Terms of Service

By creating an account, clicking to accept these Terms, or using the services, you agree to be bound by these Terms and our Privacy Policy, incorporated by reference. If you use the services on behalf of a clinic or other organization, you represent that you have authority to bind that entity, and “you” includes the entity.

You must be at least the age of majority in your province or territory of residence and capable of entering a binding contract. The services are offered in Canada unless we expressly state otherwise for a particular program.

You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. You must provide accurate registration information and keep it current. Notify us promptly of any unauthorized use or security incident.

You agree not to:

• Violate applicable law or third-party rights;
• Upload malware, probe or test vulnerabilities, or interfere with the integrity or performance of the services;
• Scrape, harvest, or automate access to the services in a way that impairs stability or bypasses technical limits;
• Misrepresent identity, credentials, or affiliation — including during clinic verification; or
• Use the services to store or transmit regulated health information in violation of your professional obligations, except where separately agreed in writing with appropriate controls.

We may investigate violations and cooperate with law enforcement as permitted by law.

Payments are processed by Stripe Payments Canada, Ltd. By enabling payments, you agree to the Stripe Connected Account Agreement.

Disputes and chargebacks on payments collected through Medfair are the responsibility of the clinic, consistent with Stripe’s standard processing rules.

Medfair charges a platform fee on payments collected from your patients or payers through Medfair-issued payment links. The current fee is 0.2% + $0.00 CAD per successful transaction, charged in addition to Stripe’s standard processing fees (Stripe’s 2.9% + $0.30 CAD, for a combined 3.1% + $0.30 CAD on a domestic card). Any change to this fee will be disclosed at least thirty (30) days in advance.

When a transaction is refunded (in whole or in part), Medfair’s platform fee is non-refundable and is retained. Stripe’s own processing fees follow the Stripe Connected Account Agreement.

Payout timing, settlement, and payment-method availability are determined by Stripe and your connected account status. Medfair does not guarantee continuous availability of any payment feature.

Medfair and its licensors own all right, title, and interest in the services, software, branding, and content we provide (excluding your data and third-party materials). Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the services for your internal business purposes during your subscription or access period.

You retain ownership of information you submit. You grant Medfair a worldwide license to host, process, transmit, and display your information solely as needed to provide and improve the services and as described in our Privacy Policy.

We may suspend or terminate access to the services if you materially breach these Terms, create risk or possible legal exposure, or if required by law. You may stop using the services at any time. Provisions that by their nature should survive (including payment obligations accrued, indemnity, limitations, and dispute terms) will survive termination.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEDFAIR DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MEDFAIR, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, 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 APPLICABLE LAW, MEDFAIR’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO MEDFAIR FOR THE SERVICES IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO MEDFAIR.

Some jurisdictions do not allow certain limitations; in those cases, our liability is limited to the fullest extent permitted by law.

You will defend, indemnify, and hold harmless Medfair and its affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to your use of the services, your data, your violation of these Terms, or your violation of third-party rights — except to the extent a claim arises from Medfair’s gross negligence or willful misconduct.

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-laws rules that would require application of another jurisdiction’s laws.

The parties will first attempt in good faith to resolve any dispute informally. If the dispute cannot be resolved within thirty (30) days, either party may bring legal proceedings exclusively in the courts located in Toronto, Ontario, and you consent to personal jurisdiction there. Notwithstanding the foregoing, Medfair may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

We may modify the services or these Terms from time to time. We will post updated Terms on this page and revise the “Updated” date. If a change is material, we will provide additional notice as appropriate (which may include email or an in-product notice). Continued use after the effective date constitutes acceptance of the updated Terms, except where prohibited by law.

For questions about these Terms, contact legal@medfair.ca.