Terms of Service

Agreement between User and Canopie

Welcome to Canopie. The Canopie website (the "Site") is comprised of various web pages operated by Canopie Inc ("Canopie"). Canopie is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of Canopie constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Canopie is a mobile application.

Canopie supports new and expecting mothers and parents with clinically validated techniques to improve their emotional wellbeing.

Canopie offers 1:1 counseling with a licensed expert for expecting mothers and parents who opt-in.

Canopie offers group classes hosted by a panel of experts addressing common challenges during pregnancy and post-partum.

Privacy

Your use of Canopie is subject to Canopie's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting Canopie or sending emails to Canopie constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Canopie is not responsible for third party access to your account that results from theft or misappropriation of your account. Canopie and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

Canopie does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Canopie only with permission of a parent or guardian.

Cancellation/Refund Policy

If you are unhappy with the program or feel it did not help you, you can ask for a refund by emailing hello@canopie.org within 60 days of purchase.

Links to Third Party Sites/Third Party Services

Canopie may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Canopie and Canopie is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Canopie is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Canopie of the site or any association with its operators.

Certain services made available via Canopie are delivered by third party sites and organizations. By using any product, service or functionality originating from the Canopie domain, you hereby acknowledge and consent that Canopie may share such information and data with any third party with whom Canopie has a contractual relationship to provide the requested product, service or functionality on behalf of Canopie users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use Canopie strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Canopie that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Canopie or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Canopie content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Canopie and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Canopie or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by Canopie from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Canopie Content accessed through Canopie in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Canopie, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Canopie reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Canopie in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Canopie agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CANOPIE INC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

CANOPIE INC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. CANOPIE INC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CANOPIE INC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CANOPIE INC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Canopie reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Virginia and you hereby consent to the exclusive jurisdiction and venue of courts in Virginia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Canopie as a result of this agreement or use of the Site. Canopie's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Canopie's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Canopie with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Canopie with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Canopie with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Canopie reserves the right, in its sole discretion, to change the Terms under which Canopie is offered. The most current version of the Terms will supersede all previous versions. Canopie encourages you to periodically review the Terms to stay informed of our updates.

Informed Consent for Telehealth Services with Canopie, Inc.

Telehealth Services


I understand that I’ve been provided the opportunity to utilize telehealth services (“Telehealth Services”) with Canopie, Inc. I voluntarily authorize Canopie and its advanced practice professionals and other healthcare providers (“Provider(s)”) to utilize Telehealth Services. I understand that these services involve the use of electronic communication, including video conferencing and messaging, in place of in-person interactions. My health information may be shared with certain individuals, such as for scheduling, billing, and equipment operations. Information gathered from me may be used for assessments and evaluations, diagnosis, counseling, follow-up, or education and may include, without limitation:

  • Medical Records
  • Live Two-Way Audio and Video
  • Electronic Communication, including SMS text messaging

Confidentiality


I understand that federal and state laws protect the privacy and confidentiality of medical information shared through Telehealth Services. My information will not be disclosed to third parties without my consent, except as required by law. Canopie’s systems incorporate security protocols to protect patient confidentiality and data integrity.

Risks


I acknowledge that Telehealth Services carry risks, which may include:

  • Potential insufficient information due to image quality or other technology limitations
  • Potential delays in evaluation due to equipment issues
  • Rare instances of security protocol failures
  • Limited access to complete medical records, which may affect clinical decisions

Expected Benefits


I understand that Telehealth Services offer benefits, including:

  • Remote access to health care
  • Convenience in accessing maternal mental health care
  • Access to specialized expertise at distant locations

Consent to Telehealth Services


I have had Telehealth Services explained to me, including their purpose, benefits, alternatives, and risks. I voluntarily consent to Telemedicine Services as part of my care with Canopie. By agreeing to this consent form, I understand that:

  • I can withdraw my consent at any time without impacting my right to future care
  • I can inspect information obtained and recorded during my Telehealth Services
  • Telehealth may involve sharing my personal information with other healthcare providers
  • My provider or I may choose to discontinue telehealth visits if connection quality is insufficient
  • In an emergent consultation, my Provider may refer me to my local practitioner and that my Provider’s responsibility will conclude upon the termination of the remote connection.

No Guarantee


I understand that the use of Telehealth Services is not an exact science and I acknowledge that no warranty or guarantee has been made to me about the use of Telehealth Services.

SMS Messaging and Email


I consent to communication via email and SMS for aspects of my care, such as appointment reminders or health updates. I understand that email and SMS are not confidential and carry a risk of being intercepted by unauthorized parties.

Third-Party Privacy Policy


No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. SMS opt-in data and consent will remain secure and unshared.

Contact Us

Canopie welcomes your questions or comments regarding the Terms:

Email Address: helllo@canopie.org

Effective as of August 15, 2021