Terms of Service

1. Acceptance of Terms

By accessing or using NextEMR ("the Platform"), operated by TeKanAid Solutions Inc. ("we", "us", or "our"), you agree to be bound by these Terms of Service. If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization.

We reserve the right to update these Terms at any time. We will notify you of material changes via email or a prominent notice on the Platform. Continued use after changes constitutes acceptance.

2. Platform Description

NextEMR is a cloud-based electronic medical records platform designed for Canadian healthcare clinics. The Platform provides patient management, appointment scheduling, clinical documentation, billing, and AI-enhanced tools to support modern clinical workflows.

The Platform is designed for healthcare providers including physicians, nurse practitioners, and clinic administrators operating in Canada.

3. Account Registration & Organizations

To use the Platform, you must register an organizational account ("Tenant Account"). You agree to provide accurate, current, and complete information during registration and to keep it updated.

Each Tenant Account supports multiple users with the following roles:

• Owner: Full administrative control, billing management
• Admin: Manage team members, content, and settings
• Member: Access and manage labs and courses
• User: Access assigned learning content

You are responsible for maintaining the security of your account credentials and for all activity that occurs under your Tenant Account. Email verification is required before accessing the Platform.

4. Subscriptions & Billing

NextEMR offers subscription plans billed monthly or annually based on the number of providers at your clinic. All payments are processed securely through Stripe.

Auto-Renewal

Subscriptions renew automatically at the end of each billing period. You may cancel at any time; access continues until the end of the paid period.

Refunds

We offer a 30-day money-back guarantee for first-time subscribers. Refunds are processed within 10 business days. No refunds are issued for partial billing periods after the guarantee window.

Price Changes

We will provide at least 30 days' notice before any price changes. Changes apply at your next renewal date.

5. Permitted Use

The Platform is licensed for:

• Managing patient records and clinical documentation for your clinic
• Scheduling and appointment management for your healthcare team
• Billing and claims processing for insured and private-pay patients
• Using AI-enhanced features to support clinical workflows

6. Prohibited Use

You may not use the Platform to:

• Share account credentials between unauthorized users
• Store or transmit patient data outside the Platform in violation of applicable privacy law
• Scrape, harvest, or extract data from the Platform
• Attempt to gain unauthorized access to systems or other clinics' data
• Reverse-engineer, decompile, or disassemble the Platform software
• Resell or sublicense access to the Platform without a written agreement
• Transmit malware, viruses, or any harmful code
• Violate any applicable law or regulation, including PIPEDA, PHIPA, or other applicable health privacy legislation

7. Patient Data & Health Information

NextEMR is designed to store and process personal health information (PHI) in compliance with applicable Canadian privacy legislation. By using the Platform, you acknowledge:

• Your responsibility: You are the custodian of patient health information entered into the Platform and remain responsible for compliance with applicable privacy law
• Data residency: Patient data is stored in Canadian data centres by default
• Backups: We maintain regular backups; however, you are responsible for verifying that your data meets your retention and backup requirements
• Access controls: You are responsible for managing user access permissions within your clinic account
• Breach notification: You must notify us promptly if you become aware of any unauthorized access to patient data

8. Clinic Responsibilities

As a clinic account holder, you are responsible for:

• Ensuring all clinic users comply with these Terms of Service
• The accuracy and appropriateness of all patient data and clinical records entered into the Platform
• Managing your team members' access and permissions
• Compliance with applicable health privacy legislation (PIPEDA, PHIPA, or equivalent provincial legislation)
• Any claims arising from clinical decisions made using information from the Platform

TeKanAid Solutions Inc. is not liable for clinical decisions made by healthcare providers using the Platform.

9. AI Features

The Platform includes AI-enhanced features to assist with clinical documentation and workflows. By using AI features, you acknowledge:

• AI outputs are assistive tools only and do not constitute medical advice
• You are solely responsible for reviewing, verifying, and acting on any AI-generated content
• AI features are not a substitute for professional clinical judgment
• We will notify you of any third-party AI processors used and their data handling practices

10. Intellectual Property

Platform Software

TeKanAid Solutions Inc. retains all ownership rights to the Platform software, infrastructure, underlying technology, and any Platform-level content we create. You receive a limited, non-exclusive, non-transferable license to use the Platform during your subscription.

Tenant Content

All content you create on the Platform — including labs, courses, materials, and configurations — belongs entirely to you. We do not claim any ownership over your content.

By publishing content on the Platform, you grant TeKanAid Solutions Inc. a limited, non-exclusive, royalty-free license solely to host, store, and deliver that content to your authorized users. This license ends when you remove the content or terminate your account.

11. Termination

You may cancel your subscription and delete your account at any time through the Platform settings. Upon account deletion, your content and data will be removed within 30 days, subject to legal retention requirements.

We may suspend or terminate your access immediately if you violate these Terms, engage in fraudulent activity, pose a security risk, or fail to pay amounts owed. We will provide notice where reasonably practicable.

12. Disclaimers & Limitation of Liability

THE PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TEKANAID SOLUTIONS INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA, REVENUE, OR PROFITS.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNTS YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM.

13. Indemnification

You agree to defend, indemnify, and hold harmless TeKanAid Solutions Inc. and its officers, directors, and employees from and against any claims, damages, losses, and expenses (including legal fees) arising from: (a) your violation of these Terms; (b) content you publish on the Platform; (c) your end users' use or misuse of the Platform; or (d) your violation of any third-party rights.

14. Governing Law & Dispute Resolution

These Terms are governed by the laws of the Province of Ontario and applicable Canadian federal law, without regard to conflict of law principles.

Before initiating legal proceedings, both parties agree to attempt good-faith negotiation for at least 30 days. You waive any right to participate in a class action lawsuit or class-wide arbitration against us.

For users in the European Union, nothing in these Terms limits your rights under applicable consumer protection or data protection law, including the General Data Protection Regulation (GDPR).

15. Contact

If you have questions about these Terms, please contact us: