Terms of Service

Plain-language summary

This summary is not the legal agreement. The numbered sections below control if there is any conflict.

• Delam is the technology platform you use to find, book, and pay clinics. The clinic is the one actually providing your treatment.
• Each booking is between you and the clinic. The clinic sets its own prices, deposit, cancellation, and no-show policies. We just facilitate them.
• You must be at least 13 years old, give us accurate information, and keep your account secure. You are responsible for activity under your account.
• Payments are processed by Stripe. Refunds, when allowed, follow the clinic's policy.
• Memberships auto-renew until you cancel. You can cancel from the app at any time.
• Reward points have no cash value, expire under the program rules in effect, and can be changed or discontinued.
• We provide the platform “as is”, with limits on our liability. Nothing here removes rights you have under consumer-protection law in your jurisdiction (including Quebec).
• These Terms are governed by the laws of Ontario, Canada, unless local consumer law mandates otherwise.

1. Agreement

These Terms of Service (the “Terms”) form a binding agreement between you (“you”) and Delam Technologies Inc. (“Delam,” “we,” “us,” or “our”), a Canadian corporation with offices at 180 John Street, Suite 500, Toronto, ON M5T 1X5.

By creating an account, signing in, booking an appointment, or otherwise using the Service, you confirm that you have read, understood, and agreed to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

2. The Service

The “Service” means the Delam patient mobile application, the Delam online booking site, and any related features, content, or communications we make available to patients and guests.

Delam is a software platform. We do not own, operate, employ, supervise, or otherwise control any medical spa, clinic, practitioner, or other service provider listed in the Service (each, a “Clinic”). Each Clinic is independent and solely responsible for the services it offers, the credentials and conduct of its staff, the prices it sets, and the policies it applies (including cancellation, refund, deposit, consent, and clinical practice).

We may add, modify, suspend, or discontinue any feature of the Service at any time. We will use commercially reasonable efforts to give notice of material changes.

3. Eligibility and accounts

You must be at least 13 years old to create an account. If you are under the age of majority in your jurisdiction, you may use the Service only with the consent of a parent or guardian who agrees to be bound by these Terms on your behalf. In Quebec, additional protections apply for individuals under 14; see our Privacy Policy.

You agree to provide accurate, current, and complete information when creating your account, and to keep it up to date. You are responsible for activity under your account and for protecting your phone, email, and device from unauthorized access. Notify us at [email protected] promptly if you suspect a compromise.

You may have only one personal account. We may suspend or close accounts that violate these Terms, that are used fraudulently, or that we are required to close by law.

4. Bookings, deposits, and cancellations

When you book through the Service, you enter into a contract with the Clinic, not with Delam. The Clinic's policies, shown before you confirm, control matters such as deposits, cancellation windows, no-show fees, late arrivals, rescheduling, and consent requirements.

• Deposits.Some Clinics or services require a deposit at booking. Where a deposit is taken, it is applied to the final invoice or, if you cancel within the Clinic's no-fee window, refunded according to the Clinic's policy.
• Cancellations.You may cancel or reschedule from the app, subject to the Clinic's window. After that window, cancellation fees may apply.
• No-shows. If you do not attend, the Clinic may charge a no-show fee in line with its policy.
• Clinic cancellation. A Clinic may need to cancel or reschedule. In that case the Clinic will offer a refund or another time at its discretion.

Disputes about a booking should be raised first with the Clinic. We can help connect you with the Clinic but we are not the provider of the underlying service.

5. Payments

Payments are processed by Stripeon behalf of the Clinic. By entering a payment method, you authorize Stripe and the Clinic to charge the applicable amount, including taxes and any deposit or no-show fee allowed by the Clinic's policy.

Stripe's own terms (stripe.com/legal) apply to payment processing. We never store your full card number, expiry, or security code.

Where the Clinic processes a refund, it is returned to the original payment method. Delam may charge or recoup platform fees disclosed at the time of the transaction; these are separate from any amount you pay the Clinic.

6. Memberships and packages

Some Clinics offer paid memberships or pre-paid service packages.

• Auto-renewal. Memberships renew automatically at the end of each billing period at the then-current price, unless cancelled at least 24 hours before renewal. You can cancel from the app at any time.
• Trials and intro offers. If a trial or introductory rate is offered, it converts to the regular price on the date disclosed at signup, unless you cancel first.
• Package expiry.Pre-paid packages may have an expiry date disclosed at purchase. After expiry, unused credits are subject to the Clinic's policy and applicable consumer-protection laws.
• Quebec consumers. Consumers in Quebec retain all rights under the Quebec Consumer Protection Act, including any applicable right to cancel certain contracts.

7. Loyalty, points, and rewards

Clinics may operate loyalty programs through the Service. Points, store credit, and rewards (collectively, “Rewards”) are issued by the Clinic, not by Delam. They:

• have no cash value and are not transferable;
• expire according to the program rules in effect at the time of issuance;
• may be modified or discontinued by the Clinic on reasonable notice, subject to applicable law;
• may be cancelled or recouped if obtained through fraud, abuse, or violation of these Terms.

8. Communications and SMS

We and the Clinic may contact you by email, in-app message, push notification, or SMS for operational reasons (booking confirmations, reminders, account security, regulatory notices). These messages are part of the Service and are sent whether or not you have opted in to marketing.

Marketing messages are sent only if you have opted in. You can opt out of marketing at any time by following the unsubscribe instructions in the message, replying STOP to an SMS, or changing your preferences under Settings → Privacy.

Standard message and data rates may apply for SMS. SMS delivery depends on your carrier and is not guaranteed.

9. Your content

“Your Content” means anything you submit through the Service: profile information, reviews, photos, messages to a Clinic, and similar material.

You keep ownership of Your Content. You grant Delam a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, modify (for technical purposes such as resizing), display, and distribute Your Content to the extent needed to operate the Service for you and for the Clinic you direct it to. This license ends when you delete Your Content or close your account, except for copies retained in backups or as required by law, and except for reviews and similar content shared publicly with your consent.

You are responsible for Your Content. You represent that you have all rights needed to grant the licenses above and that Your Content does not violate the law or the rights of any third party.

10. Acceptable use

You agree not to:

• use the Service for anything illegal, harmful, harassing, defamatory, hateful, or fraudulent;
• impersonate another person or misrepresent your identity or relationship to a person;
• upload content that is obscene, that infringes intellectual property, or that contains malware;
• attempt to access another user's account, the Service's underlying systems, or any non-public information;
• scrape, crawl, or reverse-engineer the Service, except as permitted by law;
• interfere with or disrupt the Service, including by sending abnormal traffic, exploiting vulnerabilities, or chaining automated tools that overload the system;
• use the Service to send spam, unsolicited promotional messages, or other prohibited communications;
• abuse promotional credits, referral rewards, or loyalty programs;
• use the Service in any way that would violate a Clinic's professional or regulatory obligations.

11. Third-party services

The Service uses third-party tools (for example, Stripe for payments, Twilio for SMS, Google Maps for directions, Apple and Google for push notifications and app distribution). Their own terms apply to your use of those tools. We are not responsible for third-party content, services, or websites linked from the Service, except as required by law.

12. Apple App Store and Google Play terms

If you obtained the Delam patient app through the Apple App Store or Google Play, these additional terms apply:

• These Terms are between you and Delam, not Apple or Google. Delam is solely responsible for the app and its content.
• Your license to use the app is non-transferable and limited to use on devices you own or control, as further permitted by the Usage Rules of the relevant store.
• Apple and Google have no obligation to provide maintenance or support. To the maximum extent permitted by law, Apple and Google have no warranty obligation regarding the app.
• Claims about the app (including product liability and consumer-protection claims) are our responsibility, not Apple's or Google's.
• Apple Inc. and Google LLC, and their subsidiaries, are third-party beneficiaries of these Terms and may enforce them against you.
• You confirm that you are not located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

13. Intellectual property

The Service, including its software, design, brand, logos, text, graphics, and trademarks, is owned by Delam or its licensors and is protected by intellectual-property and other laws. We grant you a personal, limited, revocable, non-transferable, non-sublicensable license to use the Service for your personal, non-commercial use under these Terms.

You may not copy, modify, distribute, sell, lease, decompile, or reverse-engineer the Service except where this restriction is prohibited by applicable law.

14. Disclaimers

Except where prohibited by law, the Service is provided “as is” and “as available”, without warranties of any kind, whether express, implied, or statutory, including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation.

We do not warrant the accuracy of Clinic listings, prices, availability, or any content provided by a Clinic or by other users. Nothing in these Terms removes or limits any rights you have under consumer-protection law in your jurisdiction, including the Quebec Consumer Protection Act.

15. No medical advice

The Service is not a substitute for professional medical advice, diagnosis, or treatment. Content available through the Service is for informational purposes only. Always seek the advice of a qualified health professional for any question you have about a medical condition or treatment, and never disregard professional advice because of something you saw or read on the Service. If you think you have a medical emergency, call your local emergency number immediately.

16. Limitation of liability

To the maximum extent permitted by law, Delam and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or related to your use of the Service.

Our total aggregate liability for any claim relating to the Service is limited to the greater of (a) the amounts you paid Delam in the 12 months before the event giving rise to the claim, or (b) one hundred Canadian dollars (CAD $100).

Some jurisdictions, including Quebec, do not allow certain limitations of liability for damages caused by intentional fault or gross negligence, or for bodily injury. Nothing in this section is intended to exclude or limit liability that cannot lawfully be excluded or limited.

17. Indemnification

You agree to defend, indemnify, and hold harmless Delam, its affiliates, and their respective officers, directors, employees, and agents from and against any claim, loss, liability, damage, or expense (including reasonable legal fees) arising out of (a) your use of the Service, (b) Your Content, (c) your breach of these Terms or the rights of a third party, or (d) your dealings with a Clinic. We may assume the exclusive defense of any matter for which you owe indemnification, and you agree to cooperate.

18. Termination

You may stop using the Service at any time and close your account from Settings → Privacy → Delete account.

We may suspend or terminate your access to the Service if you breach these Terms, if your account is used in a way that creates risk for Delam, a Clinic, or another user, or if we are required to do so by law. We will give notice where reasonable.

Sections that by their nature should survive termination, including ownership, disclaimers, limitation of liability, indemnification, and dispute resolution, will survive.

19. Governing law and disputes

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-laws principles.

Informal resolution first. Before filing a claim, please contact us at [email protected] with a description of the issue. We will try in good faith to resolve the matter within 60 days.

Disputes that cannot be resolved informally will be heard exclusively by the courts of the Province of Ontario, except where mandatory consumer law in your jurisdiction provides for a different forum.

Quebec consumers. Nothing in this section removes the right of a Quebec consumer to bring an action before the courts of the district in which the consumer resides, as provided by Quebec law.

20. Changes to these Terms

We may update these Terms from time to time. If a change is material, we will notify you by email or through the app and give at least 30 days' notice before the change takes effect, unless a shorter period is required by law. Your continued use of the Service after the effective date means you accept the updated Terms.

21. General

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Delam regarding the Service, and supersede prior agreements on the same subject.
• Severability. If any provision is unenforceable, the rest remains in effect.
• No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
• Assignment. You may not assign these Terms without our written consent. We may assign these Terms in connection with a corporate transaction or to an affiliate.
• Force majeure. Neither party is liable for failure to perform caused by events beyond reasonable control.
• Notices. We may send legal notices to the email associated with your account or in-app. You may send legal notices to [email protected].
• Language. The English and French versions of these Terms have equal authority. Les parties confirment leur volonté que les présentes Conditions soient rédigées en anglais ainsi qu'en français.

22. Contact