These Terms of Use (“Terms”) are a legal agreement between you (“you” or “Member”) and eSense Health Inc., located at 2226 St Johns Street, Port Moody, British Columbia, Canada (“eSense,” “we,” “our,” or “us”).

These Terms govern your access to and use of the eSense website and web-based digital therapeutic programs (collectively, the “Programs” or “Services”).

By clicking “I Accept” or otherwise accessing or using the Programs, you agree to be bound by these Terms, our Privacy Policy, and our Refund & Cancellation Policy. If you do not agree, do not access or use the Programs.

1. Eligibility

You must be at least 18 years of age to use the Programs. By using the Programs, you represent and warrant that you meet this requirement and have the legal capacity to enter into these Terms.

2. Nature of the Programs

eSense provides evidence-based, self-guided digital programs relating to sexual health and well-being, delivered through a web-based platform.

The Programs:

• Are intended for education, skill-building, and support
• Are not emergency or crisis services
• Are not a substitute for individualized medical, psychological, or mental health care
• Do not create a doctor–patient or therapist–patient relationship

If you have a medical or mental health emergency, or if you are experiencing thoughts of self-harm or harm to others, seek immediate professional assistance or call emergency services. eSense is not a substitute for formal services. Do not use the Programs if you feel they represent a risk to your health or well-being.

Where navigator support is offered, navigators may view limited, high-level program progress (such as module completion status) solely to prepare for scheduled sessions, but do not have access to your in-program responses, journals, or tracking data.

3. Access and License

The Programs are not sold to you. When access is made available (including following a free trial or a paid purchase), eSense grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Programs solely for your personal, non-commercial use, and only for the period of access provided.

No ownership rights are transferred. All content and materials remain the exclusive property of eSense or its licensors.

4. Accounts and Security

To access certain features, you may be required to create an account.

You agree to:

• Provide accurate and complete information
• Keep your login credentials confidential
• Notify us promptly of any unauthorized access or security breach

You are responsible for all activity that occurs through your account. We may implement security measures such as automatic log-outs to protect your information.

5. Privacy and Personal Information

Your use of the Programs involves the collection and processing of personal information, including health-related information, as described in our Privacy Policy.

You may request access to, correction of, or deletion of your personal information, subject to applicable legal, regulatory, and data-retention requirements. Requests can be made at info@esensehealth.ca.

We process personal information in accordance with applicable privacy laws in Canada and the United States.

6. Permitted and Prohibited Use

You may use the Programs only as intended and in compliance with these Terms and applicable law.

You agree not to:

• Share, resell, sub-license, or transfer your account or access
• Use the Programs for any commercial purpose
• Copy, reproduce, distribute, or create derivative works from the Programs
• Reverse engineer, scrape, or attempt to extract source code or underlying data
• Interfere with the security or operation of the Programs
• Use the Programs for unlawful, harmful, or deceptive purposes
• Engage in abusive, harassing, threatening, discriminatory, or otherwise inappropriate conduct toward navigators, eSense personnel, or other users, including the use of hostile or offensive language during sessions or communications.

We may suspend or terminate access if we reasonably believe these Terms have been violated.

Navigator Conduct and Removal of Access:
eSense is committed to maintaining a safe and respectful environment for both users and navigators. If we reasonably determine that your conduct toward a navigator or eSense personnel is abusive, harassing, threatening, discriminatory, or otherwise inappropriate, we may immediately suspend or terminate your access to navigator support and/or the Programs. In such circumstances, you will not be entitled to a refund for unused navigator minutes, access time, or add-ons.

7. Content and User Inputs

All program content, including text, audio, video, exercises, and design elements (“Content”), is owned by eSense or its licensors and protected by intellectual property laws.

You retain ownership of information you input into the Programs. By using the Programs, you grant eSense a non-exclusive, royalty-free right to use such inputs in de-identified or aggregated form for the purpose of operating, improving, evaluating, and researching the Programs.

8. Payments, Add-Ons, and Access Period

The Programs may be offered through:

• A free trial period
• A one-time purchase for time-limited access
• Optional paid add-ons, such as additional navigator support or extended access

The duration of access depends on the Program or add-ons purchased and will be clearly communicated at the time of purchase. Access concludes automatically at the end of the applicable access period.

Billing terms, cancellations, and refunds are governed by our Refund & Cancellation Policy, which forms part of these Terms.

The Programs are not subscriptions, and access does not renew automatically.

9. Termination

You may stop using the Programs at any time.

We may suspend or terminate your access if you violate these Terms, misuse the Programs, or if required for legal, security, or operational reasons.

Termination or expiration of access does not affect provisions that by their nature should survive, including intellectual property, disclaimers, and limitation of liability.

10. Disclaimers

THE PROGRAMS ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY, COMPLETENESS, OR OUTCOMES OF USING THE PROGRAMS. RESULTS MAY VARY.

THE PROGRAMS DO NOT PROVIDE MEDICAL DIAGNOSIS, TREATMENT, OR EMERGENCY SERVICES. NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION AND/OR SERVICES PROVIDED BY OR THROUGH THE USE OF THE PROGRAMS OR THROUGH ANY OTHER COMMUNICATIONS FROM US.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, eSENSE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO YOUR USE OF THE PROGRAMS.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT YOU PAID TO eSENSE FOR ACCESS TO THE PROGRAMS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Dispute Resolution

We encourage you to contact us first to resolve any concerns informally.

Any dispute that cannot be resolved informally shall be resolved by binding arbitration, conducted in Vancouver, British Columbia, under the rules of the British Columbia International Arbitration Centre. You waive any right to a trial by jury.

13. Governing Law

These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles.

14. Changes to These Terms

We may update these Terms from time to time. Continued use of the Programs after changes take effect constitutes acceptance of the updated Terms.

15. Contact Information

eSense Health Inc.
Email: info@esensehealth.ca
Website: www.esensehealth.com