1About these terms
These terms are an agreement between Digital Odyssey, a federally incorporated Canadian corporation operating under the trade name Digital Odyssey (“Digital Odyssey”, “we”, “us”), and the business that signs up for the Digital Odyssey Clinic Dashboard (“you”, the “Customer”).
By creating an account, signing an order form, or using the Service, you accept these terms on behalf of your business, and you confirm you have authority to do so. If you signed an order form with us, it forms part of this agreement. Where the order form and these terms conflict, the order form wins.
2Definitions
- Service
- The Digital Odyssey Clinic Dashboard: the hosted web application, its reports, scorecards, summaries, data uploads and related support.
- Account
- Your business’s workspace in the Service, holding one or more Clinics.
- Clinic
- A clinic location you add to your Account.
- Authorized User
- A person you invite to your Account, such as an owner, manager or doctor.
- Customer Data
- Information you or your Authorized Users enter, upload or connect, including expenses, revenue, billing totals, doctor details, logos and settings.
- Order Form
- The plan, price and number of Clinics you agreed to, online or in writing.
3The Service
3.1The Service turns the figures you provide into clinic profit-and-loss reports, portfolio comparisons, doctor scorecards and monthly summaries.
3.2We grant you a non-exclusive, non-transferable right for your Authorized Users to use the Service for your internal business purposes during your subscription.
3.3The Service is a business reporting tool. It does not provide medical, legal, accounting, tax, employment or financial advice. Results depend on the accuracy and completeness of the data you provide.
3.4We may improve or change features over time. We will not materially reduce the core reporting features of your plan during a paid term without notice.
4Accounts and users
- The person who opens the Account is its owner and controls who is invited and what each Authorized User can see.
- You are responsible for everything done under your Account and for keeping Authorized Users’ details accurate.
- Owners and managers must use two-step verification. Do not share logins.
- Tell us promptly at hello@digitalodyssey.agency if you suspect unauthorized access.
5Your data
5.1You own Customer Data. You give us permission to host, copy, process and display it only as needed to provide, secure and support the Service for you.
5.2No patient health information. You must not upload or enter information that identifies patients or describes their health or care, including names, personal health numbers, diagnoses or visit notes. Upload only totals and summaries per doctor and per Clinic. We may reject or delete uploads that appear to contain patient information.
5.3We may use aggregated, de-identified statistics about how the Service is used (for example, how many reports are generated) to operate and improve it. These never identify you, your Clinics, your doctors or any individual.
5.4We do not sell Customer Data and do not use it to market to your doctors, staff or patients.
6Privacy and security
6.1For personal information in Customer Data, such as doctor names and billing totals, you are the organization in control of that information under Alberta’s Personal Information Protection Act. We act as your service provider and handle it only on your instructions and as these terms allow.
6.2Customer Data is stored in Canada. We use encryption in transit and at rest, access controls that separate each Account’s data, two-step verification for administrators, logging of access to doctor-level data.
6.3Access to Customer Data by our staff is limited to what is needed to provide support, is recorded, and is visible to you in your Account’s access log.
6.4If we confirm a security incident affecting your Customer Data, we will notify you within 48 hours, tell you what we know, and help you meet any duty to report to the Office of the Information and Privacy Commissioner of Alberta or to affected individuals.
6.5Our Privacy Policy and, where signed, our Data Processing Agreement give more detail and form part of these terms.
7Your responsibilities
- You have the right to give us the Customer Data you provide, including doctors’ billing and performance figures.
- You have told your doctors and staff, in writing, that their figures are used in the Service for performance reporting, and you have any consent the law requires.
- You will use scorecards and summaries fairly and in line with each doctor’s contract and applicable law. Any decision about a doctor’s engagement is yours.
- You will not misuse the Service: no attempts to access other customers’ data, test or bypass security, reverse-engineer the Service, upload malicious code, or resell access without our written agreement.
8Your branding
8.1You may add your logo, display name and colours to your Account. You confirm you own or may use them, and you let us display them within your Account and in reports and emails sent to your Authorized Users.
8.2The Service remains a Digital Odyssey product. A “Powered by Digital Odyssey” mark stays on the Service and its reports. We may adjust colours you choose where needed to keep text readable and accessible.
9Fees and billing
- Fees are set out in your Order Form, charged per Clinic per month, and billed in advance in Canadian dollars. One-time setup fees are billed when you sign up.
- Fees exclude applicable taxes, including GST, which we add to invoices.
- Adding a Clinic increases your fee from the next billing date. Removing one takes effect at the end of the current paid month.
- If a payment is more than 14 days late, we may suspend access after written notice. Your data is kept during suspension.
- We may change prices with at least 30 days’ written notice. A change applies from your next billing period after the notice ends.
- Fees already paid are not refundable, except where these terms or the law say otherwise.
10Trials and pilots
If we give you a free trial or pilot, its length and any special pricing will be in your Order Form. Pilot features may change or be incomplete. At the end of the trial or pilot, your Account moves to the paid plan in your Order Form unless you cancel first. Your data is kept for 30 days after a trial ends without conversion, then deleted.
11Connected services
You may connect services such as Meta, Google Ads, your accounting system or your payroll provider. Those services are governed by their own terms, which you are responsible for meeting. We are not responsible for their availability, accuracy or changes. You can disconnect a service at any time in your Account settings.
12AI-generated summaries
Some features, such as monthly summaries and answers to questions about your numbers, are written automatically by artificial intelligence from your Customer Data. They can be wrong or incomplete. Review them against the underlying figures before relying on them. We do not allow our AI providers to use your Customer Data to train their models.
13Availability and support
We aim to keep the Service available at all times, except for planned maintenance, which we schedule outside Edmonton business hours where possible and announce in advance. Support is by email at hello@digitalodyssey.agency, Monday to Friday, 9:00 a.m. to 5:00 p.m. Mountain Time, excluding Alberta statutory holidays. Any guaranteed uptime or response times apply only if written in your Order Form.
14Intellectual property
We own the Service, including its software, design, scoring methods, templates and documentation, and all improvements to them. These terms do not transfer any of our intellectual property to you. If you send us feedback or suggestions, we may use them freely without owing you anything.
15Confidentiality
Each of us will keep the other’s non-public business information confidential, use it only for this agreement, and share it only with people who need it and are bound to keep it confidential. This does not apply to information that is public, already known, independently developed, or that must be disclosed by law, in which case the disclosing party will give notice where allowed.
16Term, cancellation and your data
16.1Your subscription runs month to month, or for the term in your Order Form, and renews automatically until cancelled.
16.2You may cancel at any time in your Account settings or by email. Access continues to the end of the paid period.
16.3We may end or suspend your Account if you seriously breach these terms and do not fix the breach within 14 days of written notice, or immediately where needed to protect the Service, other customers or the law.
16.4Your data after cancellation. You can export your Customer Data for 30 days after your Account ends. We then delete it from the live Service within 90 days. Copies in backups are overwritten on their normal cycle and stay protected until then.
16.5Sections 5, 6.4, 14, 15, 16.4 and 17 to 22 continue after this agreement ends.
17Disclaimers
Except as expressly stated in these terms, the Service is provided “as is” and “as available”. To the extent the law allows, we disclaim all other warranties and conditions, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not promise that the Service will be error-free or uninterrupted, or that it will achieve any particular business result.
18Limitation of liability
To the extent the law allows, neither party is liable for indirect, incidental, special or consequential damages, or for lost profits, revenue or goodwill. Each party’s total liability under this agreement is limited to the fees you paid us in the 12 months before the event giving rise to the claim.
These limits do not apply to your payment obligations, to either party’s indemnity obligations, or to liability that cannot be limited by law.
19Indemnity
You will defend and compensate us against claims by third parties, including your doctors or staff, arising from Customer Data you provided without the right to do so, from patient information uploaded in breach of section 5.2, or from your decisions based on the Service. We will defend and compensate you against third-party claims that the Service, used as permitted, infringes their intellectual property.
20Changes to these terms
We may update these terms. We will give at least 30 days’ notice of material changes by email and in the Service. Changes apply from your next billing period after the notice ends. If you do not agree, you may cancel before then. The version and effective date are shown at the top of this page.
21Governing law and disputes
These terms are governed by the laws of the Province of Alberta and the federal laws of Canada that apply there. We will first try to resolve any dispute by good-faith discussion between senior representatives for 30 days. If that fails, the courts of Alberta sitting in Edmonton have exclusive jurisdiction.
22General
- This agreement, with your Order Form, Privacy Policy and any Data Processing Agreement, is the whole agreement about the Service.
- You may not transfer it without our written consent. We may transfer it to a successor of our business, with notice to you.
- Neither party is responsible for delays caused by events beyond its reasonable control.
- If any part is found unenforceable, the rest stays in effect. Not enforcing a term is not a waiver of it.
- Notices must be in writing by email to the addresses on your Account and in section 23.