Terms of service.

Benchmark Proactive Health Inc. Terms of Service (the “Terms”)

Last Updated: May 3, 2024 

1. DESCRIPTION OF SERVICES

2. INFORMATIONAL WELLNESS PURPOSES

3. ASSUMPTION OF RISKS

4. ELIGIBILITY

5. DATA & PRIVACY

6. INTELLECTUAL PROPERTY

7. RESPECT & GOOD FAITH

8. FORCE MAJEURE

9. APPOINTMENT POLICIES

10. USE OF EQUIPMENT & THIRD PARTY SERVICES

11. COMMUNICATION

The Terms are part of a legally binding contract between you (“you,” “your,” “member,” or “user”) and Benchmark Proactive Health Inc. (“Benchmark,” “Company,” “we,” or “us”), and govern your access and use of the services offered or made available by Benchmark Proactive Health Inc., including use of our website, www.mybenchmarkhealth.com, and all services and communications offered in-person, by phone, by text messages, or online (collectively, the “Services”). These Terms are governed by the laws and regulations of Ontario, Canada.

Please read these Terms carefully. You must agree to and accept these Terms in order to access our Services. By accepting these Terms, you are stating that you have read and understood these Terms and that you agree to accept and be bound by these Terms, which can be modified periodically, so review them regularly. Any changes to these Terms are effective upon posting to our website. Your continued use of our Services after an update to these Terms has been posted constitutes your acceptance of the Terms as modified by such updates. If you disagree with these Terms, your sole remedy is to discontinue use of the Services.

1. DESCRIPTION OF SERVICES

Benchmark currently provides two offerings described below.

A) The “Benchmark Proactive Assessment” includes the following:

i) Assessments:

• An in-person “Testing Session” which includes:

  • A “DEXA Scan” or “Body Composition DEXA Scan” (a scan using dual x-ray absorptiometry to assess body composition)

    1. A “VO2 Max” exercise test (a test that assesses oxygen utilization during exercise to estimate “VO2 Max” or the maximal amount of oxygen one’s body is able to use at peak exertion; this estimate may also be considered a “VO2 Peak,” as the true maximum may not in fact be reached)

    2. An assessment of grip strength

    3. An assessment of balance

    4. An assessment of power generated by a vertical jump

• A blood test for a specific list of biomarkers

• Provision of a one-time-use “Continuous Glucose Monitor” (a “CGM”) used to measure interstitial glucose levels

• Use of a Blood Pressure monitor (to be returned) for a period of approximately four (4) weeks 

• Collection and analysis of data from a wearable device that tracks fitness & sleep

ii) Analysis & Insights:

• A final “Benchmark Report,” a report that summarizes key data and offers insights, based on results of the assessments described above

• A complimentary discussion to review and explain the results in the report 

iii) Educational Content: Content and recommended resources related to the metrics assessed

B) The “Benchmark Body Composition DEXA Scan” includes the following:

• Assessment: 

  • A “DEXA Scan” or “Body Composition DEXA Scan” (a scan using dual x-ray absorptiometry to assess body composition)

• Analysis & Insights:

  • A report that contains results of the Body Composition DEXA Scan

  • A complimentary discussion to review the report and explain the results

2. INFORMATIONAL WELLNESS PURPOSES

1. Benchmark does not provide medical services, and no doctor-patient relationship is formed through use of our Services. Benchmark does not offer medical advice or medical opinion, and is not to be used for the diagnosis, treatment, detection, prevention, or management of any disease or condition. All information, data, and content that Benchmark provides is for general informational purposes only. 

2. Benchmark’s Services are not a substitute for medical care, medical advice, and/or the services offered by your own primary health provider or any other healthcare professional. Seek the advice of a qualified healthcare professional to discuss any diagnosis, treatment, questions, or decisions related to your healthcare. Do not delay in seeking advice or care, or otherwise ignore the advice or direction of a qualified healthcare professional based on your use of our Services. If you believe you may be experiencing a medical emergency, dial 911 immediately.

3. ASSUMPTION OF RISKS

1. To the fullest extent permitted by applicable law, you agree that you use our Services, and any information provided in connection with our Services, at your own risk. You acknowledge that, before using our Services, it is important that you seek the advice of a qualified healthcare professional to determine whether you should use our Services given your medical history and personal circumstances. It is ultimately your decision to participate in any aspect of our Services, and you assume all risks associated with using our Services, including aspects of our Services we offer directly and those we facilitate through third parties. These risks include but are not limited to those associated with physical testing, such as injury, fatigue, fainting, abnormal blood pressure, irregular heart rhythm, injury, and in very rare instances, heart attack, stroke, or death.
   
   You also take on all risks associated with use of equipment or assessments  associated with our Services delivered or facilitated by third parties, including but not limited to blood testing, the use of a wearable device, the use of a Continuous Glucose Monitor, the use of a blood pressure monitor, the use of a respiratory testing mask used for the VO2 Max test (which is a maximal exercise test used to estimate your maximal oxygen utilization), and the use of other fitness equipment and assessment devices we employ. This includes physical risks, as well as risks associated with data privacy of data collected and managed by third-party providers.
   
   Before you participate in the in-person Testing Session, you will be required to complete a screening questionnaire to identify whether any assessment is not suitable for you, or requires modification. You will also be required to review and sign a consent form that informs you of the purpose, design, and key risk factors associated with the Testing Session assessments.

1. While Benchmark will make every effort to ensure that the information we provide is complete and accurate in all cases, you acknowledge and accept that the information we provide may be incomplete or inaccurate. Such information includes but is not limited to the following as part of our Services: (a) results of the tests conducted by Benchmark or via third parties as part of our Services, (b) explanations, interpretations, and recommendations offered in relation to such results, c) benchmarking data offered to you for reference, and c) educational content we provide or recommend. Benchmark does not warrant the accuracy, completeness, or precision of any test results, data, or information accessed or delivered through our Services. 

2. A margin of error exists with the equipment, protocols, and reference data we use; the information provided should always be taken as directional rather than precise. Even under the best conditions, it is important to understand that the assessments we use naturally have a limited level of precision attainable, and will have variability across testing instances. Variability may include but is not limited to: differences in sensitivity or calibration across testing devices, differences in environmental conditions during testing occasions, differences in the protocols used or the level of adherence to protocols, etc.. Additionally, the reference data we offer as population reference points represent what we have deemed to be the most relevant available, but these are only provided to contextualize the data at a high level, not with any degree of precision. If the results of an assessment are drastically different from what we would expect, or we believe results have been significantly compromised through no fault of your own, we will notify you and offer to repeat the assessment.

1. ELIGIBILITY

1. You acknowledge and agree that you are eligible to use our Services. You must be eighteen (18) years of age or older to use our Services. You represent that you are of sound mind and body to agree to our Terms, and that you are equipped and authorized to: (a) consent to our Terms, (b) authorize and make payments to us, (c) authorize all rights and licenses herein granted to Benchmark and assume all responsibilities, liabilities, debts, and obligations herein required of you, (d) submit any personal or other information requested in connection with our Services, and (e) provide us with complete and accurate information to the best of your knowledge.

2. We reserve the right to deny any or all aspects of our Services to anyone at any time. Such reasons may include but are not limited to: if you do not meet eligibility or safety requirements, or for any violation of our Terms. Furthermore, you may not use some or all of our Services and/or you may be required to cease the use of some or all of our Services, if you: (a) fail to meet the safety screening requirements to participate in any particular aspect of our Services, and/or (b) receive advice from your healthcare provider that you should not participate in any aspect of our Services, and/or (b) are under a legal obligation that restricts and/or precludes your use of our Services, and/or (c) you display threatening, abusive, or disruptive behavior in the determination of a Benchmark representative, employee, partner or third party, and/or d) you are unwilling or unable to fully agree to and abide by our Terms.
   
   If you do not meet certain screening criteria to participate in any aspect(s) of our program, or you receive advice from your healthcare provider that you should not participate in any particular aspect(s) of our Services, including but not limited to: VO2 Max maximal exercise testing, balance testing, strength testing, jump testing, DEXA Body Composition Scan, Continuous Glucose Monitoring, and/or Blood Testing, you will not be eligible to participate in such aspect(s) of our Services. In such cases, we will try to offer a suitable alternative if/where possible, but we reserve the right to exclude this aspect entirely. It is your responsibility to notify us of any health issues, concerns, or conditions that may impact your participation in our Services, and to notify us of any changes to your health that may impact your participation over the course of delivery of our Services. 

5. DATA & PRIVACY

1. You have reviewed and agree with our Privacy Policy, which describes how we collect, use, and store your personal information, how we communicate with you, and how we protect your privacy. It is available on our website at: www.mybenchmarkhealth.com/benchmark/legal/PrivacyPolicy. We will make changes to the Privacy Policy periodically; please review it regularly for updates.

2. You will be required to agree to, and abide by, the Terms of Use and Privacy Policy of each third-party equipment and/or software provider we use for your assessments. Some of these also require you to download one or more mobile apps. In some cases, we access your results through the data-sharing platform of the third-party provider, as outlined below:

   1. For blood pressure data, you will be required to download the Medilink app by BIOS Medical, a division of Thermor Ltd., and agree to their License Agreement and Privacy Policy provided when you create an account with them. We will access your data via the Medilink platform; we may also request that you share your blood pressure data via email.

   2. For continuous glucose monitoring, you will be required to download the Dexcom mobile app and create an account, which includes agreeing to their Terms of Use and Privacy Policy. You will also be required to download and log into Dexcom’s Clarity mobile app. You will be required to share your data with us via Dexcom’s Clarity platform using the code provided.

   3. For your wearable, you will be required to download the WHOOP mobile app and create an account (if you don’t already have one), which includes agreeing to their Terms of Use and Privacy Policy. 

      1. If you don’t have your own WHOOP, you will also be required to register for a WHOOP 1-Month Trial, so that you can use the WHOOP device to collect wearable data over multiple weeks. You will be agreeing to the terms associated with WHOOP’s 1-Month Trial, as described in WHOOP’s Terms of Service. This will require you to provide credit card information to WHOOP, and pay approximately $14 CAD for shipping. A credit for this amount is deducted from the cost of your Benchmark Proactive Health Assessment, in order to reimburse you for that cost if you choose the WHOOP Trial option. Note that you must a) cancel your 1-Month Trial with WHOOP directly, within 30 days of activation, AND b) within 7 days of cancellation, you must return the WHOOP wearable, charger, and charging cord using the return label provided by WHOOP upon cancellation. Note also, that if you don’t activate your Trial within 30 days after ordering it, WHOOP will activate it automatically. If you do not cancel and return the equipment within the stated timeframes, WHOOP will automatically charge your credit card for a one-year WHOOP membership (approximately $320 CAD). More information about WHOOP’s 1-Month Trial can be found here. 

         1. You will need to export your data from your WHOOP and email it to us so that we can access and analyze your wearable data.

   4. For blood testing, we will access your results via a third-party provider’s portal for healthcare professionals. If you would like access to your blood results directly from Dynacare, you may optionally choose to register and pay for Dynacare Plus, and agree to the associated Terms of Use and Privacy Policy.

3. You consent to sharing your personal information, including health information electronically, including via a third-party provider’s data-sharing platform or via email. We limit the sharing of your personal information via email, and employ safeguards to protect your privacy, including encryption of the data in transit.

4. You consent to our collection and use of your anonymized data, where personally identifiable information has been removed. As outlined in our Privacy Policy, we aggregate and analyze our members’ data, after removing personally identifiable information, to help Benchmark, our members, or relevant third parties we partner with, learn about important health and wellness data as we collect it over time.

6. INTELLECTUAL PROPERTY

1. Benchmark owns all copyrights to the materials we create and make available in association with our Services (the “Materials”). You agree not to publish, distribute or repurpose the Materials in any way for any purpose except with our express written consent.

7. RESPECT & GOOD FAITH

1. You will use our Services and abide by these Terms in mutual good faith. You agree to bring any complaints or issues to our attention in a timely manner and before taking further action so that we may have the opportunity to work with you to address your concerns and work toward an amicable resolution. We welcome and appreciate your feedback at all times.

2. You agree to treat Benchmark, its representatives, employees, associates, and partners with respect and courtesy. We will not tolerate harassment of any kind. Similarly, we agree to treat you with respect and dignity at all times. You agree not to attack or criticize Benchmark or any of its employees, associates, or partners publicly (including but not limited to posting on social media, discussion forums, blogs, or media outlets). Similarly, Benchmark agrees not to publicly attack or criticize you.

8. FORCE MAJEURE

1. Benchmark will not be liable for any loss or damage arising from any event or multiple events beyond its reasonable control (singularly, a “Force Majeure Event” and collectively, “Force Majeure Events”). Such an event or events includes but is not limited to: extraordinary weather conditions, earthquake, flood, tornado, or other act of God, pandemic, fire, war, insurrection, riot, civil unrest, labour dispute, accident, government action, power failure, telecommunications failure, or equipment or software malfunction.

2. Neither you nor Benchmark shall be liable or responsible to each other nor be deemed to have defaulted under or breached your respective contractual obligations to each other for any failure or delay in fulfilling or performing any contractual obligations, when and to the extent such failure or delay is caused by one or more Force Majeure Events.

9. APPOINTMENT POLICIES

1. Appointments may be rescheduled by either you or by Benchmark; a rescheduling fee may apply. Serious issues may arise that prevent you or Benchmark from attending your appointment as scheduled. Such issues include but are not limited to: sickness, injury, bereavement, urgent family needs, or critical unforeseen scheduling conflicts. Each party mutually agrees to immediately notify the other if circumstances warrant rescheduling. Our policy is to allow at least twenty-four (24) hours’ notice for rescheduling an appointment. We understand that this is not always possible. You may reschedule your appointment once with less than twenty-four (24) hours’ notice without penalty. However, if you reschedule your appointment with less than twenty-four (24) hours’ notice more than once, we reserve the right to charge a $150 CAD rescheduling fee. 

2. If you cancel your in-person appointment entirely with at least twenty-four (24) hours’ notice, we will refund $150 CAD of the money paid by you for the Services. There may be cases that arise that prevent you from attending your in-person Testing Session. If you are unable, unwilling, or ineligible to participate in the Testing Session entirely, you will not do the assessments administered at this session (including DEXA Body Composition scan, VO2 Max test, and strength and stability tests), and you will not receive a final Benchmark Report or a discussion to review your results. We will provide you with the results of any assessments completed up until the cancellation date, and we will refund you $150 CAD. If you cancel your in-person appointment with less than 24 hours’ notice, the refund will not apply.

10. USE OF EQUIPMENT & THIRD PARTY SERVICES

1. You acknowledge that it is your responsibility to read, understand, and follow the Terms of Use, Privacy Policy, and any other legal documentation associated with the equipment you use and the assessments provided by third parties as part of our Services. 

2. If you do not return the blood pressure monitor provided for your use, within eight (8) weeks following your Intake Call, you will be charged $79 CAD and may keep the device. Similarly, if you decide you would like to keep the blood pressure monitor, please notify us and we will charge you $79 CAD for its purchase. If you experience any issues with the equipment provided for your use, you agree to notify Benchmark immediately so that we can help to resolve the issue. 

3. If you already have results of a prior blood test or blood tests obtained elsewhere within the twelve (12) months of the date of your Testing Session, you may use those results in place of blood testing through Benchmark. If you choose this option, you agree to notify us during your Intake Call, a brief call at the beginning of your experience, and you agree to share your results with us at that time, by email or in another manner that we jointly arrange. 

11. COMMUNICATION

1. You agree to receive communications from Benchmark. Benchmark will send email communications, and may send text messages in order to deliver our Services. We will also send marketing messages before, during, and after your participation in Benchmark services. We will only send messages that we think will be of interest to you. If you prefer not to receive text messages from us, please reply with “STOP” at any time. If you would like to stop receiving email marketing messages, please click the unsubscribe link within the email, or email us at hello@mybenchmarkhealth.com to be removed from our mailing list. We will not sell or rent your email address or other information to third parties.

2. We will do our best to respond to your inquiries in a timely manner, but it may take several days or as long as a few weeks, depending on the nature of the inquiry and our request volume. We will acknowledge receipt of your inquiry and provide our best estimate of response time if we expect an extended delay. We are a small team and we appreciate your patience. If you are awaiting a reply or wish to obtain an update, please do not hesitate to follow up with us, by sending an email to hello@mybenchmarkhealth.com.

3. You acknowledge that you’ve had the opportunity to ask any questions concerning these Terms and/or our Privacy Policy, and that if so, these questions have been answered to your satisfaction.

4. You will notify us and immediately terminate use of our Services if at any point you are no longer willing or able to agree to and abide by our Terms.

Thank you for taking the time to read and understand these Terms. We are happy to clarify anything, and as with all the materials, documents, and policies we share, we welcome your questions and feedback. Please reach out to us with any questions by emailing us at hello@mybenchmarkhealth.com