These Terms of Service ("Terms") govern your access to and use of the software services provided by Sky Health Technologies Inc. ("Sky Health", "we", "our", or "us"), including Sky Chamber EHR and Sky Claims (the "Services"). By creating an account or using the Services, you agree to be bound by these Terms.
The Services are intended for use by regulated healthcare practitioners, their authorized staff, and healthcare organizations in Canada. By using the Services, you represent that you have the legal authority to enter into these Terms on behalf of yourself or your organization.
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately at support@skyhealthtech.ca of any unauthorized access. We reserve the right to suspend or terminate accounts that violate these Terms.
Access to the Services requires a paid subscription after any applicable free trial period. Subscription fees are charged in Canadian dollars (CAD) and are non-refundable except as required by applicable law or as described in our refund policy. We may change our pricing with 30 days' notice. Continued use after a price change constitutes acceptance.
You agree to use the Services only for lawful purposes and in accordance with applicable professional obligations, including those imposed by your provincial regulatory college. You may not:
You, as a regulated healthcare practitioner, are the custodian of your patients' health records. Sky Health acts as a technology service provider processing personal health information on your behalf. You are responsible for ensuring that your use of the Services complies with applicable health information legislation in your province (including PHIPA, HIA, and equivalent statutes) and your regulatory college's standards for electronic records.
Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
The Services and all related software, designs, trademarks, and content are the property of Sky Health Technologies Inc. or its licensors. Nothing in these Terms grants you any right, title, or interest in the Services beyond the limited licence to use them in accordance with these Terms.
You retain all rights to data you enter into the Services, including patient records. You grant Sky Health a limited licence to process that data solely to provide the Services.
The Services may integrate with third-party services (provincial billing portals, payment processors, SMS providers, Google Sign-In). Your use of those services is governed by their own terms and privacy policies. Sky Health is not responsible for the availability or content of third-party services.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. SKY HEALTH DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. THE AI-ASSISTED FEATURES OF THE SERVICES (INCLUDING CLINICAL DOCUMENTATION ASSISTANCE AND BILLING CODE SUGGESTIONS) ARE DECISION-SUPPORT TOOLS ONLY AND DO NOT CONSTITUTE MEDICAL OR LEGAL ADVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKY HEALTH'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM. SKY HEALTH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
You agree to indemnify and hold harmless Sky Health Technologies Inc. and its officers, directors, employees, and agents from any claims, damages, or expenses (including reasonable legal fees) arising from your use of the Services, your violation of these Terms, or your violation of any applicable law or professional obligation.
These Terms remain in effect while you have an active account. Either party may terminate the agreement at any time. Upon termination, you may export your data for 30 days before it is deleted in accordance with our data retention policy. We may suspend your access immediately if we believe you are in material breach of these Terms.
These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any disputes shall be resolved in the courts of British Columbia.
We may update these Terms at any time. We will provide at least 30 days' notice of material changes by email. Continued use of the Services after the effective date of updated Terms constitutes acceptance.
Sky Health Technologies Inc.
Email: legal@skyhealthtech.ca
Support: support@skyhealthtech.ca