Terms of use

Daymark operates the Platform to support access to perinatal mental health information, self-guided resources, screening or intake tools, care navigation features, referral pathways, and other related supports and services that may be made available from time to time.

The Platform may be accessed by different categories of users, including: (a) individuals who access the Platform directly through public-facing channels; (b) individuals who are referred to the Platform by a clinic, healthcare provider, healthcare organization, or other approved pathway; and (c) other authorized users, as applicable to a specific program or feature. The specific features, functions, and content available to you may vary depending on your role, eligibility, location, and the manner in which you access the Platform.

Unless expressly stated otherwise for a particular feature or service, the Platform and its contents are provided for informational, educational, supportive, self-guided, and navigation purposes only.

The Platform does not provide medical advice, diagnosis, treatment, psychotherapy, crisis intervention, or emergency services, and is not a substitute for in-person or other professional care from a qualified healthcare provider.

Any screening, intake, questionnaire, self-assessment, or similar feature made available through the Platform is intended to support reflection, information gathering, or navigation only. Such tools are not intended to provide a diagnosis, determine treatment, or replace the judgment of a qualified healthcare professional.

You should always seek advice from an appropriately qualified healthcare professional regarding any medical, mental health, or related concern, and you should not disregard, avoid, or delay seeking professional advice because of information obtained through the Platform.

THE PLATFORM MUST NOT BE USED FOR EMERGENCIES. You must not use any Messaging Features to seek emergency assistance, submit urgent or time-sensitive information, or communicate where delayed review could create risk to you or any other person. If you or another person may be in danger, require urgent care, or are experiencing a medical or mental health emergency, call 911, go to the nearest emergency department, or contact an appropriate crisis or emergency service immediately.

The Platform may facilitate access to third-party clinics, healthcare providers, healthcare organizations, counsellors, community resources, service providers, or other third parties. Where the Platform connects you with, refers you to, or enables interaction with a third party, that third party is solely responsible for any services, advice, care, recommendations, referrals, scheduling, follow-up, communications, or other interactions that it provides to you. Your interactions with third parties may be subject to additional terms, conditions, privacy notices, consents, or policies imposed by those third parties.

Medical services

Daymark does not control and is not responsible for: (a) clinical decisions, diagnoses, treatment plans, prescriptions, referrals, or professional advice provided by third parties; (b) the availability, quality, suitability, or outcomes of third-party services or resources; or (c) the acts, omissions, or conduct of third-party providers, organizations, or users.

Please note that Daymark only provides the Platform (and related technology) that connects you with regulated health professionals. These regulated health professionals are solely responsible for and have complete control, authority and supervision over all medical services provided to you on the Platform, including, but not limited to medical advice, diagnosis, and any other medical services that could be provided through the Platform. Daymark does not supervise or have any control over the provision of healthcare services by regulated health professionals, the materials, tools or methods used by a regulated health professional, the treatment provided by a regulated health professional or the conduct of a regulated health professional. Neither Daymark nor any of its affiliates shall be held liable for any medical services provided to you by a regulated health professional.

Self-guided tools and resources

The Platform offers self-guided health and wellness resources. Through the Platform, you may have access to content and materials aimed at inspiring positive behavioural change including, but not limited to, articles, videos, audio files, interactive exercises, and workbooks.

The information provided through these resources and throughout the Platform is intended for education and skill development purposes only. It is not intended to be comprehensive, nor to constitute professional or medical advice or be used as a substitute for medical diagnosis or treatment. The information does not constitute psychotherapy and is not intended to suggest or recommend a course of treatment or replace personal consultation with a qualified health care professional or mental health specialist.

You should always obtain professional or medical advice, appropriate to your own circumstances, with any questions you may have regarding a health or medical condition. Never disregard, avoid or delay obtaining advice from your doctor or other qualified health provider due to something you read on the Platform.

Self-care toolkits

The Platform makes available certain interactive activities and training and may include screening tests or other self-guided assessments to help identify symptoms related to or monitor a mental health condition which you may undertake independently or with the support of a third-party, and to share basic needs-related support (as applicable).

Self-guided resources are not designed to treat clinical levels of depression or anxiety or other mental health disorders. Diagnoses require the intervention of a medical practitioner or another qualified health professional. One reason this is important is that anxiety and depression are sometimes caused by physical illness or certain medications that only such a qualified health professional can check. People seeking a diagnosis or treatment of depression, anxiety or other mental disorders should consult a medical practitioner or mental health professional.

In addition, the self-assessment and screening tests are intended solely for identifying anxiety and depressive symptoms, and are not designed to provide a diagnosis. Individuals who feel stressed or depressed are advised to talk to a health professional.

You may be required to create an account, receive an invitation, or otherwise be authorized in order to access some or all features of the Platform.

You represent and warrant that: (a) you are at least the age of majority in your jurisdiction of residence; (b) legally permitted to use the applicable features of the Platform in your jurisdiction and in the relevant context; (c) all information you provide to Daymark is accurate, current, and complete; and (d) you will keep your account information updated as necessary.

Certain features may only be available to users who access the Platform through a clinic, healthcare provider, healthcare organization, pilot program, research workflow, or other approved pathway.

You are responsible for maintaining the confidentiality and security of your login credentials and for all activity occurring under your account, except to the extent caused by our breach of these Terms or our failure to implement reasonable safeguards as required by law. You must notify us promptly at if you believe your account has been accessed without authorization or your credentials have been compromised.

We may suspend, restrict, or terminate your access to the Platform if: (a) we reasonably believe that you have violated these Terms; (b) your use of the Platform creates risk for Daymark, other users, or third parties; (c) your eligibility to access the Platform changes or ends; or (d) we are required to do so for legal, regulatory, operational, or security reasons.

The Platform may include messaging, chat, secure message, in-app communication, or similar communication features (collectively, “Messaging Features”) that allow you to send, receive, or view messages, information, prompts, notifications, or other content through the Platform. Messaging Features are provided for convenience, navigation, coordination, support, and other Platform-related purposes only, and must be used in accordance with these Terms and any feature-specific instructions presented through the Platform. Unless expressly stated otherwise for a particular feature or service, Messaging Features are not intended to provide real-time monitoring, crisis management, emergency response, diagnosis, treatment, or other time-sensitive clinical or professional services.

Daymark does not guarantee that any message sent through the Platform will be reviewed immediately or within any particular timeframe. If you require urgent assistance, you must not rely on Messaging Features and should instead seek appropriate emergency or urgent care assistance immediately.

Subject to these Terms, Daymark grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Platform solely for its intended personal, non-commercial purposes or for such other authorized purposes as Daymark may expressly permit in writing.

You must not: (a) use the Platform for unlawful, fraudulent, harmful, abusive, misleading, or unauthorized purposes; (b) impersonate another person or misrepresent your identity, affiliation, eligibility, or authority; (c) upload, transmit, or submit content that is unlawful, defamatory, abusive, harassing, discriminatory, infringing, malicious, or otherwise objectionable; (d) interfere with, disrupt, damage, or compromise the Platform or its integrity, security, or operation; (e) attempt to gain unauthorized access to any part of the Platform, other accounts, or related systems or networks; (f) reverse engineer, decompile, scrape, extract, reproduce, distribute, modify, create derivative works from, or commercially exploit any part of the Platform except as expressly permitted by law or by us in writing; (g) use the Platform in a manner that could create confusion about Daymark’s role or suggest that Daymark is providing care, diagnosis, treatment, or professional services when it is not; (h) record, reproduce, or distribute any communications, interactions, or content made available through the Platform where doing so is restricted by law, by these Terms, or by a feature-specific notice; (i) use the Platform in a way that infringes the rights of Daymark or any third party; or (j) use Messaging Features to harass, threaten, abuse, defame, impersonate, spam, solicit, transmit unlawful content, send repeated unwanted communications, or otherwise misuse the Platform or create risk for Daymark, other users, clinics, healthcare providers, healthcare organizations, or third parties.

If the Platform allows you to upload, submit, transmit, send through Messaging Features, or otherwise provide information, responses, materials, or content (“User Submissions”), you are solely responsible for your User Submissions and for ensuring that you have all rights, permissions, and authority necessary to provide them.

You must not submit information or content that: (a) is false, misleading, or inaccurate; (b) infringes any person’s intellectual property, privacy, confidentiality, or other rights; or (c) contains harmful code, malware, or other malicious material.

As between you and Daymark, and subject to any rights of third parties, you retain any right, title, and interest you may have in and to your User Submissions. Nothing in these Terms transfers ownership of your User Submissions to Daymark. By providing User Submissions through the Platform, you grant Daymark a non-exclusive, worldwide, royalty-free, perpetual, royalty-free licence to use, host, store, reproduce, transmit, display, and otherwise process those User Submissions for the purposes of operating the Platform, providing its features and services, improving the Platform, conducting research and analytics using de-identified or aggregated data, complying with legal obligations, and exercising Daymark’s rights under these Terms and applicable law, subject in all cases to our Privacy Policy and applicable privacy laws.

If you provide Daymark with any suggestions, ideas, enhancement requests, recommendations, corrections, bug reports, comments, or other feedback regarding the Platform or related services (“Feedback”), you agree that Daymark may use, disclose, reproduce, modify, adapt, create derivative works from, implement, and otherwise exploit that Feedback for any purpose without restriction, attribution, payment, or other obligation to you, provided that nothing in this section gives Daymark any right to use personal information except in accordance with the Privacy Policy and applicable law.

For greater certainty, where you provide User Submissions (including through Messaging Features) in connection with services offered, coordinated, or facilitated through a clinic, healthcare provider, or healthcare organization using the Platform, Daymark may receive, host, store, transmit, or otherwise process those User Submissions on behalf of, or at the direction of, that clinic, healthcare provider, or healthcare organization, in its capacity as a service provider or agent, as applicable. In those circumstances, the collection, use, disclosure, retention, control, and other handling of those User Submissions may also be subject to the role, responsibilities, instructions, and privacy practices of the relevant clinic, healthcare provider, or healthcare organization, as further described in our Privacy Policy.

Your access to and use of the Platform is also governed by our Privacy Policy, which forms part of these Terms by reference. By using the Platform, you acknowledge that Daymark may collect, use, disclose, retain, and otherwise process personal information in accordance with the Privacy Policy and applicable law.

If the Platform is used in connection with services offered, coordinated, or facilitated by a clinic, healthcare provider, or healthcare organization, certain personal information, personal health information, and related User Submissions may be handled by Daymark on behalf of, or at the direction of, that clinic, provider, or organization, and may also be subject to that clinic’s, provider’s, or organization’s role, responsibilities, and privacy practices.

Where Messaging Features are available, information submitted through those features, including message content and attachments, may be collected, used, disclosed, retained, and otherwise processed in accordance with the Privacy Policy and applicable law. If Messaging Features are used in connection with services offered, coordinated, or facilitated by a clinic, healthcare provider, or healthcare organization, such information may also be handled by Daymark on behalf of, or at the direction of, that clinic, provider, or organization.

Daymark may send you administrative, service-related, transactional, technical, security, support, or other operational communications relating to your use of the Platform. These may include, for example, messages about: (a) account creation or access; (b) updates to the Platform or these Terms; (c) service notices, reminders, or technical alerts; (d) consent or intake workflows; (e) navigation or follow-up communications; and (f) other matters reasonably related to your use of the Platform.

Where required by law, Daymark will obtain consent before sending commercial electronic messages.

Where available, Daymark or authorized third parties may use Messaging Features to communicate with you through the Platform regarding navigation, support, intake, scheduling, follow-up, or other Platform-related matters. Messaging Features may not be monitored continuously, and Daymark does not guarantee immediate review or response.

You are responsible for ensuring that your contact information remains accurate and up to date.

As between you and Daymark, Daymark and its licensors own all right, title, and interest in and to the Platform and its contents, including all text, graphics, interfaces, design elements, software, trademarks, logos, audio, video, resources, tools, compilations, and other materials made available through or in connection with the Platform, other than User Submissions lawfully provided by users or third parties. Nothing in these Terms transfers any ownership rights to you.

Except for the limited right to access and use the Platform in accordance with these Terms, you may not copy, reproduce, distribute, publish, display, adapt, modify, translate, reverse engineer, create derivative works from, sell, license, or otherwise exploit any part of the Platform without Daymark’s prior written consent.

All trademarks, logos, and brand elements displayed through the Platform are the property of Daymark or their respective owners. You may not use them without the applicable owner’s prior written permission.

For greater certainty, Daymark’s ownership of the Platform and its contents does not include ownership of your personal information or personal health information merely because such information is submitted through the Platform. Where information is submitted through the Platform in connection with services offered, coordinated, or facilitated by a clinic, healthcare provider, or healthcare organization, the collection, use, disclosure, retention, control, and record status of that information may depend on the role of the relevant clinic, healthcare provider, or healthcare organization, applicable agreements, and applicable law, as further described in our Privacy Policy.

The Platform may contain links to third-party websites, applications, content, or services for convenience or reference. Daymark does not control and is not responsible for any third-party websites, applications, content, products, or services, including their availability, content, terms, privacy practices, or security. A link to a third-party resource does not imply endorsement, sponsorship, or approval by Daymark. If you choose to access a third-party site or service, you do so at your own risk.

Daymark may modify, update, restrict, suspend, discontinue, or remove any aspect of the Platform at any time, with or without notice, including any feature, function, content, or pathway of access. We do not guarantee that the Platform, or any part of it, will always be available, uninterrupted, secure, timely, error-free, or suitable for any particular purpose. Daymark may suspend or limit access to the Platform where reasonably necessary for maintenance, security, technical, operational, legal, or regulatory reasons.

To the fullest extent permitted by applicable law, the Platform is provided on an “as is” and “as available” basis. Daymark disclaims all representations, warranties, conditions, and guarantees of any kind, whether express, implied, statutory, or collateral, including any implied warranties or conditions of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, availability, or uninterrupted use. Without limiting the foregoing, Daymark does not warrant that: (a) the Platform will meet your needs or expectations; (b) the Platform will be uninterrupted, timely, secure, or error-free; (c) any information, outputs, resources, or results obtained through the Platform will be accurate, complete, reliable, or appropriate for your circumstances; or (d) defects will be corrected.

To the fullest extent permitted by applicable law, Daymark and its directors, officers, employees, volunteers, contractors, agents, licensors, service providers, and affiliates will not be liable for any indirect, incidental, consequential, special, exemplary, punitive, or aggravated damages, or for any loss of profits, revenue, opportunity, business, data, goodwill, or expected benefits, arising out of or in connection with: (a) your access to or use of, or inability to access or use, the Platform; (b) your reliance on content, tools, resources, referrals, or outputs made available through the Platform; (c) any acts or omissions of third-party providers, clinics, healthcare providers, organizations, or other third parties; or (d) any interruption, suspension, delay, error, system failure, or security incident affecting the Platform.

To the fullest extent permitted by applicable law, Daymark’s total aggregate liability arising out of or relating to these Terms or the Platform will not exceed the greater of: (a) the amount, if any, paid by you directly to Daymark for access to the Platform in the twelve (12) months preceding the event giving rise to the claim; and (b) CAD $100.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.

You agree to defend, indemnify, and hold harmless Daymark and its directors, officers, employees, volunteers, contractors, agents, licensors, service providers, and affiliates from and against any claims, demands, actions, proceedings, investigations, regulatory inquiries, liabilities, losses, damages, judgments, settlements, penalties, fines, costs, and expenses (including reasonable legal fees and costs of investigation) arising out of or relating to: (a) your breach of these Terms; (b) your misuse of the Platform; (c) your User Submissions; or (d) your violation of any law or the rights of any person.

These Terms remain in effect for so long as you access or use the Platform. You may stop using the Platform at any time. Daymark may suspend or terminate your access to the Platform at any time if permitted or required under these Terms or applicable law.

Sections that, by their nature, are intended to survive termination or expiry of these Terms will survive, including without limitation sections relating to intellectual property, disclaimers, limitations of liability, indemnity, governing law, and dispute resolution.

Daymark may revise these Terms from time to time. If we make material changes, we may provide notice by posting the updated Terms on the Platform, updating the “Last Updated” date, by in-platform notice, by email, or by other appropriate means. Your continued use of the Platform after revised Terms become effective constitutes your acceptance of those revised Terms.

If you do not agree to the revised Terms, you must stop using the Platform.

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, excluding conflict of laws rules. Subject to any mandatory rights you may have under applicable law, you agree that the courts of Toronto, Ontario will have exclusive jurisdiction over any dispute arising out of or related to these Terms or the Platform.

These Terms, together with any documents expressly incorporated by reference (including the Privacy Policy), constitute the entire agreement between you and Daymark regarding the Platform and supersede any prior understandings relating to the same subject matter. If any provision of these Terms is found invalid, illegal, or unenforceable, that provision will be severed and the remaining provisions will remain in full force and effect.

Daymark’s failure to enforce any provision of these Terms is not a waiver of that provision or any other right.

You may not assign these Terms or any rights under them without Daymark’s prior written consent. Daymark may assign these Terms as part of a reorganization, restructuring, merger, transfer, or other corporate transaction, or as otherwise permitted by law.

If you have any questions about these Terms or the Platform, please contact us at: