OnBerry Health Inc.

Terms & Conditions

Updated April 9, 2025

1. Introduction

Welcome to OnBerry Health Inc. ("OnBerry", "we", "our", or "us"). These Terms and Conditions ("Terms") constitute a legal agreement and govern your access to and use of our services.

By using any part of our services, you agree to comply with these Terms in full.

These Terms are designed to be transparent and to help you understand your rights and responsibilities when interacting with our platforms.

2. Acceptance of Terms

By accessing or using any of our services, you accept and agree to be bound by these Terms and any additional terms and policies referenced herein. You must be at least 18 years of age or the age of majority in your jurisdiction to use our services.

If you do not agree with these Terms, you may not use our services.

3. Modifications

We reserve the right to update or modify these Terms at any time. If we make material changes, we will notify users by updating the date at the top of this page or through other means. Continued use of our services after changes are posted signifies your acceptance of the updated Terms.

We may also modify or discontinue any part of our services at our discretion.

4. Services Overview

We offer non-clinical, non-medical services and are intended for informational and wellness purposes only. These services include but are not limited to:

  • A Website for general information and access to our offerings.
  • A Learning Management System (LMS) that delivers free and paid courses, programs, and community features.
  • An Electronic Health Record (EHR) platform for 1:1 appointments related to health optimization, delivered via a secure, encrypted system compliant with Canadian PIPEDA and U.S. HIPAA standards.

For clarity, the Services are non-clinical services, and are not emergency or primary care services. If you are experiencing a medical emergency, call 911 or attend the nearest emergency room.

OnBerry does not provide or practice medical or nursing services. Using the Services, including providing personal medical history, does not create a physician-patient relationship between you and OnBerry.  OnBerry, its Website and Platform do not, and are not designed to provide any medical advice, identify, diagnose, manage or treat illness, disease or conditions, or be used as the basis for any decisions about medical treatment or medication.

The Services and any advice, report or analysis that may be provided as part of the Services, are for informational purposes only and are not intended to replace or substitute any medical or other advice or any primary care health services. The Services are not considered “medically necessary” services insured by the public provincial health insurance plan in British Columbia and are not eligible for reimbursement under the public provincial health insurance plan in British Columbia. The fees we charge are not payment for any provincially insured service.

It is recommended that you consult with an appropriately trained and qualified medical services provider prior to using the Services, especially if you have a pre-existing medical condition that may impact your ability to use the Services, and prior to adopting any suggestion that may be contained in the information available in the Services.

Services you receive from third parties, including services provided by our third party partner labs, will be subject to other terms and conditions, and we are not responsible for any acts or omissions, including without limitation any medical advice, course of treatment, or diagnosis, of any such third parties. 

Note: The health professionals engaged by OnBerry to provide certain services, such as laboratory requisitions and analysis, are authorised to do so and are providing such services as independent contractors. This does not result in OnBerry itself providing medical or nursing services, and OnBerry is not a party to the relationship formed between the client and the health professional.

5. Account Requirements

To use certain services, you must create an account. You agree to provide accurate, complete, and current information and to update it as needed.

You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account including any password misuse or any unauthorized access.

By signing up, you consent to receive communications related to your account and services via email or other contact methods.

6. Privacy Policies

Your privacy is important to us. Please review our Privacy Policy [https://www.onberry.com/privacy-policy ] for details on how your personal information is collected, used, and stored.

OnBerry services provided via our electronic health records (EHR) platform are compliant with:

  • PIPEDA (Personal Information Protection and Electronic Documents Act — Canada)
  • HIPAA (Health Insurance Portability and Accountability Act — U.S.)

You acknowledge that by creating user accounts and/or inherent use of our website(s) or third-party platforms, you may also be agreeing to the Terms of Use and Privacy Policies of the third-party platform providers – for example, our learning management system(s).

7. Payments & Refunds

Some of our services are paid. You agree to provide accurate billing information and authorize us (via our payment processor, such as Stripe) to charge applicable fees. Applicable fees are due in full prior to Services being rendered. With respect to Services provided pursuant to certain service programs, applicable fees are due at the time of program registration. Fees are non-refundable, and registration is non-transferrable.

All prices are listed in our local currency unless otherwise noted. Taxes may apply.

Additional terms and conditions may be applicable to parts or features of the Websites and are hereby incorporated by reference into these Terms of Use – such as product-specific or service-specific terms that are not covered here. Please read carefully before committing.

  • Subscriptions: We may offer paid subscriptions to programs, services, or products that require your agreement to be charged a monthly or specific periodic fee to the form of payment that you provided upon your initial registration to that program, service, or product in order to receive continued access to the program, service, or product. By purchasing a subscription-based program, service, or product, you agree to the following:
    • Your subscription will be charged regularly to your original form of payment provided according to the specified payment terms for that program, service, or product.
    • You may cancel your subscription at any time by: 
      • Email: support@onberry.com
      • Subject line: “Cancel Subscription”
      • Provide: First name, last name, email address used for your subscription, phone number, and the name of the subscription program, service, or product
    • No refunds are given for past or unused portions of the subscription program, service, or product.
    • Your cancellation request must be received at least 7 business days prior to the scheduled automatic billing of your subscription cycle.
  • Refunds: Digital courses, programs, and membership subscription fees are non-refundable. If you cancel, your access to the membership benefits will remain active until the end of your current billing cycle. No partial refunds will be issued for unused time during your billing cycle.
  • Cancellations: Some programs and services include consultations or coaching services. We request that, if you need to reschedule or cancel, you reschedule or cancel appointments at least 24-hours in advance. Appointments that are rescheduled or cancelled within 24-hours prior to an appointment, or appointments that are missed, will be deducted from your total allotted coaching package.
  • Unredeemed services, consultations, coaching sessions, or other perks that recur as a part of a  periodic subscription (i.e. monthly) do not carry over into consecutive months. Unredeemed consultations or coaching sessions or packages hold no cash value.

8. Intellectual Property

You understand and agree that the Websites and their entire contents, features, and functionality, including all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including copyright, trademark, patent, trade secret, and any other proprietary rights. 

The Company name and all related names, logos, product and service names, designs, images, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on the Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

You may only use the Websites for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Websites except where invited to do so as a program member within the learning management site. You are not permitted to modify copies of any materials from the Websites nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Websites. 

You have no right, title, or interest in or to the Websites or to any content on the Websites, and all rights not expressly granted are reserved by the Company. Any use of the Websites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

9. Acceptable Use

You agree to use our services lawfully and respectfully. Prohibited conduct includes, but is not limited to:

  • Misrepresenting your identity
  • Attempting to hack or disrupt our systems
  • Harassing or abusing community members or staff
  • Sharing copyrighted content without permission

By using our websites and/or platforms, you agree to do so lawfully and in line with these Terms of Use.

You may not use the Websites or submit any content (“Submissions”) that:

  • Violates any applicable laws or infringes on intellectual property, privacy, or other legal rights.
  • Breaches terms of use of any linked third-party websites.
  • Harms or exploits others, including minors, or requests prohibited personal information.
  • Contains false, misleading, or impersonated information.
  • Promotes spam, unsolicited marketing, or unauthorized commercial activities.
  • Restricts or disrupts others’ use of the Websites or exposes them (or us) to harm or liability.
  • Contains offensive, threatening, obscene, discriminatory, or otherwise inappropriate content, as determined by us.
  • Attempts to bypass or interfere with the security, functionality, or integrity of the Websites, including through hacking, viruses, scraping, or denial-of-service attacks.
  • Encourages or facilitates unlawful activity.

Submissions via the Website(s) or Learning Management System(s) are not confidential. By submitting content, you grant us and our partners a worldwide, royalty-free, permanent, non-exclusive license to use, modify, display, distribute, and share that content in any format, without compensation to you. You also waive any moral rights in those Submissions.

You confirm that you own or have the right to share your Submissions and that they comply with these Terms and all laws. You are solely responsible for your Submissions, including their legality and accuracy. We do not take responsibility for content submitted by you or other users.

10. Third-Party Tools and Links

For your convenience, our platforms may integrate with third-party tools or link to external sites. We are not responsible for the content or services offered by third parties.

Use of third-party tools is at your own risk and governed by their respective terms. We accept no responsibility for such sites or for any loss or damage that may arise from your use of them.

You must not establish a link to our Websites in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. Our Websites must not be framed on any other site, nor may you create a link to any part of our Websites other than the homepage. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with our requirements. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.

11. Disclaimers

Our services are provided "as is" and "as available." While we strive for accuracy and reliability, we make no warranties regarding the effectiveness, completeness, or outcomes of any services.

Nothing on our platforms constitutes medical advice or replaces the care of licensed healthcare providers. Any and all OnBerry content is for informational purposes only, regardless of the format in which it is distributed. It is not intended to substitute professional medical advice, diagnosis, or treatment. The information presented does not establish a doctor-patient relationship. Do not dismiss professional medical advice or delay seeking it due to information provided by OnBerry or its representatives. Consult with your physician before engaging in activities that may impact your health. If you suspect you have a medical problem, promptly contact your healthcare provider. Any resources referenced or linked within the content do not necessarily express the opinions of the company or its representatives.

12. Limitation of Liability

You waive and hold harmless the Company and its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, successors and assigns (the “Company Representatives”) from any and all claims resulting from any action taken by the Company or the Company Representatives relating to any, investigations by either the Company, the Company Representatives or by law enforcement authorities.

Except where such exclusions are prohibited by law, under no circumstance will the Company nor the Company Representatives be liable for negligence, gross negligence, negligent misrepresentation, fundamental breach, damages of any kind, under any legal theory, including any direct, indirect, special, incidental, consequential, or punitive damages, including personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort, breach of contract, breach of privacy, or otherwise, even if the party was allegedly advised or had reason to know, arising out of or in connection with your use, or inability to use, or reliance on, the Websites, any linked websites or such other third-party websites, nor any website content, materials, services, posting, or information thereon. In no event will the Company’s aggregate liability arising out of or related to these Terms of Use exceed $50.00.

13. Indemnification

You agree to indemnify and hold harmless OnBerry Health Inc. and its Company Representatives from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising from your misuse of the services or violation of these Terms.

14. Termination of Access

We reserve the right to suspend or terminate your access at any time, for any reason, including breach of these Terms; and take appropriate legal action, including referral to and cooperation with law enforcement or regulatory authorities, where the Company suspects any illegal or unauthorized activity related to use of the Websites. 

15. Dispute Resolution

Services are intended for use by persons located in British Columbia, Canada. The Websites are not intended for use in any jurisdiction where its use is not permitted. If you access the Websites from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

The Websites and these Terms of Use will be governed by and construed in accordance with the laws of the Province of British Columbia, and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of Province of British Columbia or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.  

A dispute or claim arising out of or relating to the Websites or these Terms of Use (a “Claim”) that is not settled by agreement between the parties within a reasonable period of time will be settled exclusively by binding arbitration by a single arbitrator. The location of the arbitration will be Vancouver, British Columbia. The language used in the arbitral proceeding will be English. The arbitration will be governed by the Arbitration Act (British Columbia) and administered by the Vancouver International Arbitration Centre under its Domestic Arbitration Rules (the “Rules”). The arbitrator will be selected and the arbitration will be conducted in accordance with the Rules, except that the provisions of these Terms of Use will prevail over the Rules. There will be no authority for any Claims to be arbitrated on a class or representative basis, and the arbitrator may not consolidate or join the Claims of other persons or parties who may be similarly situated. The dispute resolution process will be conducted on a private and confidential basis and all information exchanged and disclosed during the course of the dispute resolution process will be used only for the purposes of the dispute resolution process. The parties will share equally in the fees and expenses of the arbitrator and the cost of the facilities used for the arbitration hearing, but will otherwise each bear their respective costs incurred in connection with the arbitration. Depositions will not be allowed, but information may be exchanged by other means. The parties will use all reasonable efforts to ensure that an arbitrator is selected promptly and that the arbitration hearing is conducted no later than one month after the arbitrator is selected. Following the arbitration hearing, the arbitrator will issue an award and a separate written decision which contains the reasoning behind the award and the legal basis for the award. The arbitrator will not: (a) award damages excluded by these Terms of Use; (b) award damages in excess of the amount, if any, limited by these Terms of Use; or (c) require one party to pay another party’s costs, fees, attorney’s fees or expenses, unless these Terms of Use otherwise permit a party to recover such costs, fees, attorney’s fees or expenses (whether as part of a loss or otherwise). The award of the arbitrator will be final and binding on each party. Judgement upon the award may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, either party has the right to seek preliminary or temporary injunctive relief from a court if, in that party’s sole judgment, such action is necessary to avoid irreparable harm or to preserve the status quo. 

If you are based in the U.S., additional protections under HIPAA may apply if you are engaged in a service agreement that includes HIPAA-compliant services.

16. Miscellaneous

Artificial Intelligence: You understand and acknowledge that we may use internally developed artificial intelligence (AI) tools as a resource when providing certain Services, such as health coaching services. We will not use the output of the AI tools as a substitute for independent judgment in respect of any recommendations, advice, or any other information.

Waiver: No failure to enforce any part of these Terms is not a waiver of our rights.

Severability: If any part of these Terms is ruled by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, the remaining sections remain in full effect.

Entire Agreement: These Terms of Use constitute the entire agreement between you and OnBerry Health Inc., regarding the Services and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter. 

Contact Information

If you have questions about these Terms, please contact: 

OnBerry Health Inc.

Attn: Terms of Use / Site Inquiry 

Address: 300-1788 West Broadway, Vancouver BC V6J 1Y1

Email: support@onberry.com

Phone: 778-800-8453