IMPORTANT: Carefully read these Terms of Service (the “Agreement”) before using our website, products, or services. This Agreement creates a binding legal agreement between you (“Customer”) and Genki Technology Inc. (“Genki”, “we”, “us”, or “our) and governs your access to and use of the Genki platform and its services. By using our website, products, or services, you agree to the terms laid out in this Agreement. If you do not agree, please do not use our Services.

Furthermore, Genki may update this Agreement at any time, without notification to you, and you should review this Agreement from time to time by accessing our public website, accessing the Service or reaching out to the Genki team at support@hellogenki.io.

The Customer acknowledges that the Customer has read, accepts and agrees to be bound by and comply with the terms and conditions set out in this Agreement. Customer represents and warrants to Genki that Customer has the capacity to enter into this legally binding agreement. If the Customer is using the Genki services on behalf of another person, the Customer hereby represents and warrants to Genki that Customer has the authority to bind such person to this Agreement. Customer acknowledges that the Terms and Conditions laid out on our public site are for information purposes only. For paying Customers using the Services, a signed User Agreement governs the relationship between Genki and Customer.

1. Use of Services

Genki provides cloud-based practice management software for independent Canadian eye care offices such as optometry clinics and optical retailers. Access is granted via subscription and is intended only for authorized use by eye care professionals and their staff.

You agree to use the Services only for lawful purposes and in accordance with applicable healthcare regulations. You acknowledge and agree that you are responsible for all activities conducted under your account whether authorized or not authorized.

2. Accounts and Access

You are responsible for maintaining the confidentiality of your login credentials and all activities that occur under your account. You agree not to share your access credentials with others or attempt to access the system without authorization.

3. Patient Data and Privacy

We process personal and personal health information (PHI) in accordance with PHIPA, PIPEDA, and other applicable privacy laws. Genki does not access, sell, or use PHI beyond what is required to provide services.

You are solely responsible for ensuring that you have obtained all necessary consents, authorizations, and legal rights to collect, use, store, and disclose personal and personal health information using the Genki platform. By using the Services, you represent and warrant that your clinic’s handling of patient data complies with all applicable privacy and health information laws and regulations, including but not limited to the Personal Health Information Protection Act (PHIPA), the Personal Information Protection and Electronic Documents Act (PIPEDA), and any other provincial or professional regulatory requirements that apply to your practice.

Genki acts as a service provider and data processor, and does not assume responsibility for verifying the legality of data collection activities performed by its users.

For details, please review our Privacy Policy.

4. Service Availability

We strive to maintain continuous availability of our services. However, we cannot guarantee uninterrupted access and may temporarily suspend services for maintenance, updates, or unforeseen events.

5. Fees and Billing

Access to Genki Services is provided on a subscription basis, with pricing set out in the applicable subscription or order form. Fees are non-refundable unless required by law.

Additional fees may apply for exceeding usage limits (e.g., SMS, Fax, storage) or purchasing custom add-ons. All applicable taxes are the responsibility of the subscriber.

6. Beta Features

Users participating in early access programs (e.g., Beta testing programs) acknowledge that these features are experimental, may contain bugs, and are provided “as-is” with no uptime guarantees.

7. Restrictions

You agree not to:

• Reverse-engineer or copy the platform

• Use the platform for any illegal or unauthorized purpose

• Upload malicious code or violate third-party rights

• Use the Services to train or develop AI systems without Genki’s written consent

8. Intellectual Property

All intellectual property rights in Genki’s platform, content, software, and documentation remain the exclusive property of Genki Technology Inc.

You retain ownership of your data; we retain ownership of the software and platform.

9. Confidentiality

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GENKI WILL NOT BE LIABLE FOR:

• INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES,

• LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITY,

• ANY CLAIMS ARISING FROM THIRD-PARTY SOFTWARE OR SERVICE FAILURES.

However, nothing in these Terms limits Genki’s liability:

• For gross negligence, willful misconduct, or fraud,

• For breaches of applicable health privacy laws (e.g., PHIPA, PIPEDA),

• For breaches of its confidentiality obligations.

Our total liability is limited to the amount paid by you in the six (6) months prior to the event giving rise to the claim.

11. Termination

We may suspend or terminate your access for material breaches of these Terms. Upon termination, you must cease using the Services, and we will provide access to your data for a limited transition period or as required by applicable healthcare regulations.

12. Governing Law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any disputes will be subject to the exclusive jurisdiction of courts in Toronto, Ontario.

13. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated via our website or email with at least 30 days’ notice.

Continued use of the Services after such changes constitutes your acceptance of the updated Terms.

14. Contact Us

If you have questions about these Terms or the use of our services, please contact:

Genki Technology, Inc.
613A Mount Pleasant Rd
Toronto, Ontario
M4S 2M5 Canada

support@hellogenki.io