Clinician Terms of Service
THESE TERMS ARE A BINDING AGREEMENT BETWEEN RXSCRIPTIFY INC. AND YOU, A LICENSED PRESCRIBER. THEY CONTAIN IMPORTANT PROVISIONS REGARDING PROFESSIONAL RESPONSIBILITY, PERSONAL HEALTH INFORMATION, FEES, AND LIMITATIONS OF LIABILITY.
1. Definitions
- "Scriptify", "we", "us" and "our" mean RxScriptify Inc., an Ontario corporation.
- "Clinician", "you" and "your" mean the physician or nurse practitioner who holds the account, personally.
- "App" means the Scriptify application for clinicians and the servers, transmission, messaging and automated tools behind it, through which you send, receive and respond to prescriptions and related documents with pharmacies and clinics.
- "Care" means Scriptify Care, the service through which patients submit written consultation requests that you may accept, answer and, where appropriate, prescribe for.
- "Platform" means the App and Care together.
- "Patient Information" means personal health information and personal information relating to patients that is collected, transmitted, stored or processed through the Platform.
- "Third-Party Services" means services provided by persons other than Scriptify that Scriptify uses to operate the Platform, including hosting, facsimile transmission, text messaging, push notification, payment processing, and automated text-reading and artificial-intelligence services.
- "Fees" means the professional fee and the platform fee displayed in the App at the time you accept a Care request.
2. Acceptance
By tapping "I Agree" in the App, or by using the Platform, you agree to be bound by these Terms and by the Scriptify Privacy Policy, which is incorporated by reference. The version in force when you accept applies until you accept a revised version. Scriptify records each acceptance with your identity, the version and the date. Scriptify may require acceptance of a revised version before further use.
3. Nature of the Platform; Scriptify's role
3.1 Scriptify provides technology. Scriptify does not practise medicine or nursing, does not provide clinical advice, does not review, approve, direct or control any clinical decision, and does not verify the clinical content of anything you send or approve.
3.2 You provide professional services as an independent professional. Nothing in these Terms creates an employment, agency, partnership or joint-venture relationship between you and Scriptify. You are responsible for your own professional obligations, insurance, taxes and remittances.
3.3 The App is not a medical record or a system of record. Items are retained only for the periods stated in section 9 and are then deleted. You must keep your own records as your College requires.
3.4 Scriptify may add, change, limit or withdraw features of the Platform at any time.
4. Eligibility and your representations
You represent and warrant, on acceptance and each time you use the Platform, that: (a) you hold an active, unrestricted licence to practise medicine or as a nurse practitioner in each province you select in the App, and you select only those; (b) you are in good standing with your College; (c) you maintain professional liability protection appropriate to your practice, including virtual care where you use Care (for example CMPA or CNPS); (d) the identity, credentials and contact details on your account are your own and accurate; and (e) you will notify Scriptify immediately, and will not accept Care requests or transmit prescriptions, if your licence is restricted, suspended or revoked.
5. Your professional responsibility
5.1 Every clinical decision made through the Platform — whether to accept a request, what to advise, whether to prescribe, what to prescribe, whether a patient must be seen in person, and whether to transmit any document — is yours alone, made under the standards of your College and applicable law.
5.2 You are solely responsible for the accuracy, completeness and clinical appropriateness of every prescription, reply and document you send or approve. Before any transmission the App shows you its complete content; Scriptify has no obligation to verify what you enter or confirm.
5.3 Care is written care only. You will not use the Platform to arrange calls, video or in-person contact, and you will apply your College's standards for virtual care, including deciding when a written consultation is not appropriate and the patient must be seen. Nothing in these Terms prevents you from contacting a patient by other means where you judge it clinically necessary; any such contact is outside the Platform and is documented in your own record.
5.4 You will verify the identity of a Care patient by comparing the identification photo and details provided with the information entered, and you will consult provincial electronic health records only where you are authorized to do so.
5.5 Controlled substances, including opioids, benzodiazepines and stimulants, are not to be prescribed through Care.
5.6 Automated suggestions, extracted information, intake questions and organised summaries presented by the Platform are aids only, are marked as such, never replace the patient's own words, which the Platform shows you in full, and must be independently verified before you rely on them.
5.7 You may accept Care requests from your own patients. A Care consultation is a written consultation offered as an uninsured service, and you are responsible for confirming, before you accept any request, that the service is not an insured service for that patient under the Health Insurance Act (Ontario) or the equivalent legislation of the patient's province. You will offer it only as an option alongside the insured care available to the patient, never as a condition of that care, and a patient's choice to use or not use Care will not affect the timing or quality of any insured service you provide.
6. Your electronic signature
A biometric or equivalent confirmation in the App before you save a prescription, approve a reply or transmit a document is your electronic signature on that document and your attestation that you reviewed its full content and accept professional responsibility for it, with the same effect as a handwritten signature to the fullest extent the law allows.
7. Patient Information; roles under privacy law
7.1 You are the health information custodian of the record of each consultation you answer and of the Patient Information you send or receive through the App, and you remain responsible for its lawful handling under the Personal Health Information Protection Act, 2004 (Ontario) or the equivalent legislation of your province.
7.2 Scriptify acts as your electronic service provider and agent in respect of Patient Information, and, where it provides services to two or more custodians, as a health information network provider. Scriptify will: (a) use Patient Information only as necessary to provide the Platform; (b) not disclose it except to the custodians and recipients you direct, and as required by law; (c) maintain administrative, technical and physical safeguards appropriate to its sensitivity; (d) keep an electronic record of accesses to and transfers of Patient Information through the Platform and make it available to you on request; (e) notify you at the first reasonable opportunity of any unauthorized access, use, disclosure or loss of Patient Information of which it becomes aware; (f) not use Patient Information for advertising, sell it, or use it to train artificial-intelligence models; and (g) maintain a plain-language description of the Platform's services and safeguards, and privacy and security assessments of the Platform, and make them available to you on request.
7.3 You confirm that you have the authority and any consent required to input and transmit the Patient Information you send through the App. For Care, the patient's consent to the disclosure of their request to you, and to your consulting their provincial records where authorized, is obtained by Scriptify in the patient terms.
7.4 Requests by patients for access to or correction of their records are your responsibility; Scriptify will assist as reasonably required.
8. Automated processing and Third-Party Services
8.1 Scriptify uses automated tools, including Third-Party Services such as text-reading and artificial-intelligence services, to help read incoming documents, to ask Care patients follow-up questions before you see a request, and to organise a request under standard headings.
8.2 No personal health information leaves Canada. Information processed by such Third-Party Services is not retained by them and is not used to train any model.
8.3 Automated tools do not provide advice, do not make any clinical determination, and do not replace your review. The patient's own words are always shown to you and are the record.
9. Retention and deletion
Prescriptions, documents and messages in the App, and Care requests, replies and images, are retained for the periods stated in the Privacy Policy and the App, generally thirty days and, for Care images, three days, and are then permanently deleted from Scriptify's systems. Requests you decline, or that are not accepted, are deleted sooner as stated in the App. Take your copy when you approve. Scriptify is not responsible for a record you did not save. Scriptify retains account, transaction and access records, without clinical content, as required by law. When you approve a Care request, the App offers you a copy of the complete record, including any images, for your own chart.
10. Care requests: acceptance, response and release
10.1 Requests are shown to eligible clinicians without the patient's identity. The first clinician to accept a request receives the patient's details and becomes responsible for it. You may accept or decline any request in your sole professional judgment.
10.2 Having accepted a request you will answer it within the period displayed in the App, or release it back to the pool. A request you accept and neither answer nor release within that period is returned to the pool automatically.
10.3 Your reply may approve a written response with or without a prescription, or recommend that the patient be seen in person. Your name and College registration number are shown to the patient with any outcome you author; nothing about you is shown while a request is waiting or under review.
10.4 A prescription you write for a Care request is transmitted to the pharmacy the patient selected, in the same manner as any prescription you send through the App.
11. Fees and payment
11.1 For each request you approve with a written reply, the patient pays a professional fee to you and a platform fee to Scriptify, each as displayed in the App at the time you accept the request. Scriptify collects both from the patient and remits your professional fee to the payout account you open with a third-party payment processor. No fee is payable for a request that is not accepted, that you decline or release, or where you recommend the patient be seen in person.
11.2 The payment processor's terms govern your payout account, including timing, holds and disputes. Refunds after approval are at your discretion. Where you issue a refund, the patient is refunded in full; the payment processor's non-refundable charges on the original payment are deducted from your next payout.
11.3 You are responsible for reporting and remitting all taxes on fees you receive. Scriptify may change the displayed fees for future requests on notice in the App.
11.4 You will not solicit, charge or accept any payment from a Care patient other than through the Platform, and you will not direct Care patients to any other practice or service for the same consultation.
11.5 Where you use the App to request payment from a patient for an uninsured service outside Care, you alone determine the service and the amount, and you are responsible for compliance with your College's policies on uninsured services and block fees, for having the patient's consent to receive a text message at the number you enter, for the accuracy of that number, and for reporting and remitting taxes on amounts you receive. Scriptify's fee for the request is the amount displayed in the App when you send it. The payment processor's terms govern your payout account. Refunds are at your discretion; where you issue a refund, the patient is refunded in full and the payment processor's non-refundable charges on the original payment are deducted from your next payout.
12. Conduct
You will communicate with patients professionally and, for Care, only through the Platform in respect of the request in question; will not use Patient Information obtained through the Platform to solicit patients to any other practice or service; will not share your account or credentials; and will use the Platform only for its intended purpose. Where you pair an assistant, clinic or other person to act on your behalf in the App, that person acts as your agent; you are responsible for their access and for their compliance with these Terms, and you will remove their access when they cease to act for you.
13. Confidentiality and intellectual property
The Platform and all non-public information about it, including its concepts, designs, features and roadmap, are confidential and the property of Scriptify. You will not disclose such information, use it other than to use the Platform, or copy, reverse engineer or create derivative works from the Platform. You retain ownership of your own content and grant Scriptify the licence necessary to host, transmit, process and display it for the purpose of providing the Platform.
14. Acceptable use
You will not: (a) use the Platform in breach of any law, regulation or professional standard; (b) transmit content that is unlawful, misleading or infringes the rights of others; (c) probe, test, manipulate, circumvent or interfere with the Platform, its security measures or its automated tools; (d) use another person's credentials; or (e) use the Platform to develop a competing product. Scriptify may suspend or terminate access without notice where it reasonably suspects a breach of this section.
15. Term, suspension and termination
You may stop taking Care requests at any time by turning the switch off; requests you have already accepted remain yours to answer or release. You may close your account at any time. Scriptify may suspend or terminate your access on notice, or without notice where reasonably necessary to protect patients, other users, the Platform or Scriptify, or where you are in breach of these Terms, cease to be eligible, or are the subject of a licence restriction. Sections 5, 6, 7, 9, 13, 16, 17, 18 and 20 survive termination.
16. Disclaimer of warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AVAILABILITY OR NON-INFRINGEMENT. SCRIPTIFY DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT ANY TRANSMISSION WILL BE DELIVERED OR ACTED UPON.
17. Limitation of liability
17.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SCRIPTIFY, ITS DIRECTORS, OFFICERS, EMPLOYEES AND CONTRACTORS SHALL NOT BE LIABLE FOR: (a) ANY CLINICAL DECISION, ADVICE, PRESCRIPTION, REPLY OR DOCUMENT OF YOURS OR OF ANY OTHER CLINICIAN; (b) ANY ACT OR OMISSION OF A PHARMACY, CLINIC OR THIRD-PARTY SERVICE; (c) ANY LOSS ARISING FROM INACCURATE OR INCOMPLETE INFORMATION PROVIDED BY YOU OR BY A PATIENT; (d) ANY FAILURE, DELAY OR MISDIRECTION OF A TRANSMISSION; (e) ANY LOSS OF DATA YOU WERE REQUIRED TO RETAIN YOURSELF; OR (f) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE OR GOODWILL, HOWEVER ARISING.
17.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SCRIPTIFY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE PLATFORM FEES RECEIVED BY SCRIPTIFY IN RESPECT OF YOUR ACCOUNT IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
17.3 Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.
18. Indemnity
You will indemnify and hold harmless Scriptify and its directors, officers, employees and contractors from any claim, loss, liability or expense, including reasonable legal fees, arising from (a) your professional services, prescriptions, replies or documents; (b) your breach of these Terms or of applicable law, including privacy law; (c) inaccurate information you provide; or (d) your use of the Platform.
19. Complaints
Concerns raised by patients about your care are yours to address under your College's process. Concerns about the Platform may be directed to contact@rxscriptify.com.
20. Governing law and disputes
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The parties submit to the exclusive jurisdiction of the courts of Ontario.
21. General
21.1 These Terms, the Privacy Policy and the Fees displayed in the App constitute the entire agreement between you and Scriptify regarding the Platform and supersede any earlier agreement between you and Scriptify regarding the Platform. 21.2 Notices to you may be given through the App or to the email address on your account; notices to Scriptify to contact@rxscriptify.com. 21.3 If any provision is held invalid or unenforceable, the remaining provisions continue in force. 21.4 Scriptify's failure to enforce any provision is not a waiver of it. 21.5 You may not assign these Terms. Scriptify may assign them in connection with a merger, acquisition or sale of assets. 21.6 Scriptify may amend these Terms by notice in the App and may require acceptance of the revised version before further use; the App records each acceptance. 21.7 The parties have requested that these Terms be drawn up in English. Les parties ont exigé que les présentes conditions soient rédigées en anglais.
22. Contact
RxScriptify Inc. · contact@rxscriptify.com