Effective Date: April 2, 2024

Please read these terms and conditions carefully before using the Flourish Health platform(“application”, “service”) operated by Flourish Healthcare/ Sharma Health Technologies Ltd. (“us”, ‘we”, “our”).

Conditions of use

By using this platform, you certify that you have read and reviewed this Agreement and that you agree to comply with its terms. If you do not want to be bound by the terms of this Agreement, you are advised to leave the platform accordingly. Flourish Healthcare/Sharma Health Technologies Ltd. only grants use and access of this platform, its products, and its services to those who have accepted its terms.

Privacy policy

Before you continue using our website, we advise you to read our privacy policy regarding our user data collection. It will help you better understand our practices.

Age restriction

You must be at least 18 (eighteen) years of age before you can use this platform. By using this platform, you warrant that you are at least 18 years of age and you may legally adhere to this Agreement. Flourish Healthcare/Sharma Health Technologies Ltd. assumes no responsibility for liabilities related to age misrepresentation.

Medical emergency

Do NOT use the Website for medical emergencies. If you have a medical emergency, call a physician or qualified healthcare provider, or CALL 911 immediately. Under no circumstances should you attempt self-treatment based on anything you have seen or read on or through the Flourish Health platform.

General information is not medical advice 

By using the Flourish Health platform you acknowledge that your medical history is unique to you and any recommendation given through use of the platform shall constitute as general information. The general information provided on the platform is for informational purposes only and is not professional medical advice, diagnosis, treatment, or care, nor is it intended to be a substitute therefore. Always seek the advice of your physician or other qualified health provider properly licensed to practice medicine or general healthcare in your jurisdiction concerning any questions you may have regarding any information obtained from the use of this platform and any medical condition you believe may be relevant to you or to someone else. 

Never disregard professional medical advice or delay in seeking it because of something you have read on this platform. Always consult with your physician or other qualified healthcare provider before embarking on a new treatment, diet, or fitness program. Information obtained through the use of the Flourish Health platform is not exhaustive and does not cover all diseases, ailments, physical conditions, or their treatment. 

No physician-patient relationship 

The presentation of general information on the Flourish Health platform does not establish a physician-patient relationship between you and Sharma Health Technologies Ltd. (or any of its physicians) and is not intended as a solicitation of individuals to become patients or clients of Flourish Healthcare/Sharma Health Technologies (or any of its physicians). You acknowledge that any medical history provided by you through the use of the platform is not a comprehensive medical evaluation by a physician.

Intellectual property

You agree that all materials, products, and services provided on this website are the property of Flourish Healthcare/Sharma Health Technologies Ltd., its affiliates, directors, officers, employees, agents, suppliers, or licensors including all copyrights, trade secrets, trademarks, patents, and other intellectual property. You also agree that you will not reproduce or redistribute Flourish Healthcare/Sharma Medical Technologies Ltd. intellectual property in any way, including electronic, digital, or new trademark registrations.

You grant Flourish Healthcare/Sharma Health Technologies Ltd.  a royalty-free and non-exclusive license to display, use, copy, transmit, and broadcast the content you upload and publish. For issues regarding intellectual property claims, you should contact the company in order to come to an agreement.

User accounts

As a user of this platform, you may be asked to register with us and provide private information. You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your identifying information. You are also responsible for all activities that occur under your account or password.

If you think there are any possible issues regarding the security of your account on the website, inform us immediately so we may address them accordingly.

We reserve all rights to terminate accounts, edit or remove content and cancel orders at our sole discretion.

Security

Any information sent or received over the Internet is generally not secure. Flourish Healthcare/Sharma Health Technologies Ltd. cannot guarantee the security or confidentiality of any communication to or from the Flourish Health platform. Users of this platform are encouraged to not use their full, legal names during registration and should use an identifier that should be kept confidential. You acknowledge that neither Flourish Healthcare/Sharma Health Technologies Ltd. nor any physician(s) or healthcare providers employed by Flourish Healthcare/Sharma Health Technologies Ltd. are considered your healthcare providers and are not covered entities under HIPAA ( Health Insurance Portability and Accountability Act).

Tools 

Any tools or calculators provided on the Flourish Health platform are provided for general and illustrative purposes only. Such tools and/ or calculators are not medical advice nor are they intended to be a substitute therefore. You should not act or abstain from acting based on any information provided by any such tool or calculator available on this platform.

Applicable law and Jurisdiction 

By using this platform, you agree that the laws of Ontario, Canada, without regard to principles of conflict laws, will govern these terms and conditions, or any dispute of any sort that might come between Flourish Healthcare/Sharma Health Technologies Ltd. and you, or its business partners and associates.

The platform is operated by Flourish Healthcare/Sharma Health Technologies Ltd. from its offices within the province of Ontario, Canada. The physician(s) who were responsible for the creation of the Flourish Health platform are not licensed by The College of Physician and Surgeons to practice medicine in Canada.

You agree that all matters relating to your access or use of the platform and its Content shall be governed by the laws of the province or territory of Ontario and the laws of Canada applicable therein, without regard to conflict of laws principles. You agree and hereby submit to the exclusive and preferential jurisdiction of the courts of the province of Ontario with respect to all matters relating to your access and use of the platform and the Content as well as any dispute that may arise therefrom and that the applicable law shall be the law of the province of Ontario and of Canada.

Regulatory Compliance

Flourish AI is steadfast in its commitment to compliance with the regulatory guidelines set by the Personal Information Protection and Electronic Documents Act (PIPEDA) of Canada and the Health Insurance Portability and Accountability Act (HIPAA) of the United States. 

Disputes

Any dispute related in any way to your visit to this website or to products you purchase from us shall be arbitrated by state/provincial or federal court Ontario, Canada and you consent to exclusive jurisdiction and venue of such courts.

Indemnification

You agree to indemnify, defend, and hold harmless Flourish Healthcare/ Sharma Health Technologies Ltd. and its physicians, officers, directors, employees, agents, licensors, and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from (i) your breach of any of the terms and conditions of this Agreement; (ii) your access to, use, misuse, reliance upon, or inability to access or use the platform, the Content, or any Website to which the Flourish Health platform is or may be linked to from time to time or; (iii) your use of, reliance on, publication, communication, distribution, uploading, or downloading of anything (including the Content) on or from the platform.

Limitation on liability

Flourish Healthcare/Sharma Health Technologies Ltd. is not liable for any damages that may occur to you as a result of your misuse of our platform.

In no event shall Sharma Health Technologies Ltd., its physicians, officers, directors, employees, agents, licensors, and their respective successors and assigns be liable for damages of any kind, including, without limitation, any direct, special, indirect, punitive, incidental, or consequential damages including, without limitation, any loss or damages in the nature of, or relating to, lost business, medical injury, personal injury, wrongful death, improper diagnosis, inaccurate information, improper treatment, or any other loss incurred in connection with your use, misuse, or reliance upon the Flourish Health platform or the Content, or your inability to use the platform, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if Flourish Healthcare/Sharma Health Technologies Ltd. knew of or ought to have known of the possibility of such damages. 

Flourish Healthcare/Sharma Health Technologies Ltd. also expressly disclaims any and all liability for the acts, omissions, and conduct of any third-party user of the platform, or any advertiser or sponsor of the platform(“third-party”). Under no circumstances shall Flourish Healthcare/ Sharma Health Technologies Ltd., its physicians, officers, directors, employees, agents, licensors, and their respective successors and assigns, be liable for any injury, loss, damage (including direct, special, indirect, punitive, incidental, or consequential damages), or expense arising in any manner whatsoever from (i) the acts, omissions, or conduct of any third-party; and (ii) any access, use, reliance upon, or inability to use any materials, content, goods, or services located at, or made available at, any Website linked to or from the Flourish Health platform, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if Sharma Health Technologies Ltd. or any employees of the company knew of or ought to have known of the possibility of such damages.

Flourish Healthcare/Sharma Health Technologies Ltd. reserves the right to edit, modify, and change this Agreement at any time. We shall let our users know of these changes through electronic mail. This Agreement is an understanding between Flourish Healthcare/ Sharma Health Technologies Ltd.] and the user, and this supersedes and replaces all prior agreements regarding the use of this platform.

Data Transmission

Should you be onboarded to Flourish AI via a medical practitioner, you hereby grant explicit consent for your health report to be transmitted to the respective medical practitioner using secure eFax, abiding by stringent confidentiality and security norms set by HIPAA and PIPEDA.

Waiver 

Any consent by Flourish Healthcare/ Sharma Health Technologies Ltd. to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of any other, different or subsequent breach.

Severability

The invalidity or unenforceability of any provision of this Agreement or any covenant contained herein shall not affect the validity or enforceability of any other provision or covenant contained herein and any such invalid provision or covenant shall be deemed severable from the rest of this Agreement. 

Notice 

Questions or comments regarding the platform should be directed by email to karn@letsflourish.ai.

Termination 

Flourish Healthcare/ Sharma Health Technologies Ltd. may, in its sole discretion, cancel or terminate your right to use the Flourish Health platform, or any part of the platform, at any time without notice. In the event of termination, you are no longer authorized to access the platform, or the part of the platform affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the platform and the disclaimers and limitations of liabilities set forth in this Agreement, shall survive termination of this Agreement. The Owner shall not be liable to any party for such termination. 

Entire Agreement

This is the entire Agreement between you and Flourish Healthcare/Sharma Health Technologies Ltd. relating to your access and use of the Flourish Health platform.