in our notice, the amended Terms will be effective immediately upon posting and your continued access to or use of the Services or Content after the changes have been posted will constitute your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing or using the Services and any Content made available through the Services.
If you have any questions about these Terms or the Services, please address them to support@nxtgencare.com.
If you have any questions about these Terms or the Services, please address them to support@nxtgencare.com.
4. USER ACCOUNTS AND AUTHORIZATION
You must be at least 16 years of age to access or use the Services or Content. If you are at least 16 years old but under the Eligible Age, you may only access or use the Services or Content under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of an authorized user of the Services and/or Content (each, a “User”) who is under the Eligible Age, you agree to be fully responsible for the acts or omissions of such User in connection with the Services and Content.
If you are accessing or using the Services or Content on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person’s or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
In order to access some or all of the Services, you may need to create an account with the Services. If you register for an account, you agree to provide accurate account information and promptly update this information if it changes. You are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity – and you agree not to sell, transfer, or assign your account or any account rights to any third party. You also agree to maintain the security of your account credentials, and promptly notify us if you discover or suspect that someone has accessed your account or any of your account credentials without your permission.
If you register an account on behalf of a company, the terms “you” and “your,” as used throughout these Terms, apply to both you and that company, and you agree that you are authorized to grant all permissions and licenses provided in these Terms (and any Additional Terms) and to bind that company to these Terms (and any Additional Terms).
If you are accessing or using the Services or Content on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person’s or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
In order to access some or all of the Services, you may need to create an account with the Services. If you register for an account, you agree to provide accurate account information and promptly update this information if it changes. You are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity – and you agree not to sell, transfer, or assign your account or any account rights to any third party. You also agree to maintain the security of your account credentials, and promptly notify us if you discover or suspect that someone has accessed your account or any of your account credentials without your permission.
If you register an account on behalf of a company, the terms “you” and “your,” as used throughout these Terms, apply to both you and that company, and you agree that you are authorized to grant all permissions and licenses provided in these Terms (and any Additional Terms) and to bind that company to these Terms (and any Additional Terms).
5. ELECTRONIC COMMUNICATIONS
When you communicate with us electronically, such as via email or through the Services, you consent to receive electronic communications from Nxtgen Care in accordance with applicable law and any Additional Terms, including text messages, calls, and push notifications to the cellular telephone number you provide to us. These communications may include notices about products or services we provide (e.g., payment authorizations and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.
6. PRIVACY POLICY
By downloading, accessing, or using the Services or Content, you acknowledge and accept our Privacy Policy ([www.nxtgencare.ai/privacy-policy]), which discloses how we collect, use, and disclose information about you, including health-related data and AI training data usage.
For Canadian Users: We comply with the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy legislation. We will only collect, use, and disclose your personal information for purposes that a reasonable person would consider appropriate in the circumstances and with your consent, except where otherwise permitted or required by law.
For US Users: We comply with applicable federal and state privacy laws, including HIPAA where applicable, and state consumer privacy laws such as the California Consumer Privacy Act (CCPA) where applicable.
For Canadian Users: We comply with the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy legislation. We will only collect, use, and disclose your personal information for purposes that a reasonable person would consider appropriate in the circumstances and with your consent, except where otherwise permitted or required by law.
For US Users: We comply with applicable federal and state privacy laws, including HIPAA where applicable, and state consumer privacy laws such as the California Consumer Privacy Act (CCPA) where applicable.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 Nxtgen Care Property
The Services contain a variety of: (i) materials and other items relating to Nxtgen Care and its products and services (and similar items from our licensors and other third parties), including all Content, AI models, algorithms, layout, information, blog posts, articles, reports, demos, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Services, and the compilation, assembly, and arrangement of the materials of the Services and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of Nxtgen Care (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively, “Nxtgen Care Property”).
7.2 Ownership The Services (including past, present, and future versions) are owned or controlled by Nxtgen Care and our licensors and certain other third parties. All right, title, and interest in and to the Nxtgen Care Property is the property of Nxtgen Care or our licensors or certain other third parties, and is protected by U.S. and/or international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws. Except as explicitly stated in these Terms or any Additional Terms, Nxtgen Care, our licensors, and such other third parties reserve all rights in and to the Services.
7.3 Limited License Nxtgen Care Property is licensed, not sold, to you by Nxtgen Care. Subject to your strict compliance with these Terms and any Additional Terms, Nxtgen Care hereby grants to you a limited, non-exclusive, revocable, non-assignable, non-sublicensable, personal, non-transferable license to perform and/or display the Nxtgen Care Property (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on supported devices for your personal, non-commercial use, or internal business purposes only solely through the Services or as otherwise expressly permitted by Nxtgen Care, and to download such Nxtgen Care Property (temporary storage only) solely to enable such performance and display (the “Limited License”). The Limited License shall remain in effect until and unless terminated by you or Nxtgen Care.
7.4 Limitations Unless specifically indicated otherwise, you may not sell, rent, lease, distribute, broadcast, publicly perform, publicly display, sublicense, or assign any rights to the Nxtgen Care Property or any portion of it to any third party, and you may not remove or modify any proprietary notices or labels on the Nxtgen Care Property or otherwise make any derivative uses of the Services. In addition, you may not use any data mining, robots, or similar data gathering or extraction methods or attempt to bypass, modify, defeat, or otherwise circumvent any digital rights management system or other content protection or features used as part of the Services. Any use of the Services other than as specifically authorized in these Terms (and any Additional Terms), without our prior written permission, is strictly prohibited and will automatically terminate the Limited License.
The Services contain a variety of: (i) materials and other items relating to Nxtgen Care and its products and services (and similar items from our licensors and other third parties), including all Content, AI models, algorithms, layout, information, blog posts, articles, reports, demos, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Services, and the compilation, assembly, and arrangement of the materials of the Services and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of Nxtgen Care (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively, “Nxtgen Care Property”).
7.2 Ownership The Services (including past, present, and future versions) are owned or controlled by Nxtgen Care and our licensors and certain other third parties. All right, title, and interest in and to the Nxtgen Care Property is the property of Nxtgen Care or our licensors or certain other third parties, and is protected by U.S. and/or international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws. Except as explicitly stated in these Terms or any Additional Terms, Nxtgen Care, our licensors, and such other third parties reserve all rights in and to the Services.
7.3 Limited License Nxtgen Care Property is licensed, not sold, to you by Nxtgen Care. Subject to your strict compliance with these Terms and any Additional Terms, Nxtgen Care hereby grants to you a limited, non-exclusive, revocable, non-assignable, non-sublicensable, personal, non-transferable license to perform and/or display the Nxtgen Care Property (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on supported devices for your personal, non-commercial use, or internal business purposes only solely through the Services or as otherwise expressly permitted by Nxtgen Care, and to download such Nxtgen Care Property (temporary storage only) solely to enable such performance and display (the “Limited License”). The Limited License shall remain in effect until and unless terminated by you or Nxtgen Care.
7.4 Limitations Unless specifically indicated otherwise, you may not sell, rent, lease, distribute, broadcast, publicly perform, publicly display, sublicense, or assign any rights to the Nxtgen Care Property or any portion of it to any third party, and you may not remove or modify any proprietary notices or labels on the Nxtgen Care Property or otherwise make any derivative uses of the Services. In addition, you may not use any data mining, robots, or similar data gathering or extraction methods or attempt to bypass, modify, defeat, or otherwise circumvent any digital rights management system or other content protection or features used as part of the Services. Any use of the Services other than as specifically authorized in these Terms (and any Additional Terms), without our prior written permission, is strictly prohibited and will automatically terminate the Limited License.
8. PROHIBITED CONDUCT
You are solely responsible for your conduct while accessing or using the Services. You agree that you will not:
- Use the Services for any unlawful purpose or in violation of any local, state, national, or international law
- Violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right
- Interfere with security-related features of the Services
- Interfere with the operation of the Services or any user’s enjoyment of the Services
- Perform any fraudulent activity including impersonating any person or entity
- Upload, post, or otherwise make available any content that contains software viruses, malware, or any other malicious code
- Attempt to gain unauthorized access to the Services, other computer systems, or networks connected to the Services
- Use the Services to train competing AI models or create derivative AI systems
- Share protected health information (PHI) without proper authorization
- Input false, misleading, or inaccurate health information
- Use the Services to provide medical advice to others without proper licensing
- Attempt to reverse engineer, decompile, or disassemble any AI models or proprietary algorithms
9. USER CONTENT AND DATA
9.1 User-Generated Content
You may be able to submit, upload, or otherwise provide content, data, information, or materials (“User Content”) through the Services. You retain ownership of your User Content, but by submitting User Content to the Services, you grant Nxtgen Care a worldwide, royalty-free, non-exclusive, sublicensable license to use, copy, modify, distribute, and display such User Content in connection with operating and providing the Services.
9.2 Health Data Usage
By using the Services, you acknowledge that health-related data you provide may be used to improve our AI models and Services, subject to our Privacy Policy and applicable healthcare privacy laws including HIPAA (US) and provincial health information acts (Canada).
Canadian Users: In accordance with PIPEDA and applicable provincial health information protection acts, we will obtain your meaningful consent before using your health information for purposes beyond providing the Services, including AI training and research. You have the right to withdraw consent at any time, subject to legal or contractual restrictions.
US Users: We comply with HIPAA where applicable and other relevant health data protection laws. Where HIPAA applies, we will obtain appropriate authorizations for uses and disclosures of protected health information beyond treatment, payment, and healthcare operations. You consent to the de-identification and aggregation of your health data for research and development purposes, in accordance with applicable laws.
9.3 AI Training You understand that interactions with our AI Services may be used to train and improve our AI models, subject to appropriate privacy protections and de-identification procedures outlined in our Privacy Policy.
You may be able to submit, upload, or otherwise provide content, data, information, or materials (“User Content”) through the Services. You retain ownership of your User Content, but by submitting User Content to the Services, you grant Nxtgen Care a worldwide, royalty-free, non-exclusive, sublicensable license to use, copy, modify, distribute, and display such User Content in connection with operating and providing the Services.
9.2 Health Data Usage
By using the Services, you acknowledge that health-related data you provide may be used to improve our AI models and Services, subject to our Privacy Policy and applicable healthcare privacy laws including HIPAA (US) and provincial health information acts (Canada).
Canadian Users: In accordance with PIPEDA and applicable provincial health information protection acts, we will obtain your meaningful consent before using your health information for purposes beyond providing the Services, including AI training and research. You have the right to withdraw consent at any time, subject to legal or contractual restrictions.
US Users: We comply with HIPAA where applicable and other relevant health data protection laws. Where HIPAA applies, we will obtain appropriate authorizations for uses and disclosures of protected health information beyond treatment, payment, and healthcare operations. You consent to the de-identification and aggregation of your health data for research and development purposes, in accordance with applicable laws.
9.3 AI Training You understand that interactions with our AI Services may be used to train and improve our AI models, subject to appropriate privacy protections and de-identification procedures outlined in our Privacy Policy.
10. UNSOLICITED SUBMISSIONS
Nxtgen Care does not accept or consider unsolicited information, drawings, comments, suggestions, ideas, proposals, or concepts (collectively, “Unsolicited Submissions”). Nxtgen Care requests that you do not submit any Unsolicited Submissions. However, by submitting Unsolicited Submissions to us on or through the Services, you hereby grant to Nxtgen Care a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid license to use, copy, record, disclose, sell, resell, sublicense, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, broadcast, translate, publicly display, and otherwise use and exploit all or any portion of your Unsolicited Submissions.
11. THIRD-PARTY CONTENT
Certain Services may display, include, or make available content, data, information, applications, plugins, or materials from third parties (“Third-Party Materials”) or provide links to certain third-party websites. By using the Services, you acknowledge and agree that Nxtgen Care is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such Third-Party Materials or third-party websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third-Party Materials or third-party websites.
12. INDEMNIFICATION
To the fullest extent permitted by applicable law, you will indemnify, defend (at Nxtgen Care’s option), and hold harmless Nxtgen Care and its parents, subsidiaries and other affiliates, and each of their respective officers, directors, employees, agents, third-party providers, licensors, partners and successors and assigns (individually and collectively, the “Nxtgen Care Parties”) from and against any losses, liabilities, damages, penalties, expenses, and costs (including reasonable attorneys’ fees) incurred in connection with any third-party claim arising out of or related to your actual or alleged violation of these Terms or any Additional Terms.
13. DISCLAIMERS
YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND NXTGENCARE PROPERTY ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND WE DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES.
NXTGEN CARE DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. AI-GENERATED CONTENT MAY CONTAIN ERRORS, INACCURACIES, OR BIASES. WHILE NXTGEN CARE ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NXTGEN CARE DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. AI-GENERATED CONTENT MAY CONTAIN ERRORS, INACCURACIES, OR BIASES. WHILE NXTGEN CARE ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
14. LIMITATION OF LIABILITY
Except for liability caused by your or Nxtgen Care’s gross negligence or willful misconduct, and without limiting your obligations under Section 12 (Indemnification), to the fullest extent permitted by applicable law, neither you nor the Nxtgen Care Parties will be liable to the other under any theory of liability for any indirect, consequential, exemplary, incidental, punitive or special damages, lost profits, or loss of data.
To the fullest extent permitted by applicable law, the aggregate liability of the Nxtgen Care Parties for any claim arising out of or relating to these Terms, any Additional Terms or the Services, regardless of the form of the action, is limited to the greater of (a) $100 US Dollars or (b) the amount you have paid to us for use of the Services in the twelve months preceding the date on which the claim arose.
To the fullest extent permitted by applicable law, the aggregate liability of the Nxtgen Care Parties for any claim arising out of or relating to these Terms, any Additional Terms or the Services, regardless of the form of the action, is limited to the greater of (a) $100 US Dollars or (b) the amount you have paid to us for use of the Services in the twelve months preceding the date on which the claim arose.
15. DISPUTE RESOLUTION AND ARBITRATION
Please read the following section carefully as it affects your legal rights.
General Dispute Resolution: We encourage users to first contact us directly to resolve any disputes. We are committed to resolving issues fairly and efficiently.
For Canadian Users: Any disputes arising from these Terms or the Services that cannot be resolved directly shall be resolved in accordance with the laws of Nova Scotia, Canada. You retain all rights available under Canadian law, including the right to pursue disputes through the courts or applicable provincial dispute resolution mechanisms.
For US Users: While these Terms are governed by Canadian law, US users may pursue resolution through:
General Dispute Resolution: We encourage users to first contact us directly to resolve any disputes. We are committed to resolving issues fairly and efficiently.
For Canadian Users: Any disputes arising from these Terms or the Services that cannot be resolved directly shall be resolved in accordance with the laws of Nova Scotia, Canada. You retain all rights available under Canadian law, including the right to pursue disputes through the courts or applicable provincial dispute resolution mechanisms.
For US Users: While these Terms are governed by Canadian law, US users may pursue resolution through:
- Direct negotiation with Nxtgen Care
- Mediation through a mutually agreed upon mediator
- Courts of competent jurisdiction in Nova Scotia Canada
- Small claims court in your local jurisdiction for qualifying claims
Mandatory arbitration clauses may not be enforceable against US consumers under certain state consumer protection laws, and we respect those protections.
General: Any claim arising out of or related to these Terms, any Additional Terms, or the Services must be filed within the applicable limitation period under the governing law; otherwise, the claim may be barred.
16. GOVERNING LAW AND JURISDICTION
These Terms, any Additional Terms, and your access to and use of the Services will be governed by and construed in accordance with the laws of [Province], Canada, and the federal laws of Canada applicable therein, without regard to conflict of law principles.
For Canadian Users: Any disputes will be subject to the jurisdiction of the courts of Nova Scotia, Canada. For US Users:
Disputes may be resolved in the courts of Nova Scotia, Canada, or in a jurisdiction mutually agreed upon by the parties. US users acknowledge that these Terms are governed by Canadian law.
Consumer Protection: Nothing in these Terms limits your rights under applicable consumer protection laws in your jurisdiction, including the Competition Act and provincial consumer protection acts in Canada, or state consumer protection laws in the United States.
For Canadian Users: Any disputes will be subject to the jurisdiction of the courts of Nova Scotia, Canada. For US Users:
Disputes may be resolved in the courts of Nova Scotia, Canada, or in a jurisdiction mutually agreed upon by the parties. US users acknowledge that these Terms are governed by Canadian law.
Consumer Protection: Nothing in these Terms limits your rights under applicable consumer protection laws in your jurisdiction, including the Competition Act and provincial consumer protection acts in Canada, or state consumer protection laws in the United States.
17. TERMINATION
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Services or Content available through the Services, in whole or in part. We are not responsible for any loss or harm related to your inability to access or use the Services or any Content available through the Services.
18. SEVERABILITY
If any provision or part of a provision of these Terms or any Additional Terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable and does not affect the validity and enforceability of any remaining provisions.
19. EXPORT CONTROLS AND CROSS-BORDER DATA
Export Controls: Software related to or made available by the Services may be subject to export controls of the U.S.A., Canada, or similar laws applicable in other jurisdictions. You warrant that you are (1) not located in any country to which the United States or Canada has embargoed goods or has otherwise applied any economic sanctions; and (2) not a denied party as specified in any applicable export or re-export laws or regulations.
Cross-Border Data Transfer: For Canadian Users: We maintain servers in Canada. However, there may be circumstances where we may need to transfer your personal information to service providers located outside Canada, including the United States, for processing and storage. When we do so, we ensure appropriate safeguards are in place in accordance with PIPEDA requirements. You consent to such transfers, subject to the protections outlined in our Privacy Policy.
For US Users: We maintain separate servers in US. However, there may be circumstances where we may need to transfer your personal information internationally for processing and storage, subject to appropriate safeguards and in accordance with applicable data protection laws.
Cross-Border Data Transfer: For Canadian Users: We maintain servers in Canada. However, there may be circumstances where we may need to transfer your personal information to service providers located outside Canada, including the United States, for processing and storage. When we do so, we ensure appropriate safeguards are in place in accordance with PIPEDA requirements. You consent to such transfers, subject to the protections outlined in our Privacy Policy.
For US Users: We maintain separate servers in US. However, there may be circumstances where we may need to transfer your personal information internationally for processing and storage, subject to appropriate safeguards and in accordance with applicable data protection laws.
20. ENTIRE AGREEMENT
These Terms and any Additional Terms constitute the entire agreement between you and Nxtgen Care relating to your download of, access to, and/or use of the Services or any Content available through the Services. The failure of Nxtgen Care to exercise or enforce any right or provision of these Terms or any Additional Terms will not operate as a waiver of such right or provision.
Contact Information: For questions about these Terms of Service, please contact us at:
- Email: support@nxtgencare.com
- Address: 300 Prince Albert Road, Dartmouth Nova Scotia, Canada B2Y 4J2
- Phone: 902-802-4533
Canadian Users: If you have concerns about our privacy practices that we cannot resolve, you may contact the Office of the Privacy Commissioner of Canada at: www.priv.gc.ca
US Users: If you have concerns about our privacy practices, you may contact relevant state or federal regulatory authorities as applicable to your situation. Please note that Nxtgen Care is a Canadian company subject to Canadian privacy laws.