Terms of Service

Effective Date: April 6, 2025

1. Introduction and Acceptance of Terms

1.1. These Terms of Service (“Terms”) govern your access to and use of Plunge, Inc.’s (“Plunge”, “Company”, “us”, “our”, or “we”) online healthcare clinic services, website https://321plunge.com (the “Site”), and any Plunge applications provided on any mobile platform (collectively, the “Services”).

1.2. By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Services.

1.3. You must be at least 18 years of age to use our Services. If you are under 18, you represent that you have your parent’s or legal guardian’s permission to use the Services.

1.4. Plunge reserves the right to modify these Terms at any time in its sole discretion without prior notice. Your continued use of the Services after such modifications constitutes your acceptance of the modified Terms.

1.5. These Terms contain provisions that limit our liability and require you to resolve any disputes with us on an individual basis. BY ACCEPTING THESE TERMS, YOU AGREE TO THESE LIMITATIONS.

1.6. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND.

2. Services Description

2.1. Plunge provides online healthcare clinic services, including but not limited to:

Health assessment tools
Remote health consultations
Health data tracking and dashboard services
Diagnostic services
Treatment recommendations
Blood test analysis and interpretation
Personalized health recommendations
Digital health records
Telemedicine consultations
Prescription management
Health educational content
Wellness tracking
Medical appointment scheduling

2.2. The Services are provided for informational and educational purposes only. YOU ACKNOWLEDGE THAT THE SERVICES DO NOT CONSTITUTE MEDICAL ADVICE OR TREATMENT AND WE ARE NOT RESPONSIBLE FOR ANY HEALTH DECISIONS YOU MAKE BASED ON INFORMATION OBTAINED THROUGH THE SERVICES.

2.3. Our health dashboard is provided as an optional service that allows you to track your health metrics. The data displayed is based on information you provide and may include comparative statistical analysis with anonymized user data.

2.4. We may, at our sole discretion, modify the Services, discontinue the Services, or add or remove features at any time without notice or liability for any reason whatsoever.

2.5. Access to certain features of the Services may be subject to fees or subscription charges, which may change from time to time at our sole discretion. Any such fees will be clearly disclosed before you incur them.

2.6. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SERVICES.

3. Account Registration and Security

3.1. To access certain features of the Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to keep your account information updated.

3.2. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

3.3. We reserve the right to suspend or terminate your account at our sole discretion without notice for any reason whatsoever, with or without cause.

3.4. You agree that you will not share your account credentials with any third party or allow any third party to access your account.

3.5. We reserve the right to refuse registration, cancel an account, or remove or edit content in our sole discretion, with or without cause.

3.6. YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THIRD PARTY ACCESS TO YOUR ACCOUNT THAT RESULTS FROM THEFT OR MISAPPROPRIATION OF YOUR ACCOUNT CREDENTIALS.

4. User Responsibilities and Conduct

4.1. You agree to use the Services only for lawful purposes and in accordance with these Terms.

4.2. You agree not to:

Use the Services in any way that violates any applicable federal, provincial, local, or international law or regulation
Impersonate another person or misrepresent your affiliation with a person or entity
Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services
Use any robot, spider, or other automatic device to access the Services
Introduce any viruses, Trojan horses, worms, or other material that is malicious or technologically harmful
Attempt to decompile, reverse engineer, or disassemble any portion of the Services
Harvest or collect email addresses or other contact information of other users from the Services
Use the Services in any manner that could disable, overburden, damage, or impair the site
Use any information obtained from the Services to harass, abuse, or harm another person
Use the Services for any commercial purposes without our prior written consent
Monitor availability, performance or functionality of the Services for any competitive purpose
Engage in any data mining, data harvesting, data extracting or any other similar activity in relation to the Services
Create a false identity or impersonate another person in connection with your use of the Services

4.3. You are solely responsible for:

Any decisions you make based on information provided through the Services
Providing accurate and complete information about your health
Seeking appropriate professional medical advice when necessary
Ensuring your use of the Services complies with all applicable laws and regulations
Any consequences resulting from your use of the Services
Maintaining appropriate security measures to protect your personal data
Actions that take place using your account credentials
Any use of or reliance on any content or materials found on the Services

4.4. The Services may include interactive features that allow users to post, submit, publish, display, or transmit content. You understand that all such contributions are non-confidential and Plunge shall have the right to use, copy, display, perform, distribute, translate, or disclose such contributions to third parties without compensation to you.

4.5. YOU ACKNOWLEDGE THAT YOU USE THE SERVICES AT YOUR OWN RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED WITH YOUR USE OF THE SERVICES.

5. Intellectual Property Rights

5.1. The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Plunge, its licensors, or other providers of such material and are protected by Canadian and international intellectual property laws.

5.2. These Terms grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services.

5.3. Any feedback, comments, or suggestions you provide regarding the Services shall be deemed to be non-confidential, and Plunge shall be free to use such information on an unrestricted basis without compensation to you.

5.4. The Plunge name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Plunge or its affiliates. You may not use such marks without the prior written permission of Plunge.

5.5. You retain ownership of any intellectual property rights in content you submit to the Services. By submitting content, you grant Plunge a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content for any purpose whatsoever, commercial or otherwise, without compensation to you.

6. User Content

6.1. By submitting, posting, or displaying content on or through the Services (“User Content”), you grant Plunge a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content for any purpose, including for commercial, marketing, promotion, and redistributing part or all of the Services.

6.2. You represent and warrant that you own or control all rights in and to the User Content and have the right to grant the license above. You also represent and warrant that your User Content does not violate any third party’s rights or any applicable laws.

6.3. We reserve the right to remove any User Content that violates these Terms or that we deem, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, without any obligation to provide notice or explanation.

6.4. We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Services.

6.5. YOU UNDERSTAND THAT ONCE YOU POST USER CONTENT, IT MAY NOT BE POSSIBLE TO REMOVE SUCH CONTENT FROM THE SERVICES, AND YOU RELEASE US FROM ANY LIABILITY FOR MAINTAINING ANY USER CONTENT.

7. Health Data and Medical Information

7.1. When you use our Services, we may collect health data provided by you for the purpose of diagnosing and treating illnesses through our online health clinic services. This includes information derived from blood test results, photographs, and other medical data you submit to us.

7.2. By submitting health data, you grant Plunge permission to:

Process your health data to provide you with the Services
Use your health data to populate your individual private health dashboard
Anonymize your health data for statistical analysis and comparison against other users
Store your health data on our secure servers
Share your health data with healthcare providers as necessary to provide the Services
Use your health data for research and development purposes
Use your health data to improve our Services and develop new products and services
Use your health data to create aggregate statistics about users of our Services
Transfer your health data to third parties in connection with a corporate transaction
Disclose your health data as required by law or to protect our legal rights
Any other use as we may determine in our sole discretion

7.3. Provincial health records cannot be destroyed by us, and you should consult your province if you would like further information or have concerns regarding these records.

7.4. You acknowledge that:

The Services are not intended to provide emergency medical services
Information provided through the Services is not a substitute for professional medical advice, diagnosis, or treatment
We do not guarantee that the information provided is accurate, complete, or up-to-date
You should always consult with a qualified healthcare provider before making any health-related decisions
We are not responsible for any health decisions you make based on information obtained through the Services

7.5. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY HEALTH-RELATED INFORMATION OR SERVICES PROVIDED BY PLUNGE IS AT YOUR SOLE RISK AND THAT PLUNGE ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY HEALTH OUTCOMES RESULTING FROM YOUR USE OF THE SERVICES.

7.6. For more information about how we handle health data, please refer to our Privacy Policy.

8.2. Plunge and its affiliates do not warrant that:

The Services will function uninterrupted, secure, or available at any particular time or location
Any errors or defects will be corrected
The Services are free of viruses or other harmful components
The results of using the Services will meet your requirements
The quality of any products, services, information, or other material purchased or obtained through the Services will meet your expectations
The Services will be compatible with your hardware or software
Your use of the Services will not infringe any third party’s rights
Any information obtained through the Services will be accurate or reliable
Any defects in the operation or functionality of the Services will be corrected

8.3. Medical information changes constantly, and therefore the medical information provided by Plunge may be inaccurate, incomplete, or outdated.

8.4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PLUNGE OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

9. Limitation of Liability

9.1. IN NO EVENT SHALL PLUNGE, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES
ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES
ANY CONTENT OBTAINED FROM THE SERVICES
UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT
ANY MEDICAL OR HEALTH-RELATED DECISIONS MADE BY YOU BASED ON INFORMATION PROVIDED THROUGH THE SERVICES
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES
ANY OTHER MATTER RELATING TO THE SERVICES
ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY
ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SERVICES
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES

9.2. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.

9.3. THE LIMITATIONS OF LIABILITY SET OUT IN THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER PLUNGE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

9.4. YOU EXPRESSLY UNDERSTAND AND AGREE THAT PLUNGE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM:

YOUR FAILURE TO FOLLOW OUR SAFETY RECOMMENDATIONS
YOUR RELIANCE ON ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICES
THE TEMPORARY OR PERMANENT DISCONTINUATION OF THE SERVICES
DELETION, CORRUPTION, OR FAILURE TO STORE ANY USER CONTENT OR OTHER DATA MAINTAINED OR TRANSMITTED THROUGH THE SERVICES
YOUR FAILURE TO PROVIDE US WITH ACCURATE INFORMATION
YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL

10. Indemnification

10.1. You agree to defend, indemnify, and hold harmless Plunge, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:

Your violation of these Terms
Your use of the Services
Your User Content
Your violation of any third party’s rights
Your violation of any law or regulation
Any claim that your User Content caused damage to a third party
Any activity related to your account
Any use of your account credentials by any person
Your negligence or willful misconduct
Your failure to obtain proper medical advice or care
Or any other matter related to your use of the Services

10.2. Plunge reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Plunge.

10.3. THIS INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS AND YOUR USE OF THE SERVICES.

11. Termination

11.1. We may terminate or suspend your access to all or part of the Services, without notice or liability, for any conduct that we, in our sole discretion, believe is in violation of these Terms or is harmful to the interests of another user, a third-party, or us, or for no reason whatsoever.

11.2. You may terminate these Terms at any time by discontinuing use of the Services and closing your account.

11.3. All provisions of the Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11.4. Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services, or you may contact us at https://321plunge.com/contact.

11.5. We are not responsible for any loss or harm related to your inability to access or use the Services after termination.

11.6. PLUNGE, IN ITS SOLE DISCRETION, RESERVES THE RIGHT TO DISCONTINUE PROVIDING THE SERVICES OR ANY PART THEREOF WITH OR WITHOUT NOTICE.

12. Governing Law and Jurisdiction

12.1. These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

12.2. Any legal action or proceeding relating to your access to or use of the Services shall be instituted exclusively in the courts located in Toronto, Ontario. You agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

12.3. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

12.4. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

13. Dispute Resolution

13.1. Any dispute, controversy, or claim arising out of or relating to these Terms, including the formation, interpretation, breach, or termination thereof, shall be referred to and finally resolved by arbitration in accordance with the arbitration laws of Ontario.

13.2. The arbitration will be conducted in the English language and will take place in Toronto, Ontario, Canada.

13.3. The arbitration tribunal shall consist of a sole arbitrator appointed by Plunge.

13.4. THE PARTIES AGREE THAT ANY ARBITRATION SHALL BE LIMITED TO THE DISPUTE BETWEEN THE PARTIES INDIVIDUALLY. TO THE FULL EXTENT PERMITTED BY LAW:

NO ARBITRATION SHALL BE JOINED WITH ANY OTHER
THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS
THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS

13.5. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND PLUNGE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

13.6. NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT PLUNGE MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.

14. Severability and Waiver

14.1. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

14.2. The failure of Plunge to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

14.3. No waiver by Plunge of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Plunge to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

14.4. YOU WAIVE ANY RIGHT YOU MAY HAVE TO RECEIVE SPECIFIC NOTICE OF SUCH CHANGES OR MODIFICATIONS.

15. Entire Agreement and Assignment

15.1. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Plunge regarding our Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter.

15.2. You may not assign or transfer these Terms, by operation of law or otherwise, without Plunge’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void.

15.3. Plunge may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

16. Changes to Terms

16.1. We reserve the right, at our sole discretion, to modify or replace these Terms at any time without prior notice. Your continued use constitutes acceptance of such changes.

16.2. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the Services.

16.3. YOU AGREE THAT YOUR CONTINUED USE OF THE SERVICES AFTER SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU ARE PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.

17. Notice and Electronic Communications

17.1. You agree that we may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the Services.

17.2. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

18. Waiver and Severability

18.1. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

18.2. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

19. Headings

19.1. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.

20. Privacy and Data Protection

20.1. You acknowledge that you have read our Privacy Policy, which describes how we collect, use, and share your personal data. By using the Services, you consent to the collection, use, and sharing of your personal data as described in our Privacy Policy.

20.2. You acknowledge that data transmitted via the internet is never completely secure and you provide your information at your own risk.

20.3. YOU CONSENT TO OUR COLLECTION, USE, AND DISCLOSURE OF YOUR PERSONAL INFORMATION AS DESCRIBED IN OUR PRIVACY POLICY.

21. Non-Performance

21.1. The failure of Plunge to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.

21.2. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

22. Contact Information

22.1. For any questions about these Terms, please contact us at:

Plunge, Inc. 140 Yonge Street Suite 200 Toronto, ON M5C 1X6 https://321plunge.com/contact