TERMS OF SERVICE

DO NOT USE HIPPO MD, IF YOU ARE EXPERIENCING AN EMERGENCY OR REQUIRE IMMEDIATE ATTENTION, SUCH AS BUT NOT LIMITED TO SERIOUS INJURY, LOSS OF CONSCIOUSNESS, CHEST PAINS, TROUBLE BREATHING, SERIOUS ALLERGIC REACTION, POTENTIALLY LIFE-THREATENING INFECTIOUS DISEASE AFTER TRAVEL TO AFFLICTED AREAS AS PER OFFICIAL AUTHORITIES OR UNCONTROLLABLE BLEEDING. IF YOU HAVE AN EMERGENCY CALL 911 OR VISIT YOUR NEAREST EMERGENCY ROOM.

DO NOT USE HIPPO MD IF YOU REQUIRE NARCOTICS OR OTHER CONTROLLED SUBSTANCES. PHYSICIANS WILL NOT PRESCRIBE THESE MEDICATIONS.

Last Updated May 1, 2016

ABOUT THE TERMS

Hippo Studios & Hippo MD

Hippo Studios Inc. ("Hippo Studios", "we", "us" and terms of similar meaning) provides Hippo MD to you subject to these terms of service (the "Terms"). Hippo MD encompasses (i) our proprietary mobile application software (the "App"); (ii) our administrative services related to your use of the App ("Admin Services"); (iii) our website at http://hippomd.ca (the "Website"); (iv) any other web application versions of the App; (v) any other mobile or web applications that we have now or in the future; and (vi) any other software provided by Hippo Studios for use with the App or otherwise.

Agreeing to the Terms

By downloading and using Hippo MD, you agree to be bound by the Terms.

If you do not agree to all the Terms, do not use Hippo MD.

Modifying & Reviewing the Terms

Hippo Studios reserves the right to change or modify any of the Terms, at any time and in its sole discretion, with or without notice. You should review the Terms from time to time as well as any other policies or terms that are incorporated into the Terms. The Terms will always show the "last updated" date at the top. Any revisions of the Terms will be effective immediately upon posting the revisions on the App or our Website. If you do not agree with the revisions, you must stop using Hippo MD, with no further obligation to us.

Interpretation of the Terms

All Terms are to be interpreted and construed pursuant to Hippo Studios' sole discretion. If you have any questions about the Terms please email us at hello@hippomd.ca.

Privacy Policy

Hippo Studios' Privacy Policy (available at http://hippomd.ca/privacypolicy) (the "Privacy Policy") describes how Hippo Studios collects, uses and discloses your personal information, including your personal health information. The Privacy Policy is expressly incorporated into these Terms. This means that by using the App, you also agree to the Privacy Policy.

USER ACCOUNTS

Who can use Hippo MD?

You can only use Hippo MD if:

  1. You reside in an area in which we offer Hippo MD;
  2. You create an Account;
  3. You are a human; and
  4. You are at least 16 years of age.

Fee for Downloading App or Creating Account

There is no fee to download Hippo MD or create an Account. We reserve the right to introduce a fee in the future for downloading Hippo MD or creating an Account. If we decide to introduce such a fee, we will inform you accordingly and allow you to either continue or terminate your Account.

Requirements to Use Hippo MD

In order to use Hippo MD, you must have a valid cell phone number with SMS capabilities, a valid email address, and access to the Internet either through a data plan or wifi connection. You acknowledge that your wireless provider may have additional charges for SMS or data.

Creating an Account

When you register for an Account, you agree to:

  1. Provide accurate and truthful information ("Registration Data") when prompted to during the Account Registration Process;
  2. Always provide and maintain a valid email address in your Registration Data;
  3. Always provide and maintain a valid cell phone number in your Registration Data;
  4. Keep your Password safe;
  5. Update your Registration Data as soon as it changes;
  6. Accept all risks of unauthorized access to your Registration Data or any other information you provide to the App;
  7. Be responsible for all activity linked to your Account;
  8. Use your Account only for yourself, or on behalf of an individual under 18 years old ("Minor") for whom you are legal guardian. You agree not to share your Account with anyone else

Cell Phone Verification

During the Account Registration Process, you will receive an SMS text message on your cell phone with a verification code. This code must be entered into the applicable screen during the Account Registration Process in order to proceed with the rest of the registration.

Email Verification

During the Account Registration Process, you will receive an email asking for email verification. Unless you verify your email within 24 hours, your Account will be deactivated.

Account Approval

After you create your Account, your Account is approved in Hippo Studios' sole discretion and such approval may be withdrawn at any time in Hippo Studios' sole discretion with or without notification.

Forgotten Password

If you forget your Password, you will be directed to a password recovery page to recover your password associated with your email address.

Terminating Account

You may terminate your Account at any time by contacting us at hello@hippomd.ca. Hippo Studios reserves the right to retain information associated with your Account for a period of time ("Retention Period") before deleting such information. This period of time may be a reasonable period of time, or a period of time in accordance with the law.

THE HIPPO MD PLATFORM

Where can Hippo MD be used?

Hippo MD can be used only in areas where we offer Hippo MD. Hippo MD is void where prohibited by law.

Overview of Hippo MD

Hippo MD allows you to request a Physician to your current location for a non-emergency medical in-person consultation ("Visit Request"). Hippo Studios then relays that Visit Request to Physicians who may be available to provide services in your area. If there is a Physician available to see you, we relay that information back to you via the App. As long as there are no unforeseen circumstances, a Physician will arrive at your current location and provide you with a non-emergency medical in-person consultation ("Visit"). Your current location may be a home, office, workplace, etc.

The Physicians

All Physicians have their own independent private practice and other than using Hippo Studios to receive and respond to Visit Requests and other administrative agency services, are not in any other way associated with Hippo Studios. The relationship between Hippo Studios and the Physicians is not a partnership, joint venture, employer/employee, franchisor/franchisee, legal representative.

Hippo Studios is not responsible for any issues that you may have with respect to the Physicians professional conduct, medical treatment, diagnosis, advice or information provided, or any other actions arising from the Visit.

You may be required to enter into a separate contract between you and the Physician who provides you with a Visit. A Physician's contract may include, but not limited to choice of jurisdiction, governing law, privacy policies, medical service consents, and non-disclosure clauses. Hippo Studios shall not be liable for any professional advice provided to you by a Physician during a Visit.

You acknowledge that a physician-patient relationship between you and the Physician who may accept your Visit Request does not begin until the Physician physically arrives at your location and begins the Visit. You acknowledge that neither a Visit Request nor the Physician accepting a Visit Request establishes a physician-patient relationship. You acknowledge and understand that a Visit is a standalone consultation with a Physician and that the Physician will not follow up after your Visit.

Hippo MD's Role

Hippo MD acts only as a technology platform that facilitates the sending of Visit Requests from you to Physicians who may be available to provide you with a Visit.

Hippo Studios does not provide health care or medical services and takes no part in your medical diagnosis and/or treatment. None of Hippo Studios' employees, officers, directors, contractors, representatives or agents will provide health care or medical services. Hippo Studios does not recommend or endorse any specific tests, treatment, medications, products or procedures.

By using Hippo MD, you expressly agree and acknowledge that Hippo Studios is not a medical organization, hospital or staffed by medically trained personnel.

Family Doctor Consultation

If you have a family doctor, you are encouraged to consult with them before using Hippo MD. You understand and acknowledge that Physicians are not meant to be a replacement for your family doctor. In any case, you must consult with your family doctor as necessary and before seeking any new treatment or before you alter, suspend or initiate any change in your medical treatment, medication routine or health care related procedure or activity. You must not disregard medical advice provided to you by your family doctor.

Creating a Visit Request

When you create a Visit Request, you must select your current location, select the Profile of the individual for whom the Visit Request is for, that individual's symptoms ("Chief Complaint"), and that individual's health coverage information or payment information (as applicable). You can only make a Visit Request for yourself or a Minor for whom you are legal guardian. You cannot make a Visit Request for someone who is over 18 years old.

Prohibited Use if Consent Overridden by Minor

If you are legal guardian for a Minor, you may not use Hippo MD on behalf such Minor if they have withdrawn consent to our Terms and our Privacy Policy. By using the App on behalf of a Minor for whom you are legal guardian for, you represent and warrant that such Minor has not withdrawn consent to our Terms and Privacy Policy.

Visit Request Geo-Location Functionality

Hippo MD includes maps, geocoding, places and other content from Google, Inc. ("Google") and also allows you to select your current location. Because of this, you must also agree to Google's then current Terms of Use for their Google Maps/Google Earth Product ("Google Terms"), located here: https://www.google.com/intl/en-US_US/help/terms_maps.html. The Google Terms are incorporated within these Terms by reference. By using Hippo MD, you are agreeing to be bound by the Google Terms.

Visit Request Location

The location of your Visit Request must be your current location, and may be your home, office, workplace, public area, etc. If you decide to meet in a public place for the Visit, you acknowledge that it would be impossible to preserve any level of privacy, and you hereby waive any expectations of privacy and confidentiality relating to your Visit. Even if you decide to meet in a non-public place, maintaining a level of privacy that you are comfortable with is still your responsibility.

Profiles

When you create an Account, a Profile is automatically created for you. Your Profile includes your name, gender and birthday. Because Hippo MD allows you to create Visit Requests for Minors for whom you are legal guardian, you may add new Profiles for such Minors. You may only create Profiles for Minors. You cannot create Profiles for other individuals 18 years of age and older.

Chief Complaint

When you enter your Chief Complaint into Hippo MD, you may make it as detailed or as brief as you wish.

Provincial Coverage (Except Quebec)

If you have health coverage from any of the Canadian provinces or territories except Quebec, your Visit is covered by your provincial or territorial health insurance. In order to make a Visit Request, your health coverage must be valid and you must enter your health coverage information when prompted. Your health coverage information will be verified before your Visit Request is sent to the Physicians in your area. You must present your government-issued health coverage document to the Physician when they arrive for the Physician Visit.

Military or Refugee Health Coverage

If you hold Military or Refugee health coverage, your Visit is covered by the Canadian Armed Forces and the Interim Federal Health Program respectively. In order to make a Visit Request, your health coverage must be valid, and you must enter your health coverage information when prompted. Your health coverage information will be verified before your Visit Request is sent to the Physicians in your area. You must present your government-issued health coverage document to the Physician when they arrive for the Physician Visit.

WSIB Visits

If your Visit is related to a Workplace Safety Insurance Board ("WSIB") claim, your Visit is covered by the WSIB. In order to make a Visit Request, your provincial health coverage must be valid, and you must enter your provincial health coverage information when prompted. Your provincial health coverage information will be verified before your Visit Request is sent to the Physicians in your area. You must present your government-issued health coverage document as well as your Social Insurance Number ("SIN") to the Physician when they arrive for the Visit. You acknowledge that because of the nature of Hippo MD Visits, the Physician will not have access to a printer, and as such you must have all applicable forms printed and ready for the Physicians to fill out.

Visit Fee

The Visit Fee is the fee shown in the App. We reserve the right to change the Visit Fee from time to time. In any case, where a Visit Fee is required, you will always be shown the Visit Fee in the App before you create a Visit Request.

Quebec Health Coverage

If you are from Quebec, you must pay the Visit Fee for your Visit. A receipt will be provided to you via email so that you may make a claim for reimbursement from the Quebec health insurance plan. The Visit Fee must be paid by credit card through Hippo MD. When you make a Visit Request, your credit card is pre-authorized for the Visit Fee amount, and will only be charged after the completion of the Visit. You must pay the full Visit Fee, regardless of whether you are later able to receive reimbursement from your health plan for part or all of the cost.

No Health Coverage

If you do not hold a Provincial, Military or Refugee health card, you must pay the Visit Fee for your Visit. A receipt will be provided to you via email so that you may make a claim for reimbursement with your private insurance provider, if you have one. The Visit Fee must be paid by credit card through Hippo MD. When you make a Visit Request, your credit card is pre-authorized for the Visit Fee amount, and will only be charged after the completion of the Visit. Hippo Studios collects the Visit Fee on behalf of the Physician. You must pay the full Visit Fee, regardless of whether you are later able to receive reimbursement from your insurance for part or all of the cost.

Credit Card Payments for Visit Fee

For credit card payments, we use a third-party payment processor called Stripe (http://stripe.com) ("Payment Processor"). This means that the processing of your credit card, as applicable, will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to this Agreement. We are not responsible for any errors by the Payment Processor or your credit card issuer. In any credit card transaction, we will obtain certain transaction details from the Payment Processor, which we will use in accordance with our Privacy Policy.

Additional Fees for Paperwork

You acknowledge that your Physician may charge additional fees for letters, notes, forms, and other paperwork including but not limited to sick notes for work, insurance forms, maternity certificates, school/camp forms, fitness club forms, day care notes, jury duty notes, etc.

No Refunds for Visit Fees

You acknowledge and understand that if you have paid the Visit Fee, there are no refunds, either through Hippo Studios or the Physician after the Visit is complete.

Additional Patients during Visit

If you would like the Physician to see additional patients during their Visit, you must let the Physician know when they arrive. These additional patients can be of any age, however, they must present a valid government-issued health coverage document from any Canadian province or territory except Quebec, Military or Refugee health coverage certificate or number, or pay the Physician the Visit Fee directly via cash or credit card.

Visit Request Cancellation by Physician

You acknowledge that even after a Physician accepts your Visit Request, the Physician may not be able to fulfill such Visit Request due to unforeseen circumstances, including but not limited to inclement weather, emergencies, sickness, flat tire, traffic, etc. We make no representation or warranty to you that any Physician will be available to provide you with a Visit. You acknowledge that your Visit Request may be cancelled at any point in time before the Visit occurs.

Visit Request Cancellation by You

You may cancel your Visit Request free of charge up until a Physician accepts your Visit Request.

Keeping your Account and Information Safe

You must take action on your part to keep your Account and the information associated with it safe. You must:

  1. Log out of the App whenever you are not using it.
  2. Keep your Password safe, and do not share your Password with anyone.
  3. Activate a screen lock with a pattern, pin or password on your cell phone or mobile device.
  4. Do not leave your cell phone or mobile device unattended.
  5. When using the App in a public space, be aware of your surroundings and ensure that no one is looking over your shoulder.
  6. You shall immediately notify us of any unauthorized use of your Account, login email and password or any other breach of security.

Modification of Hippo MD and Access

Hippo Studios may modify Hippo MD at any time without any notice and in its sole discretion. Hippo Studios may block or prevent your access to and use of all or any portion of Hippo MD without any notice and in its sole discretion.

LICENSE GRANT & RESERVATION OF IP RIGHTS

Hippo MD License Grant

Hippo Studios grants you a limited, personal, non-exclusive and non-transferable right and license to use Hippo MD. Unless otherwise specified in writing, Hippo MD is for your personal and non-commercial use. You may not resell, lease or provide it in any other way to anyone else.

License Grant for Linking

You are granted a limited, non-exclusive right to create a text hyperlink to our Website for non-commercial purposes, provided such link does not portray Hippo Studios, or Hippo MD or any of the Physicians in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use the Hippo Studios' logo or other proprietary graphic of Hippo Studios to link to the Website or Hippo MD without the express written permission of Hippo Studios.

Reservation of Rights in Proprietary Materials

Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Hippo Studios or any third party.

Hippo MD, including, without limitation, the content, metadata, design, organization, compilation, look and feel, the source, object, code and software (with the exception of licensed open-source components) and all other protectable intellectual property available through and comprising Hippo MD (the "Proprietary Materials") are the property of Hippo Studios and are protected by copyright and other intellectual property laws. Hippo Studios' rights in such Proprietary Materials are expressly reserved.

You may not copy, reproduce, sell, publish, distribute, display, retransmit or otherwise provide access to the Proprietary Materials to anyone, unless with Hippo Studios' written consent. You agree not to rearrange, modify, create derivative works using or reverse engineer the Proprietary Materials. You agree not to create, scrape or display our content for any purpose. You agree not to post any content from Hippo MD to other websites, blogs, forums, etc. unless with Hippo Studios written consent.

Trade-marks

The Hippo Studios logo and all other product and service names, slogans or logos displayed on Hippo MD are registered and/or common law trade-marks of Hippo Studios, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Hippo Studios. In addition, the look and feel of Hippo MD, including all icons, user interface and user experience elements, custom graphics and scripts may not be imitated, used or copied in whole or in part, without the prior written permission of Hippo Studios.

If Intellectual Property Rights Violated

Any violation of our intellectual property rights may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

LIMITATIONS ON USE

Unacceptable Uses of Hippo MD

You must not use Hippo MD:

  1. In a way prohibited by law, regulation, governmental order or decree;
  2. To violate the rights of others;
  3. In a way that could harm Hippo MD or impair anyone's use of it;
  4. In a way that it is not intended to be used;
  5. In a way such that your Chief Complaint has nothing to do with your health;
  6. To reverse engineer, decompile or disassemble the App;
  7. In a way that will cause nuisance, annoyance, disruption or inconvenience to any Physician;
  8. If using access points or wireless data accounts (AP) which you are not authorized to use;
  9. If using unauthorized operating systems on your mobile device, including but not limited to jailbroken devices;
  10. To stalk or otherwise harass Hippo Studios, the Physicians, any person or entity; and
  11. To attempt to probe, scan or test the vulnerability of any Hippo MD server or network or breach any security or authentication measures.

Prohibitions on Information Entered

Throughout your use of Hippo MD, you will be prompted to enter various information, including but not limited to your Chief Complaint ("Interactive Areas"). You are solely responsible for your use of such Interactive Areas. While using the Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish any of the following:

  1. Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy pro publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  2. Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, provincial national or international law;
  3. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual property or proprietary right of any party;
  4. Unsolicited promotions, political campaigning, advertising or solicitations;
  5. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, credit card numbers, personal health information, etc.;
  6. Viruses, corrupted data or other harmful, disruptive or destructive files;
  7. Content used to probe, scan or test the vulnerability of the App, any Hippo MD server or network; and
  8. Content that is unrelated to the topic of the Interactive Areas in which such content is posted

Abusing Hippo MD

If, in Hippo Studios' sole opinion, you abuse Hippo MD or any of its privileges, or if you fail to follow any of these Terms, or make misrepresentations to Hippo Studios, Hippo Studios may, in its sole discretion, revoke your Account, with or without notification.

In the event that Hippo Studios has a reasonable belief that an Account has been compromised or used to commit fraud, crimes or abuse Hippo MD, Hippo Studios reserves the right to suspend or block any pending activity on your Account, and to disable or terminate that Account, and Hippo Studios reserves the right to take appropriate administrative and/or legal action.

DISCLAIMERS & LIMITATION OF LIABILITY

Warranty Disclaimer

Your use of Hippo MD as well as the Physicians' services is at your own risk. Hippo MD and the Physicians' services are provided to you on an "as-is" and "as-available" basis without warranties from Hippo Studios of any kind, either express or implied. Hippo Studios expressly disclaims all representations or warranties, express or implied, including, without limitation, any representations or warranties of merchantability, fitness for a particular purpose, title and non-infringement. Hippo Studios expressly disclaims all representations and warranties about the accuracy, completeness, timeliness or efficacy of Hippo MD and the Physicians' services and assumes no liability or responsibility to you or any Minor for whom you are legal guardian for, for any errors, mistakes, or inaccuracies in Hippo MD or the Physicians' services. Hippo Studios does not represent or warrant the use or the results of the use of Hippo MD, the Physicians' services, and the result of the Visit. If any applicable authority holds any portion of this section to be unenforceable, then Hippo Studios' liability and responsibility will be limited to the extent permitted by law.

Disclaimer Regarding Physicians

Hippo Studios does not expressly endorse any of the Physicians who may accept your Visit Request. Any statements, programs, opinions, or other information that may be provided to you by a Physician are solely attributable to the Physician and not Hippo Studios. Reliance on any information or advice provided by a Physician is solely at your own risk. Hippo Studios makes no representations or warranties as to the conduct, ability or the efficacy, accuracy, completeness, timeliness or relevance of the information provided by any Physician. Physicians are responsible for complying with regulatory requirements for licensing, professional conduct, malpractice and liability insurance. All interactions with Physicians are between you and the Physician. You acknowledge that we rely on representations and warranties from Physicians that they are in good standing with their applicable regulatory body and that they have valid malpractice insurance.

Third Party Service Providers

You acknowledge that some parts of Hippo MD are reliant on third-party service providers, including but not limited to Google Maps, Amazon Web Services, Microsoft Azure, Plivo, Mailgun, Stripe, MLabs, etc. Because of this, and other reasons, you acknowledge that there may be interruptions in service or events that are beyond our control. While Hippo Studios has painstakingly selected the best-in-class third-party service providers, and use reasonable efforts to keep Hippo MD accessible and available, Hippo MD may be unavailable from time to time for any reason including, without limitation, routine maintenance and failure of our third-party service providers. You understand and acknowledge that due to circumstances both within and outside of our control, Hippo MD and your access to it may be interrupted, suspended or terminated.

LIMITATION OF LIABILITY

In no event will Hippo Studios, it's respective agents, employees, shareholders, officers, directors, contractors, legal advisors ("Representatives"), parent companies, affiliates, subsidiaries, and each of its Representatives, be liable in any manner whatsoever for any damages of any kind, including but not limited to indirect, incidental, consequential, special or punitive damages arising out of:

  1. Your access, use or inability to use Hippo MD;
  2. Your use of any content in Hippo MD;
  3. Late, lost, delayed, damaged, misdirected or otherwise, electronic correspondence;
  4. Any condition caused by events beyond the control of Hippo Studios that may cause Hippo MD to be disrupted or otherwise;
  5. Any printing, human, typographical or other errors or ambiguities in or involving any online or printed materials associated with Hippo MD;
  6. Any failure or performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure (including damages that result from inaccuracy of the information, inconvenience, delay, or loss of the use of Hippo MD);
  7. Personal injury or property damage, of any nature whatsoever resulting from your use of Hippo MD, the Physicians' Services or the Visit;
  8. Any unauthorized access to or use of our secure servers and/or any and all information stored therein;
  9. Any bugs, viruses, trojan horses, or the like which may be transmitted to our through Hippo MD by any third party;
  10. The cost of procurement of substitute goods and services resulting from your use of Hippo MD, and Physicians' services;
  11. Statements, services or conduct of the Physicians or any third party;
  12. Any and all losses, damages, rights, claims and action of any kind in connection with or resulting from registering, enrolling, or participating in Hippo MD; and
  13. The conduct of you, any Minor for whom you are legal guardian for, or anyone else during the Visit, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from your use of any information or advice provided by a Physician during the Visit whether it is about you, or a Minor for whom you are legal guardian.

By using Hippo MD, you agree not to hold Hippo Studios, its respective agents, employees, shareholders, officers, directors, contractors, legal advisors ("Representatives"), parent companies, affiliates, subsidiaries, and each of its Representatives, liable in any way for any malpractice or substandard treatment the Physician may render to you or any Minor for whom you are legal guardian for.

In no event shall Hippo Studios' total liability to you or any Minor for whom you are legal guardian for, for any and all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to Hippo Studios or the Physician. If any portion of this Limitation of Liability is found to be invalid, Hippo Studios' liability shall be limited to the extent permitted by applicable law.

INDEMNIFICATION

You agree to defend, indemnify, and to hold harmless Hippo Studios, its respective agents, employees, shareholders, officers, directors, contractors, legal advisors ("Representatives"), parent companies, affiliates, subsidiaries, and each of its Representatives, from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses and legal fees on account thereof) arising, resulting from or relating to:

  1. Your access, use or inability to use the App and Services;
  2. An allegation that you violated any of these Terms.

Your agreement to defend, to indemnify, and to hold Hippo Studios harmless applies whether a claim against Hippo Studios arises out of contract or tort (including strict liability), and regardless of the form of action, including but not limited to your violation of any third party right, a claim that Hippo MD caused damage to you or any third party and your use and access of Hippo MD.

COMMUNICATIONS

Notice Methods

We may provide notices to you in the following ways:

  1. By email to the email address specified in your Registration Data;
  2. By posting a notice on our Website in an area suitable for notices. It is your responsibility to review our Website for notices;
  3. By calling the telephone number specified in your Registration Data; and
  4. By sending you an SMS text message.

Content of Notices

Hippo Studios may send you email information regarding issues such as your Account status, system messages, mandatory updates, notices related to privacy or security, etc. ("Administrative Messages"). Hippo Studios may call you to verify, confirm, inquire, or inform you about certain information related to your Visit Request or Visit. Hippo Studios may also send you an SMS text message to inform you about the status of your Visit Request.

For other messages and information relating to Hippo Studios and Hippo MD, other than Administrative Messages, you will only receive these messages if you expressly opt-in to consent to receive these other types of information from us. In addition, at any point in time after you opt-in, you will have the opportunity to opt-out of receiving such messages.

TERMINATION

You or Hippo Studios may terminate these Terms and your use of Hippo MD at anytime. Termination occurs when you either stop using Hippo MD or Hippo Studios notifies you of such Termination. All Terms will survive termination.

APPLICABLE LAW & DISPUTE RESOLUTION

Governing Law

Hippo MD is controlled by Hippo Studios and operated by it from its offices in Toronto, Ontario. You and Hippo Studios both benefit from establishing a predictable legal environment in regard to Hippo MD. Therefore, you and Hippo Studios explicitly agree that all disputes, claims or other matters arising from or relating to your use of Hippo MD will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.

Method of Conflict Resolution

Except where prohibited by law, any claim or dispute (whether in contract or tort, pursuant to statute or regulation or otherwise, and whether pre-existing, present or future) arising out of or relating to: (i) these Terms; (ii) Hippo MD; (iii) oral or written statements, advertisements or promotions relating to these Terms or Hippo MD; or (iv) the relationships that result from these Terms or the App (collectively, a "Claim") will be referred to and determined by a sole arbitrator (to the exclusion of the courts). If you have a Claim, you should give written notice to arbitrate. If we have a Claim against you, we will give you notice to arbitrate at your email address in your Registration Data. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Ontario.

If Arbitration is Prohibited

To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.

Waiver of Future Class Action

Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against Hippo Studios related to any Claim, and where applicable, you also agree to opt out of any class proceedings against Hippo Studios.

UNSOLICIATED IDEAS

Unsolicited Ideas include, without limitation, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans or other promotion. Do not send us Unsolicited Ideas. Nobody at Hippo Studios will accept or consider, directly or indirectly any Unsolicited Ideas. We have no obligation to review any Unsolicited Ideas nor do we have any obligation to keep any Unsolicited Ideas confidential. If you do send us any Unsolicited Ideas, Hippo Studios will automatically own such ideas without restriction and we will not acknowledge or compensate you. If you wish to preserve any interest you might have in your ideas, you should not send them to us.

GENERAL

Electronic Contracting

Your affirmative act of using Hippo MD and creating an Account constitutes your electronic signature to these Terms and your consent to enter into agreements with us electronically.

Assignment

You may not assign or transfer any of your rights without prior written consent of Hippo Studios. Hippo Studios may assign any or all of its rights hereunder to any party without your consent.

Enurement

These Terms will bind and enure to the benefit of you and Hippo Studios, their successors and permitted assigns.

Entire Agreement

These Terms, and the Privacy Policy, and any other terms expressly incorporated herein, represents the entire Agreement between you and Hippo Studios, and overrules any previous communications, understandings, etc.

Amendment

No amendments, modifications or waivers to these Terms shall be valid unless in writing and signed by all Parties.

Severability

If any part of these Terms is considered invalid for whatever reason, the remaining parts of these Terms will still be considered valid and enforceable.

Terms in English Language

The parties confirm that it is their wish that these Terms, as well as any other documents relating to these Terms including notices, have been and shall be drawn up in the English language only.

Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais.

Questions and Comments

If you have any questions regarding these Terms or your use of Hippo MD, please contact us at hello@hippomd.ca.