Ava Terms of Service for Patient Users

Published: February 12, 2026

Welcome to Ava Industries! We're thrilled to help you manage your healthcare journey with Ava Connect, our secure patient portal within our cloud-based software Platform. These Terms of Service (“Agreement” or "Terms") govern your use of our Platform and related Services as a Patient User. By using our Services, you agree to these Terms, which form a legally binding contract between you and Ava Industries Ltd. ("Ava", "we", "us", or "our") based on your promise to comply with these Terms and our promise to provide you access to Ava Connect. Please read them carefully. If you have questions, reach out to us at connect-support@avaindustries.ca

1. What We’re All About

Ava Connect, part of our cloud-based Platform, is a secure patient portal that lets you connect with your medical clinics on Ava’s Platform, access your health records, and manage your care securely and efficiently. With Ava Connect, you can book appointments, send secure messages to your clinics, view lab results and medical documents, input biometric data like vitals, and stay in sync with your clinic’s Ava EMR system all at no cost to you. Our Services include access to Ava Connect through our website and related support, designed to make your healthcare experience seamless, accessible and more connected.

2. Definitions

We’ve kept this simple, so no convoluted legal jargon here. Just clear terms that you’ll see throughout, so here’s what they mean:

Account: Your Ava Connect account on our Platform, tied to your unique login credentials.

Aggregate Data: Anonymized data from your use of the Platform that doesn’t identify you.

Applicable Laws: All laws, regulations, and rules that apply to your use of our Services and our provision of services to you, including privacy laws like Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”) and provincial health information laws.

Ava Connect: Our secure patient portal software, forming part of the Platform, that enables you to access your health records, book appointments, send secure messages, view lab results and medical documents, input biometric data like vitals, and connect with Clinic Customers, integrated with Ava’s electronic medical records system.

Authorized User: Someone (like a medical clinic’s employee) using the Platform on behalf of a Clinic Customer.

Beta Service: Test features we offer for evaluation, provided “as-is”.

Clinic Customer: A clinic or medical professional using our Platform to provide services to you.

Customer Data: Information you provide or upload to the Platform, like your health records or personal details, but not anonymized or aggregated data we use for analytics.

Patient User: You, an individual who uses Ava Connect to manage your healthcare as a patient of a Clinic Customer, or to manage a dependent’s healthcare as their parent, legal guardian, or authorized caregiver, under these Terms.

Personal Data: Any info about you that identifies you, like your name, health records, or contact details, as defined by privacy laws.

Platform: Our cloud-based software ecosystem, which includes EMRs, communication tools, AI tools and workflow solutions like e-signatures and billing, plus any future products, features, upgrades, or enhancements we roll out to make your clinic’s life easier. This includes mobile apps, APIs, and documentation, too!

Services: Access to Ava Connect, part of our Platform, including the ability to book appointments, send secure messages, view lab results and medical documents, input biometric data (e.g., vitals), and receive support services, all provided at no cost to you as a Patient User.

Term: The duration of your access to the Services, as outlined in Section 8.

3. Using our Services

3.1 Access to the Platform

We grant you a non-exclusive, non-transferable right to use Ava Connect for your personal healthcare needs during the Term, provided you are a patient of a Clinic Customer, follow these Terms, and provide accurate Customer Data to enable us to deliver the Services. Your access is granted solely because you are a patient of a Clinic Customer, and this right will end if you cease to be a patient of any Clinic Customer, as described in Section 8. You providing accurate Customer Data and your compliance with these Terms are the considerations for us providing the Services, forming a legally binding contract.

3.2 Your Account

• Ownership: You’re responsible for keeping your Account and login credentials secure and not sharing them. If there’s a dispute about who owns your Account, we may ask for documentation (like government ID) to resolve it. We have the right to use our judgement to determine who the rightful Account owner is and to transfer an Account to that person. We can also disable your Account if we can’t determine ownership or suspect misuse until the rightful Account owner resolves the issue.
• Connecting with Clinics: Your access to Ava Connect, part of our Platform, is enabled because you are a patient of a Clinic Customer, who invites you to use Ava Connect as part of their healthcare services provided to you. These Terms govern your relationship with Ava Industries Ltd, not the Clinic Customer. When you set up an Account, the Clinic Customer may access your Customer Data, including sensitive health information, and share it with other healthcare providers (e.g., labs, specialists) for your care, in compliance with Applicable Laws. You may connect with additional Clinic Customers if you become their patient, subject to their invitation, as permitted by Ava Connect’s functionality.
• Caregiver Access: If you are a parent, legal guardian, or authorized caregiver with legal authority to manage the healthcare of a dependent (e.g., a child, elderly parent, or individual under your legal care), you may use Ava Connect’s ‘Manage Dependents’ feature to access and manage their Account on their behalf. You must provide verifiable proof of your legal authority (e.g., court order, guardianship documentation) if requested by us or a Clinic Customer. You are responsible for ensuring that any Personal Data you provide or access for a dependent complies with Applicable Laws, including obtaining necessary consents. You agree to indemnify and hold us harmless from any claims or damages arising from your use of the Platform to manage a dependent’s Account, including any disputes over your legal authority. We may suspend or terminate a caregiver’s access to a dependent’s Account if we reasonably suspect unauthorized use or lack of legal authority.
• Consent to Share Data: By using the Platform, you consent to us collecting and using your Personal Data as described in this Agreement and our Privacy Policy (). You also allow Clinic Customers to upload and share your Personal Data with others involved in your care, as permitted by Applicable Laws.

3.3 Updates and Improvements

• We may issue updates, bug fixes, or minor changes to the Platform at no extra cost.
• New features, enhancements, improvements or add-ons may be offered to you in the future.
• From time to time, we may offer Beta Services for testing. These are provided “as is,” without warranties, and may be discontinued at our discretion.

3.4 Support Services

Currently, we offer technical support during regular business hours (8:00 AM to 6:00 PM Mountain Time, Monday to Thursday, and 7:00 AM to 5:00 PM Mountain Time, Fridays). This is subject to change without notice. Support is limited to our Platform and policies. We will always strive to do our best to help you. Unfortunately, we cannot troubleshoot third-party software or hardware issues that you may be experiencing.

3.5 Usage Limits

To ensure Ava Connect remains fast and reliable for all users, including you, you agree to use the Services fairly and within reasonable limits outlined in our online documentation (). These limits may include restrictions on data storage (e.g., size of uploaded files) or frequency of actions (e.g., repeat support requests within a short period of time). Attempting to bypass these limits is prohibited and may lead to actions like warnings, temporary suspension, or termination of your Account, at our sole discretion. We aim to enforce these limits reasonably to maintain a smooth experience for everyone.

3.6 Data Security and Breach Notifications

We use industry-standard security measures, such as encryption, access controls, and secure servers, to protect your Customer Data, including sensitive Personal Data, on the Platform. We may use artificial intelligence (“AI”) tools to enhance your experience with Ava Connect, such as improving efficiency or support services, while ensuring your Customer Data remains secure and is handled in compliance with Applicable Laws. Your data is always protected, and AI does not affect your rights or Clinic Customer’s management of your health records, nor does it replace the professional oversight of your healthcare providers. In the event of a data breach that creates a real risk of significant harm to you, as defined by Applicable Laws, we will notify you and, if required, the appropriate Office of the Information and Privacy Commissioner or other relevant authorities promptly, unless prohibited by law. We will cooperate with you and Clinic Customers to investigate and address the breach, including issuing any required notices to affected individuals or authorities. You agree to promptly notify us at connect-support@avaindustries.ca if you suspect unauthorized access to your Account or Customer Data. We are not liable for any damages resulting from a breach caused by your failure to maintain secure login credentials or comply with these Terms.

3.7 Use by Minors and Guardianship Requirements

The Platform, including Ava Connect, is not intended for use by children under 13 without the supervision of a parent or legal guardian with legal custody. If you are under 13, do not provide us with your Personal Data. If you are a parent or legal guardian, you may provide Personal Data for a minor only if you have legal guardianship or custody without restrictions under Applicable Laws (e.g., court orders, matrimonial agreements). You assume all risks and liability for providing or managing a minor’s Customer Data and Personal Data through the Platform, including via the ‘Manage Dependents' feature. We may suspend or terminate access to an Account and delete associated Customer Data and Personal Data if we reasonably suspect it was created or is being used by a minor under 13 without proper supervision or in violation of Applicable Laws.

4. Your Data

4.1 Your Responsibilities

• Ownership and Accuracy: You’re responsible for the legality and accuracy of the Customer Data you provide and upload to the Platform. You must have the right to share it, including obtaining any necessary consents under Applicable Laws.
• Data Sharing: You can share Personal Data (like health records) with Clinic Customers or others you select through the Platform ("Transmitted Content"). Understand that we’re not responsible for what recipients do with Transmitted Content, their qualifications, or whether the data is accurate, secured or legally shared.
• Received Data: You may receive data (like lab results or physician notes) from Clinic Customers or third parties ("Received Content"). We don’t guarantee its accuracy, compliance with laws, or the sender’s qualifications.
• Privacy Compliance: We handle your Personal Data according to our Privacy Policy and applicable privacy laws. You’re responsible for ensuring your use of the Platform complies with Applicable Laws, including obtaining consents for sharing your data.

4.2 Account Deletion

You may request the deletion of your Account at any time by contacting connect-support@avaindustries.ca, and we will deactivate your access to Ava Connect promptly. Your health records and other Customer Data are managed by your Clinic Customer, who retains them in accordance with Applicable Laws, including provincial health information laws requiring them to retain patient records for prescribed periods. Due to these legal requirements, we cannot delete this data from the Platform. Once your account access has been deactivated, to access, correct, or request other actions regarding your Customer Data or Personal Data, please contact your Clinic Customer directly, as they are responsible for managing your health information under Applicable Laws.

5. E-Signature Services

The Platform may let you sign documents electronically, like consents or prescriptions. We provide this feature for convenience, but we don’t guarantee these signatures are legally binding in all jurisdictions. You’re responsible for ensuring enforceability and downloading copies of signed documents for your own records.

6. No Fees for Patient Users

There are no fees for your use of the Platform as a Patient User. Your agreement to provide accurate Customer Data and your compliance with these Terms are the considerations for us providing the Services, forming a legally binding contract.

7.Disclaimers & Limitation of Liability

To the maximum extent allowed by law, the Services are provided to you “as is” without warranties, including for merchantability, fitness for a particular purpose, or non-infringement. You acknowledge and agree that we are not liable for any indirect, consequential, or punitive damages to you, a Clinic Customer, or any third party, and you have no recourse against us.

Specifically:

• Clinic Customers: We’re not responsible for the actions, errors, or compliance of Clinic Customers. This means we are not liable for the services, standard of care, actions, omissions, errors, malpractice, breach of fiduciary duties or ethics, or non-compliance of Clinic Customers with Applicable Laws or the Agreement in any way whatsoever. Your interactions with them are entirely at your own risk.
• Data Sharing: We don’t guarantee the quality, accuracy, legality, or successful transmission of Transmitted or Received Content, or the qualifications of senders or recipients.
• Health Outcomes: We’re not liable for any health issues or reduced ability of Clinic Customers to provide care due to deleted data or Platform use.
• Platform Performance: We don’t warrant that the Platform will be error-free, uninterrupted, or meet all your needs.

Since the Services are free to you, our total liability for any claims under this Agreement is limited to $50.00 CAD.

8. Term & Termination

8.1 Term

These Terms start when you become a patient of a Clinic Customer and are invited to sign up for an Account and continue until terminated ("Term"). Your contract with us begins when you create your Account on the Platform and access continues as long as you remain a Patient User of at least one Clinic Customer or, unless terminated earlier as described below.

8.2 Cancellation

You can close your Account at your discretion and cancel Services at any time. Upon cancellation, we may delete your Customer Data as outlined in Section 4.2.

8.3 Termination

By You: You can terminate use of your Account and Services at any time by emailing us at connect-support@avaindustries.ca or by logging into your Account and deleting it. Once your Account is deactivated, to access or obtain a copy of your Customer Data (e.g., health records, lab results), you must request it directly from your Clinic Customer, who manages your data in accordance with Applicable Laws as described in Section 4.2.

By Us: We may suspend or terminate your access to Ava Connect immediately to protect the Platform’s integrity or comply with Applicable Laws if: (a) you breach these Terms (e.g., misusing the Services, violating usage limits, or sharing login credentials); (b) we reasonably suspect unauthorized use of your Account; (c) you are no longer a patient of any Clinic Customer, as notified by the Clinic Customer; or (d) upon your death, as confirmed by a Clinic Customer, legal representative, or reliable evidence (e.g., death certificate). Where feasible, we aim to act reasonably and will notify you of any suspension or termination, with information on how to contact your Clinic Customer for your Customer Data per Section 4.2.

Effect of Termination: Upon termination, your access to the Platform ends, and you must stop using the Services. Your Customer Data will be retained by your Clinic Customer in accordance with Applicable Laws as described in Section 4.2. To access or obtain a copy of your Customer Data after termination, you must request it directly from your Clinic Customer.

9. Confidentiality

Your Customer Data is your Confidential Information, and we will protect it as required by Applicable Laws and these Terms. Upon termination of your Account, your Customer Data will be retained by your Clinic Customer following Applicable Laws as described in Section 4.2. To access or obtain a copy of your Customer Data after termination, you must request it directly from your Clinic Customer. We will maintain the confidentiality of any Customer Data we retain (e.g., in backups) as required by our policies and Applicable Laws.

10. Miscellaneous

10.1 Survival

Certain sections of these Terms remain in effect after your Account is terminated to protect your rights and ours. These include Section 2 (Definitions), Section 4 (Data), Section 7 (Disclaimers and Limitation of Liability), Section 9 (Confidentiality), and Section 10 (Miscellaneous, including Governing Law & Disputes, No Third Party Rights, Export Controls, this Survival clause) along with any other provisions that by their nature should survive.

10.2 Governing Law & Disputes

These Terms are governed by and interpreted under the laws of the Province of Alberta and the federal laws of Canada that apply there, ignoring any conflict-of-law rules, no matter where you’re based. The International Sale of Goods Act of Alberta and the United Nations Convention on Contracts for the International Sale of Goods don’t apply to these Terms or any deals they cover. If a dispute pops up, we’ll first try to sort it out through mediation in Alberta, using a neutral mediator we both agree on, within 30 days of one of us requesting it in writing. If mediation doesn’t work or if we can’t agree on a mediator, we both agree to settle any remaining disputes exclusively in Alberta courts.

10.3 Independent Contractors

Ava acts solely as an independent technology services provider and does not act as an agent, or fiduciary of the Clinic Customer. These Terms do not create a joint venture or agency relationship between us, nor the Clinic Customer. The Clinic Customer who provided you with access to the Platform retains full custodianship and control of all Customer Data and Personal Data and they remain responsible for compliance with applicable privacy and healthcare laws. Ava provides the Platform that allows the Clinic, at its discretion, to grant, restrict, or revoke Patient User access to data, including through role-based access controls. Ava does not determine Patient User access rights. and makes data available only as configured or authorized by the Clinic Customer.

10.4 No Third Party Rights

These Terms are between you and us. No one else, like Clinic Customers, gets rights under them unless we agree to it in writing.

10.5 Interpretation

We’ve written these Terms to be simple and clear, but here’s how to understand a few things. When we use a singular word (like “user”), it also covers the plural (like “users”), and vice versa. The use of headings is just for easy navigation; they do not change what the Terms say and mean. When we use words like “include,” “includes,” or “including,” “such as,” and other similar terms, it’s not a complete list, so think of it as “including, but not limited to.” This keeps everything straightforward!

10.6 Export Controls

You will not use or access our Services if you are located in any jurisdiction in which the provision of our Services is prohibited under Canadian, United States, or other laws (a “Prohibited Jurisdiction”), and you will not provide access to our Services to any government, entity, or individual located in any Prohibited Jurisdiction. You confirm that: (i) you are not named on any Canadian or United States government list of persons or entities prohibited from transaction with any Canadian or United States person; (ii) you are not a national of, or a company registered in, any Prohibited Jurisdiction; (iii) you will not access or use our Services in violation of any Canadian, United States, or other export embargoes, prohibitions or restrictions; and (iv) you will comply with all laws regarding the transmission of data exported from the country in which you are located to Canada and the United States.

10.7 No Waiver

If we don’t enforce a rule in these Terms right away, it doesn’t mean we’re letting it slide forever. We can still enforce it later, and you can too, unless we both agree in writing to waive it. This keeps us both free to act when needed.

10.8 Marketing

We may share marketing materials with you unless you opt out in writing within 30 days of signing up for your Account. To opt out, just email us at connect-support@avaindustries.ca.

10.9 Force Majeure

We’re not liable for service outages due to events beyond our control, like natural disasters or internet outages.

10.10 Assignment

You can’t assign these Terms without our consent. We can assign them freely.

10.11 Amendments

We may update these Terms by posting changes on our website, effective upon posting. Your continued use of the Services means your acceptance. If changes materially reduce your rights, you can terminate this Agreement and request the deletion of your Account within 30 days.

10.12 Entire Agreement

These Terms and our Privacy Policy are the full agreement between us, replacing any prior discussions we may have had.

10.13 Notices

Ava may contact you using the email address provided to deliver service related communications, including administrative notices, system updates, security notifications, and other non marketing information necessary to provide the Services. Notices from the Patient User must be in writing, sent via email to legal@avaindustries.ca and connect-support@avaindustries.ca.

10.14 Severability

If a court says any part of these Terms doesn’t work, together, we both agree that the rest of the Terms are still applicable and binding. We’ll adjust the broken bit to make it legal, so we can keep going.

11. Contact Us

Questions or concerns? Email us at connect-support@avaindustries.ca or call (587) 606-0063 (press 1). We’re here to help!