"Website") and the private portal which requires registration to be accessed (the "Private
Portal", and together with the Website, the "Greenspace Platform") located at www.greenspacehealth.com and app.greenspacehealth.com. The words "Greenspace,"
"we," "us," or "our" mean, collectively, Greenspace Mental Health
use of the Greenspace Platform and constitute a binding legal agreement among you, as a user of the Services (as
defined in Section 4 below) and Greenspace.
USE OF THE SERVICES IS NOT FOR EMERGENCIES. IF YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, OR IF AT ANY TIME YOU
ARE CONCERNED ABOUT YOUR CARE OR TREATMENT, CALL 911 OR GO TO THE NEAREST OPEN CLINIC OR EMERGENCY ROOM.
IF YOU ARE CONSIDERING OR CONTEMPLATING HARMING OR KILLING YOURSELF OR ARE CONCERNED THAT YOU ARE A DANGER TO YOURSELF
OR TO OTHERS, YOU MUST DISCONTINUE USE OF THE SERVICES IMMEDIATELY, CALL 911 OR GO TO THE NEAREST OPEN CLINIC OR
"HIPAA" means the Health Insurance Portability and Accountability Act of 1996;
"Protected Health Information" or "PHI" means protected health information as
defined by HIPAA's Privacy Rule found at 45 C.F.R. § 160.103;
A "Treatment Provider" is a regulated professional who is permitted to provide psychotherapy
services and is registered as a Therapist on the Greenspace Platform. Treatment Providers may include, but are not
limited to, psychiatrists, psychologists, clinical social workers, registered psychotherapists, professional
counselors and marriage and family therapists. "Treatment Providers" include employees, agents, or
independent contractors of Treatment Providers.
The Greenspace Platform includes, without limitation, the following services (collectively, the
For clarity, Greenspace is not a provider of telemedicine or telemedicine services.
THE SERVICES DO NOT INCLUDE THE PROVISION OF HEALTH CARE SERVICES, MENTAL HEALTH SERVICES OR SOCIAL OR PSYCHOTHERAPY
SERVICES, OR ANY OTHER PROFESSIONAL SERVICES BY GREENSPACE. Greenspace is simply a technology service provider that
facilitates the Services through the Greenspace platform.
PROVIDERS ARE NOT THE EMPLOYEES OR AGENTS OF GREENSPACE AND ARE NOT CREDENTIALED BY GREENSPACE. GREENSPACE DOES NOT
HAVE ANY OVERSIGHT OF THE CARE PROVIDED TO YOU BY PROVDERS. Each Treatment Provider is an independent practitioner
who is solely responsible for any health care services or social or psychotherapy services provided to you, and is
also solely responsible for obtaining your informed consent, where required, to any medical treatment, including
without limitation, your consent to use the Services, to the extent such consent is required by applicable
Your access to and use of the Greenspace Platform and the Services is conditioned on your compliance with these
Platform or use the Services for any purpose. Additional terms and conditions applicable to specific areas of the
with any of these additional terms and conditions, you are not authorized to access or use those areas of the
While the Services may provide access to certain general medical information, the Services cannot and are not
intended to provide medical advice. We advise you to always seek the advice of a physician or other regulated health
professional with any questions regarding your personal health or medical conditions. Never disregard, avoid, or
delay in obtaining medical advice from your physician or other regulated health professional because of something
you have read on the Website. If you have or suspect that you have a medical problem or condition, please contact a
physician or other regulated health professional immediately.
THE CONTENT ON THE WEBSITE IS NOT AND SHOULD NOT BE CONSIDERED MEDICAL ADVICE OR A SUBSTITUTE FOR INDIVIDUAL MEDICAL
ADVICE, DIAGNOSIS, OR TREATMENT. YOU SHOULD ALWAYS TALK TO YOUR PHYSICIAN OR OTHER REGULATED HEALTH PROFESSIONAL FOR
DIAGNOSIS AND TREATMENT, INCLUDING INFORMATION REGARDING WHICH DRUGS OR TREATMENT MAY BE APPROPRIATE FOR YOU. NONE
OF THE INFORMATION ON THE WEBSITE REPRESENTS OR WARRANTS THAT ANY PARTICULAR DRUG OR TREATMENT IS SAFE, APPROPRIATE,
OR EFFECTIVE FOR YOU.
Access to certain portions of the Greenspace Platform, Services and Content is restricted to users registered on the
There is no guarantee that you will be accepted as a registered user. Even if you are accepted as a registered user
and have a pre-existing connection with a registered Treatment Provider, your Treatment Provider may determine that
use of the Services is not appropriate for some or all of your treatment needs, and accordingly may elect not to
facilitate your use of the Services.
In order to access the Private Portal and certain of the Services you will be required to complete an online
registration form and become a registered user of the Greenspace Platform by creating an account
("Account"). To create an Account, you must be of legal age to form a binding contract. If you are
not of legal age to form a binding contract, you may not register to use our Services.
In consideration for your use of the Greenspace Platform and the Services provided on it, you agree to provide true,
current, complete and accurate information as requested on any registration form to which the Greenspace Platform
may direct you, and to update that registration information as soon as possible after any information on such
registration form changes.
Upon registration, you will choose a username and password. You alone are responsible for keeping that password and
username confidential, and for any and all activity that occurs on the Greenspace Platform under such password or
username. You agree to immediately notify Greenspace of any unauthorized use of your password or username or any
other breach of security.
By creating an Account, you expressly consent to the use of: (a) electronic means to complete these Patient Terms of
be liable for any loss or damage arising from your failure to comply with the above requirements.
We reserve the right to deny your access to the Services or any part thereof, in order to maintain or restore
security or performance to the Greenspace Platform or any other Greenspace sites and systems. We may also do so if
or may be used by an unauthorized person(s).
When you use the Greenspace Platform, Greenspace will collect certain personally identifiable information from you,
reference. By registering on the Greenspace Platform, you agree that Greenspace may collect, use, and disclose your
Your Patient profile will be established and maintained for you as a registered user of the Greenspace Platform to
enter, store, and access your or your child’s Personal Information online, and for your Treatment Providers to
communicate with you about your care. All of the Personal Information contained in your Patient profile will be
By consenting to receive the Services using the Greenspace Platform, you consent to the inherent material risks
associated with the electronic uploading, transmission and storage of your Personal Information. By providing or
uploading any of your Personal Information to the Greenspace Platform, you are consenting to the collection, use and
disclosure of your Personal Information for the purposes of providing the Services to you and for consistent
purposes. Although Greenspace uses advanced encryption technology and other security protocols to protect your
Personal Information, you acknowledge by using the Greenspace Platform that there are inherent risks to any
technology however remote that could cause security protocols to fail or be breached, which could result in the
unauthorized collection, use or disclosure of your Personal Information. Greenspace will notify you to the extent
required by law of any security protocol failure or breach that has resulted in in the unauthorized collection, use
or disclosure of your Personal Information.
By consenting to receive the Services using the Greenspace Platform, you consent to receive assessments by email or
sms, as selected by you. You should consider that email and sms are not secure means of communication. There is some
risk that Personal Information contained in an email or sms may be disclosed to, or intercepted by, unauthorized
third parties. Greenspace cannot ensure the security or confidentiality of messages sent by email or sms.
Your or your child's medical care and your mental health care are solely the responsibility of you and your
Under the Services, mental health care services or social or psychotherapy services are provided exclusively by
Treatment Providers. Greenspace supports Treatment Providers by providing them with a license to use our
intellectual property rights, including our patent pending inventions, trade secrets, copyrights, trademarks,
service marks, trade dress and proprietary and confidential information and access to Greenspace's technology
platform. However, exclusive control and responsibility for the delivery of mental health care services or social or
psychotherapy services is reserved to Treatment Providers.
All Treatment Providers available through the Greenspace Platform represent that they are permitted to provide
psychotherapy services and are a member in good standing with the regulatory college or licensing board of their
jurisdiction. Greenspace requires Treatment Providers to represent and warrant that that they are in good standing
with their respective regulatory college or licensing board and to immediately apprise Greenspace of any changes to
such status. Greenspace conducts limited credential checks and other verifications of Treatment Providers and the
information they have provided to Greenspace. However, Greenspace is not responsible for credentialing Treatment
Providers, makes no representation regarding the accuracy of Treatment Providers' credentials, and expressly
disclaims any liability for fraudulent credentials or claims by Treatment Providers. In addition, changes in your
Treatment Provider's professional status after we perform an initial credential check. We recommend that you
separately confirm that your Treatment Provider is in good standing with his or her respective regulatory college or
As a condition of your continued access to and use of the Greenspace Platform and the Services, you agree to abide
by all applicable federal, state and other laws and regulations and the "Code of Conduct" set forth
We or our third party service providers retain all right, title and interest in and to the Greenspace Platform and
all content that you see or otherwise experience on the Greenspace Platform ("Content"), including all copyrights,
patents, trade secrets, trade-marks and other intellectual property rights. We reserve all rights not expressly
Services or Content, including our trade-marks, trade names and logo designs, or those of our third party service
providers. You may not use any of our Content, including names, trade-marks, logo designs or copyrights, in any
manner without our prior written consent. All copies and reproductions of our Content that you make must retain all
copyright and other notices that are on the Greenspace Platform or any of our social media sites.
When you use the Greenspace Platform and our Services you may access intellectual property rights that we or our
Greenspace grants you a limited, non-exclusive, non-transferable and revocable license, without the right to
sublicense, to access and use the Services and to download and print any Content provided by Greenspace solely for
your personal and non-commercial purposes. You may not use, copy, adapt, modify, prepare derivative works based
upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or
Greenspace's express prior written consent. No licenses or rights are granted to you by implication or otherwise
under any intellectual property rights owned or controlled by Greenspace or its licensors, except for the licenses
Your use of the Services and Content is at your sole discretion and risk. The Services and Content, and all
materials, information, products and services included therein, are provided on an "AS IS" and
"AS AVAILABLE" basis without warranties of any kind.
GREENSPACE AND ITS LICENSORS AND AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR
STATUTORY, RELATING TO THE SERVICES AND CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING, OR
COURSE OF PERFORMANCE. GREENSPACE AND ITS LICENSORS AND AFFILIATES MAKE NO WARRANTY THAT THE CONTENT YOU ACCESS ON
OUR WEBSITE OR USING OUR SERVICES SATISFIES THE LAWS AND REGULATIONS REQUIRING THE DISCLOSURE OF INFORMATION FOR
IN ADDITION, GREENSPACE AND ITS LICENSORS AND AFFILIATES DISCLAIM ANY WARRANTIES REGARDING SECURITY, ACCURACY,
RELIABILITY TIMELINESS AND PERFORMANCE OF THE SERVICES OR THAT THE SERVICES WILL BE ERROR FREE OR THAT ANY ERRORS
WILL BE CORRECTED. NO ADVICE OR INFORMATION PROVIDED TO YOU BY GREENSPACE WILL CREATE ANY WARRANTY THAT IS NOT
EXPRESSLY STATED IN THESE TERMS OF SERVICE.
WE MAKE NO REPRESENTATIONS CONCERNING, AND DO NOT GUARANTEE, THE ACCURACY OF THE SERVICES, INCLUDING, BUT NOT
LIMITED TO, ANY INFORMATION PROVIDED THROUGH THE SERVICES OR THEIR APPLICABILITY TO YOUR INDIVIDUAL CIRCUMSTANCES.
OUR SERVICES AND WEBSITE CONTENT ARE DEVELOPED FOR USE IN THE UNITED STATES AND GREENSPACE AND ITS LICENSORS AND
AFFILIATES MAKE NO REPRESENTATION OR WARRANTY CONCERNING THE SERVICES OR WEBSITE CONTENT WHEN THEY ARE USED IN ANY
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN
DAMAGES OR LIMITATIONS OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL
OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold harmless Greenspace, its affiliates, members, directors, officers, employees,
agents, and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and
liabilities (including reasonable legal and accounting fees), resulting from your (or anyone acting under your
password or username) use of the Greenspace Platform, connection thereto, or any alleged violation by you of these
In particular, you agree to indemnify and hold harmless Greenspace, its affiliates, members, directors, officers,
employees, agents, sponsors, and licensors for any injury, including but not limited to bodily harm or death, to you
or any third party that may result from the use of or reliance on any Content.
IN NO EVENT SHALL GREENSPACE OR GREENSPACE'S LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE,
THE WEBSITE OR ANY CONTENT, OR SERVICES OBTAINED THROUGH THE WEBSITE, EVEN IF GREENSPACE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE CONTENT, THE SERVICES OR THE
NOTHING HEREIN SHALL LIMIT THE POTENTIAL PROFESSIONAL LIABILITY OF THE TREATMENT PROVIDERS OR OTHER LICENSED
HEALTHCARE PROFESSIONALS ARISING FROM OR RELATED TO MEDICAL OR MENTAL HEALTH ADVICE, DIAGNOSIS, OR TREATMENT THEY
PROVIDE TO YOU, EXCEPT AS PROVIDED UNDER APPLICABLE STATE LAWS. IN MANY JURISDICTIONS, TREATMENT PROVIDERS ARE
REQUIRED TO REPORT CONFIDENTIAL INFORMATION IF THEY HAVE REASON TO BELIEVE THAT A PATIENT IS LIKELY TO HARM OTHERS
OR HIMSELF/HERSELF. IN NO EVENT SHALL GREENSPACE BE LIABLE FOR THE DISCLOSURE OF YOUR CONFIDENTIAL INFORMATION BY A
TREATMENT PROVIDER FROM WHOM YOU RECEIVE MENTAL HEALTH SERVICES OR SOCIAL OR PSYCHOTHERAPY SERVICES. GREENSPACE IS
NOT LIABLE TO ANY PERSON OR USER FOR ANY HARM CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF A TREATMENT PROVIDER
PROVIDING MENTAL HEALTH SERVICES. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF GREENSPACE OR GREENSPACE'S LICENSORS
OR AFFILIATES TO YOU, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED $1,000.
The information on the Greenspace Platform may contain typographical errors or other errors or inaccuracies, and may
not be complete or current. Greenspace reserves the right to correct any errors, inaccuracies, or omissions and to
change or update information at any time without prior notice to you. Greenspace will not, however, guarantee that
any such errors, inaccuracies, or omissions will be corrected. Greenspace reserves the right to refuse to fill any
orders or provide Services that are based on inaccurate or erroneous information on the Greenspace Platform,
including, without limitation, incorrect or out-of-date information regarding pricing, payment terms, or for any
other lawful reason.
Greenspace reserves the right at any time and from time to time to modify or discontinue, temporarily or
permanently, the Greenspace Platform (or any part thereof) with or without notice. Further, Greenspace reserves the
including, without limitation, by checking the date of "Last Update" at the bottom of this
document. Continued use of the Greenspace Platform after any such changes shall constitute your consent to be bound
by such changes, with continued provision of the use of the Greenspace Platform constituting consideration from
Greenspace to you for so being bound. Your only right with respect to any dissatisfaction with (1) these Patient
through the Greenspace Platform, is to stop visiting and using the Greenspace Platform.
You may terminate your Account at any time and for any reason by providing written notice to Greenspace. Upon any
termination by you, your Account will no longer be accessible. Any cancellation request will be handled within 30
days of receipt of such a request by Greenspace.
We may suspend or terminate your right to use our Services or the Greenspace Platform at any time, in the event that
prior notice to you. After such termination, Greenspace will have no further obligation to provide the Services,
except to the extent we are obligated to provide you access to your health records or Treatment Providers are
required to provide you with continuing care under their applicable legal, ethical and professional obligations to
Upon termination of your right to use our Services or the Greenspace Platform or our termination of the Services or
Despite anything to the contrary, all of your covenants, agreements, representations and warranties made in these
Platform and remain in full force and effect.
within the United States of America.
Agreement shall be governed and enforced pursuant to the laws of the State of New York, without giving effect to its
conflicts of laws provisions, except to the extent New York law is preempted by any provision of federal law,
including HIPAA. The Parties agree that all disputes arising out of or relating to this Agreement will be subject to
mandatory binding arbitration under the rules of Judicial Administration and Arbitration Services ("JAMS") in effect
at the time of submission, as modified by this Section 6(d). The arbitration will be heard and determined by a
single arbitrator selected by mutual agreement of the Parties, or, failing agreement within thirty (30) days
following the date of receipt by the respondent of the claim, by JAMS. Such arbitration will take place in New York
County, New York. The arbitration award so given will be a final and binding determination of the dispute, and will
be fully enforceable in any court of competent jurisdiction. Except in a proceeding to enforce the results of the
arbitration or as otherwise required by law, neither Party nor any arbitrator may disclose the existence, content or
results of any arbitration hereunder without the prior written agreement of both Parties.
enforceability of any remaining provisions.
the entire agreement between you and Greenspace with respect to the use of the Greenspace Platform, including the
Services and the Content.
Services offered by the Greenspace Platform, by posting notices or links to such notices on the Website itself.
You agree that it is the express wish of the parties that this agreement and all related documents be drawn up in
Last Update: May 13, 2021
Greenspace is a platform that facilitates the measurement of patient progress and outcomes; and displays such information to you, the patient, and to your health care provider(s). We know you are entrusting us with some of your most personal and valuable information and your privacy is extremely important to us. We are committed to protecting your privacy and safeguarding your personal information.
Below is a summary of the ways we collect and use your personal information:
Registering for Progress Measurement:
When you sign-up for progress measurement, we may collect personal information, including your name, email address, phone number, gender, occupation and therapy history. We use this information to connect you with your health care provider and provide you with personalized assessments, as requested by your health care provider.
Delivery of Assessments:
We use your name, email address, phone number, as set by your preferences in your user account, to send you a link to your personalized assessment.
Completing Personalized Assessments:
We collect personal health information such as responses to assessment questions and quantitative assessment scores when you respond to a personalized assessment delivered by Greenspace. We use this information to provide you and your health care provider with a display of your assessment responses and a presentation of your or your child’s progress, as applicable.
We use non-identifying and aggregated information we receive from your responses to the assessments, your feedback on the Greenspace platform and services and the frequency with which you use the Greenspace platform and services for certain purposes, including: (i) to improve our platform and services; (ii) to publish data and/or information regarding Greenspace services through various media platforms and academic journals; (iii) for marketing purposes; (iv) for distribution to industry stakeholders and association; and (iv) in relation to a research study at the University of Toronto. We will not share anything that could be used to identify you or your personal information.
Interacting With You:
When you contact us with a comment, question or complaint, you may be asked for information that identifies you such as your name, address, email address and a telephone number along with any additional information we may need to promptly answer your question or respond to your comment or complaint. We use this information to respond to your inquiry and improve our service offerings. We may also use personal information to establish and manage our relationship with you and provide quality service.
Some Treatment Providers, (such as psychiatrists, psychologists, clinical social workers, , registered psychotherapists, professional counselors and marriage and family therapists.) may be subject to laws and regulations governing the use and disclosure of the health information they create or receive, including the Health Insurance Portability and Accountability Act of 1996 and the regulations adopted thereunder (“HIPAA”). Greenspace will only use or disclose such information as permitted by the controlling business associate agreement or as otherwise permitted by law. Greenspace limits access to “protected health information” in accordance with HIPAA. Greenspace’s workforce members are trained on the privacy and security requirements applicable to protected health information, and Greenspace’s “business associates” are required, pursuant to the terms of their agreements with us, to implement required safeguards.
We will not disclose, trade, rent, sell or otherwise transfer your personal information, without your consent, except as otherwise set out herein.
Service Provider Arrangements:
In order to provide the services available on the Greenspace platform, we have arrangements with certain necessary service providers that are subject to contractual agreements that include appropriate privacy standards. We may transfer (or otherwise make available) your personal information to such affiliates and other third parties for the purpose of enabling such parties to provide certain services on our behalf. Our service providers are given the information they need solely for the purpose of performing their designated functions, and are not authorized to use or disclose personal information for their own marketing or other purposes. For example, we may use service providers to authorize and process payments, host our platform, deliver assessments, operate certain of its features, send email or other communications, and manage and analyze data.
Sale of Business:
Legal, Compliance and Loss Prevention:
Greenspace, its affiliates and its Canadian, US and other foreign service providers may provide your personal information in response to a search warrant or other legally valid inquiry or order, or to another organization for the purposes of investigating a breach of an agreement or contravention of law or detecting, suppressing or preventing fraud, or as otherwise required or permitted by applicable Canadian, US or other law. Your personal information may also be disclosed where necessary for the establishment, exercise or defence of legal claims and to investigate or prevent actual or suspect loss or harm to persons or property.
We have implemented reasonable administrative, technical and physical measures in an effort to safeguard the personal information in our custody and control to protect against theft, loss and unauthorized access, use, modification and disclosure. We restrict access to your personal information on a need-to-know basis to employees and authorized service providers who require access to fulfil their job requirements.
We have personal information retention processes designed to retain personal information for no longer than necessary for the purposes stated above or to otherwise meet legal requirements.
You have the right to access, update and correct inaccuracies in your personal information in our custody and control, subject to certain exceptions prescribed by law.
You may request access, updating and corrections of inaccuracies in personal information we have in our custody or control by emailing or writing to us at the contact information set out below. We may request certain personal information for the purposes of verifying the identity of the individual seeking access to their personal information records.
Please contact our Privacy Officer if:
You may contact our Privacy Officer at
or by mail at the following address:
Greenspace Mental Health, Ltd.
1 Adelaide St. E., Suite 530
Toronto, ON Canada