Solace Terms & Conditions

Overview & Acceptance of these Terms and Conditions

The Solace website and mobile application (together the "Platform") are owned and administered by Green Shield Labs Inc. In these terms and conditions "Solace", "we", "our", or "us" means Green Shield Labs Inc. and its parent and corporate affiliates.

The Solace services available through this Platform (the "Services") are available to people who have completed the Solace registration process and consented to the applicable Privacy Policy and these terms and conditions ("Member", “User” or "you"). These terms and conditions constitute a legal agreement between you and us and, together with any documents and/or additional terms that are incorporated by reference (collectively, these "Terms"), govern your access to and use of the Platform, including any functionality and Services offered on or through the Platform.

BY USING THE PLATFORM OR THE SERVICES, YOU ACKNOWLEDGE, AGREE, AND REPRESENT THAT YOU: (A) HAVE READ AND UNDERSTOOD THESE TERMS; (B) AGREE TO BE BOUND BY AND TO COMPLY WITH THESE TERMS; AND (C) ARE AT LEAST 18 YEARS OLD. BY ACCESSING AND USING THE PLATFORM, YOU ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS OR USE THE PLATFORM.

DO NOT USE THE PLATFORM FOR EMERGENCIES. IF YOU HAVE AN EMERGENCY, YOU SHOULD DISCONTINUE USING THE PLATFORM AND CALL 911 IMMEDIATELY OR ATTEND TO THE EMERGENCY ROOM OF THE NEAREST HOSPITAL. UNDER NO CIRCUMSTANCES SHOULD YOU ATTEMPT TO RELY ON THE PLATFORM FOR EMERGENCY ASSISTANCE.

Use of the Platform

(a) Access to the Platform

Platform access is available to a Member if they are (a) a resident of Canada and (b) 18 years of age or older. If for any reason we believe a Member is under the age of 18, we may request proof of age. If proof is not provided, all personal information about that individual may be deleted from our system and the membership of that person terminated.

We provide this Platform and the Services for use only by residents of Canada. It is not intended for use in any jurisdiction where its use is not permitted.

The Platform is provided solely for the purposes set out in these Terms (the "Permitted Use"), including to: (a) help you manage administrative tasks and documentation following the death of a loved one; (b) provide access to care management services; (c) facilitate document storage and organization; (d) enable collaboration with support circle members; and (e) provide guidance and resources related to bereavement administration.

By accessing or using this Platform: (a) you represent and warrant that you are doing so in accordance with the Permitted Uses; (b) you represent and warrant that you are not doing so for any commercial purpose, and no fee will be charged by any person for or related to your use.

Solace grants you a personal, revocable, non-exclusive and non-transferable license during the Term to use the Platform in accordance with these Terms. Subject to these Terms, you grant us a perpetual, transferrable, irrevocable, royalty-free, fully paid up, worldwide and fully sub-licensable license to access, collect, store and use any data, information, records and files that: (1) you load, or otherwise enter into the Platform, and (2) the Platform collects, retrieves or obtains from your local computer system or from third parties with your permission or on your behalf, and (in each case) including all results from processing such data (collectively, the "User Content") including for the purpose of: (A) providing and improving the Services; (B) complying with applicable law; and, (C) complying with our audit and data retention policies.

(b) User Account

You will be required to sign up for a user account (the "User Account") and to create your own username and password login credentials ("User ID") in order to use the Platform and receive Services. You will keep your User ID secure and will not share it with anyone else. We reserve the right to disable any User Account at any time in our sole discretion. If we disable access to your User Account, you may be prevented from accessing the Platform, the Content, your account details and/or any User Content.

You agree to provide true, current, complete and accurate information as requested on any registration form to which the Platform may direct you, and to update that registration information as soon as possible after any information changes. We will not be liable for misdirected communications, including any notices under these Terms, where the information you provided is inaccurate or no longer valid.

(c) General Restrictions on Use

You may use the Platform only to participate in the Services. You agree that you will not:

• access or use any part of the Platform that is (expressly or implicitly) not intended for use by you;
• use the Services for any unlawful purpose or in any way that interrupts, damages, impairs or renders the Services less efficient;
• take any action that imposes an unreasonable or disproportionately large load on the Platform;
• penetrate or attempt to penetrate any security measures;
• use the Services to transfer files that contain viruses, trojans, logic bombs, worms, corrupted data or other harmful programs or malicious software;
• access, monitor, record or copy the accounts of other users of the Services without our express written permission;
• misrepresent your identity in any way, impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
• conduct or promote any illegal activities;
• upload, distribute or print anything that may be harmful to minors;
• disseminate any content which is defamatory, false, obscene, offensive, pornographic, abusive, discriminatory, menacing, scandalous, inflammatory, or harassing;
• stalk, harass, harm, threaten harm on, or verbally mistreat another individual, including any Care Manager or Support Circle member;
• post or transmit material for which you have not obtained all necessary licenses and/or approvals;
• advertise or promote third party or your own products or services;
• generate spam, unsolicited e-mail advertisements, junk mail, chain letters, or otherwise duplicative messages;
• engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services;
• license, sell, rent, lease, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit the Services;
• modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Platform or Services; or
• access the Services in order to build a similar or competitive product or service.

You will refrain from doing anything which is fraudulent, negligent or which we believe to be disreputable or capable of damaging our reputation.

Solace may, in its sole discretion, deny anyone access to the Platform or the Services at any time and for any reason, including for violation of these Terms.

(d) Security

Our Platform is secured through encryption. In addition, personal information forwarded to us through the Platform is also secured in transit using TLS encryption.

When visiting the Solace website, we recommend that you use the most up-to-date browser version with all of the applicable security patches installed.  When using the Solace mobile application, we recommend that you ensure your device’s operating system is fully updated with the latest version and, with all the applicable security patches installed.  

Cookies are used by Solace to maintain security during a session, ensuring that each session is unique and authorized between you and Solace’s web-based systems. Solace also uses cookies to track Users interaction with the Platform, including pages visited, time spent on pages, and actions taken. This data is used for analytics purposes, such as understanding user behavior, improving user experience, and optimizing the product, and to suggest actions and services that might be useful to you. For more on our cookie practices, please see our Privacy Policy.

(e) Communications

Solace implements privacy and technological practices and safeguards to protect your information and transactions against unauthorized access, disclosure, alteration and misuse. Although Solace generally adheres to accepted industry practices in securing the transmission of data to, from and through the Platform, you understand, agree and acknowledge that Solace cannot guarantee the security of data transmitted over the Internet.

When engaging with our Services, you may be sent text message(s), emails or push notifications which provide you information about our Services. We do not charge you for these correspondences, but, depending on your mobile plan, you could be charged at your network provider's standard rates for receiving these messages.

(f) Use of Third-Party Offerings

You may be able to access websites, content or services provided by third parties through links that are made available on the Platform. We refer to these websites, content, services and products as “Third Party Offerings”. We may permit third parties to advertise their products and services on the Platform, and those advertisements may contain links to the advertisers' websites. As a service to Users, we may include links to other websites that we have no control over, and we make no endorsements or representations of any kind regarding those Third Party Offerings or those third-parties’ business practices, and you hereby irrevocably waive any claim against us with respect to such websites. If you decide to visit any Third Party Offerings, you do so at your own risk.

If you elect to use any Third Party Offerings, that use will be subject to any terms and conditions required by the applicable third party. You understand that we are not the provider of, and are not responsible for, any Third Party Offerings, and that these Terms do not grant you any rights to access, use or purchase any Third Party Offerings.

(g) Intellectual Property

All information, guidance, recommendations or other content contained on or provided through the Platform ("Content"), including designs, infrastructure, software, artwork, video, music, sound, names, logos, and marks displayed on the Platform are owned by or licensed to Solace and are protected by applicable copyright, trademark, and other intellectual property laws and international conventions and treaties. All right, title and interest in the Platform, all materials provided by Solace in connection with the Platform and the Services, and any update, translation or derivative work thereof, and all intellectual property rights therein, remain the property of Solace (or our third-party suppliers, as applicable).

Except as set out in these Terms, your use of the Platform and Services does not grant you any rights with respect to the Content and intellectual property therein. The Content may not be copied or used without our prior written consent. Your misuse of the Content displayed on the Platform is prohibited.

Subject to your compliance with these Terms, we hereby grant you a royalty-free, non-exclusive, non-transferable, revocable, non-sublicensable, limited license to use the Content for informational purposes only in connection with your use of the Services. Content is provided to you on an "as is" basis for your information and personal use only, and you may not, without our prior written consent, copy, publish, transmit, distribute, modify, create derivative works from, sell, license or otherwise exploit the Platform or the Content.

To the extent you provide any feedback, comments or suggestions to Solace regarding the Platform and/or the Services and/or the Content (collectively, the "Feedback"), Solace shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any of Solace's current or future products, technologies or services and to use such Feedback for any purpose, all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed non-confidential.

Solace Services

Solace provides an administrative task management platform designed to help individuals navigate the administrative tasks that need to be completed following the death of a loved one. Our Services include:

• Care Plan Management: personalized care plans that include task lists, timelines, and guidance for completing necessary administrative activities.
• Care Manager Services: access to care managers who provide guidance and support throughout the administrative process (“Care Manager(s)”). Care Managers are available through the Platform to assist with navigation, answer questions, and provide recommendations.
• Document Vault: secure storage and organization of important documents related to proof of identity, estate administration, legal matters, and other necessary paperwork.
• Support Circle: the ability to invite trusted family members, friends, or advisors to join your case and collaborate on administrative tasks while maintaining appropriate privacy controls.

(a) Use of Services

The Platform is provided solely for the Permitted Use and is only intended to assist in addressing administrative tasks related to bereavement. Solace matches Care Managers with you based on the information provided by you. Care Managers provide administrative guidance and support but do not provide legal, financial, tax, or other professional advice requiring licensure.

The duration of care manager sessions will be presented to you at the time of booking. You may end your relationship with a Care Manager at any time. You may interact with your Care Manager through the Platform.

While our Care Managers may recommend courses of action based on your circumstances.  Any decision as to what actions you take remains at all times yours alone. Solace does not mandate any specific course of action.

(b) Care Manager Services

The Solace Services enable you to use the Platform to obtain access to administrative support services provided by Care Managers through secure messaging and phone consultations. Care Managers are independent contractors or employees of Solace who provide administrative support services.

CARE MANAGERS ARE NOT LICENSED PROFESSIONALS AND DO NOT PROVIDE LEGAL, FINANCIAL, TAX, OR OTHER PROFESSIONAL ADVICE REQUIRING LICENSURE. Care Managers provide administrative guidance and support only. Any recommendations provided are for informational purposes only and should not be considered professional advice.

THE SERVICES ARE PROVIDED FOR INFORMATIONAL AND ADMINISTRATIVE SUPPORT PURPOSES ONLY AND ARE NOT INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, INCLUDING WITHOUT LIMITATION LEGAL, TAX, FINANCIAL, OR MEDICAL ADVICE. For professional advice, you should consult with appropriately licensed professionals.

(c) Support Circle and Document Sharing

You may invite family members, friends, or other trusted individuals to join your Support Circle and access certain information related to your case. By inviting others to your Support Circle, you acknowledge and confirm that:

• Such individuals may access your User Content and case information as determined by the permission levels you set;
• Any data that you share with Support Circle members may be used by them at their discretion;
• You are solely responsible for adding individuals to your Support Circle and any sharing of data is at your own risk;
• Solace takes no responsibility for any actions taken by Support Circle members or any disputes that may arise related to a Support Circle member’s use of the Services.

Privacy

The Solace privacy policy (the "Privacy Policy") is available on the Platform. The Privacy Policy may be amended from time to time. By agreeing to these Terms, you are also agreeing to the terms of the Privacy Policy.

Other than personally identifiable information, which is covered under our Privacy Policy, any material you post, submit, publish, or transmit about the Services and through the Platform is considered nonconfidential and non-proprietary. You represent and warrant that such material complies with these Terms.

Disclaimers, Limitations, and Exclusions of Liability

(a) Disclaimer

THE SERVICES AND ALL INFORMATION, CONTENT, AND PRODUCTS RELATED TO THE SERVICES, ARE PROVIDED ON AN "AS IS" BASIS. SOLACE DOES NOT MAKE ANY CONDITION, WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PLATFORM OR ITS CONTENT. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES OR THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS FREE. THE SUBMISSION OF ANY PERSONAL INFORMATION AND THE DOWNLOAD OR UPLOAD OF ANY CONTENT THROUGH OUR SERVICES AND/OR PLATFORM IS DONE AT YOUR SOLE DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR FROM RELIANCE UPON THE SERVICES, AND YOU ARE ADVISED TO MAINTAIN OFFLINE BACKUP COPIES OF ALL INFORMATION SUBMITTED BY YOU. WE DO NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE PLATFORM; AND YOU AGREE THAT YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR PLATFORM FOR ANY RECONSTRUCTION OF ANY LOST DATA, AND YOU ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE USING THE PLATFORM AND SERVICES.

THE SERVICES ARE PROVIDED FOR INFORMATIONAL AND ADMINISTRATIVE SUPPORT PURPOSES ONLY. THE SERVICES DO NOT CONSTITUTE LEGAL, FINANCIAL, TAX, OR OTHER PROFESSIONAL ADVICE. LAWS DIFFER BY PROVINCE AND WE CANNOT GUARANTEE THE ACCURACY OF INFORMATION FOR YOUR PARTICULAR SITUATION. YOU SHOULD CONSULT LICENSED PROFESSIONALS FOR LEGAL, FINANCIAL, TAX, OR OTHER SPECIALIZED ADVICE.

(b) Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR PARENT COMPANY, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, LICENSEES, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE (GROSS OR OTHERWISE), NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE PLATFORM, THE SERVICES OR ANY THIRD PARTY OFFERINGS, INCLUDING ANY CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON, WHETHER OR NOT SUCH DAMAGES WERE REASONABLY FORESEEABLE AND EVEN IF WE WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE.

YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE PROVISION OF THE PLATFORM AND THE SERVICES, AND WE WOULD NOT PROVIDE THE PLATFORM OR SERVICES TO YOU WITHOUT THIS LIMITATION.

(c) Indemnification

YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND, AT OUR OPTION, DEFEND US, OUR PARENT COMPANY, SUBSIDIARIES, CORPORATE AFFILIATES, AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGEMENTS, AWARDS, LOSSES, COSTS, EXPENSES, AND FEES (INCLUDING REASONABLE LEGAL FEES) ARISING OUT OF OR IN CONNECTION WITH: (1) YOUR BREACH OF THESE TERMS OF USE; (2) YOUR USE OF THE PLATFORM, SERVICES , CONTENT OR PRODUCTS IN A MANNER OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS; (3) YOUR USE OF ANY THIRD PARTY OFFERINGS; (4) VIOLATION OF ANY APPLICABLE LAW OR THE RIGHTS OF A THIRD PARTY (INCLUDING INTELLECTUAL PROPERTY RIGHTS); (5) FRAUD, NEGLIGENCE, MISCHIEF OR WILLFUL MISCONDUCT ON YOUR PART; (6) ANY DISPUTE THAT ARISES BETWEEN YOU AND ANY INDIVIDUAL, AND (7) ANY INJURY, INCLUDING BODILY HARM OR DEATH, TO YOU OR ANY THIRD PARTY THAT MAY RESULT, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF OR RELIANCE ON ANY CONTENT, THE PLATFORM OR THE SERVICES (INCLUDING, FOR GREATER CERTAINTY, ANY SERVICES PROVIDED BY AFFILIATED CARE MANAGERS.

You hereby release Green Shield Labs Inc. and its parent and corporate affiliates, and their respective officers, employees, agents and successors from any and all claims, demands, losses, damages, rights and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of any other Platform users, affiliated Care Managers, or third-party websites.

Account Termination and Data Loss

(a) Termination of Membership

These Terms are effective as of the day you first access the Platform and continue in force until terminated by either party as described below.

We may, at any time, suspend or terminate your membership on the Platform with immediate effect by giving notice to you if, in our view, you have abused any Platform privilege, failed to follow these Terms, or made any misrepresentation to us.

You may choose to remove access to your User Account by requesting that your User Account be deleted or deactivated, ceasing use of the Platform, and uninstalling and removing all local software components thereof from your systems.

We may terminate the Platform, or any part of it, at any time by sending a written notice setting out the effective termination date to Members at least 30 days before the termination date.

(b) Data Loss

IMPORTANT NOTE REGARDING DATA ACCESS UPON ACCOUNT TERMINATION:

Upon expiration or termination of your Account, for any reason whatsoever, all data and materials associated with your Account, including without limitation records, communications, and User-Generated Content uploaded to the Platform, shall no longer be accessible to you and may be permanently deleted by Solace, subject to applicable laws. Following your Account's expiration or termination, you shall not have the ability to access said data and materials.

IT IS YOUR SOLE RESPONSIBILITY TO DOWNLOAD LOCALLY ALL ACCOUNT DATA AND MATERIALS PRIOR TO EXPIRATION OR TERMINATION OF YOUR ACCOUNT. Subject to applicable laws, Solace shall bear no liability of any kind with regard to loss of data or materials following the expiration or termination of your Account. You hereby release and hold harmless Solace from any and all claims, damages, or other liabilities in connection with loss of access to data or materials after Account termination or expiration.

Changes to the Platform and to these Terms

Solace may, at its sole discretion, unilaterally amend these Terms without notice, unless required by law. The version of the Terms that is posted from time to time on the Platform will govern the Platform and provision of Services, and it is your responsibility to review these Terms regularly.

We reserve the right to modify the Platform at any time without notice. If you object to any changes to the Platform, your sole recourse will be to cease using the Platform.

General

These Terms represent the only agreement between you and Solace with respect to your use of the Platform and supersede all prior agreements, understandings, negotiations and discussions, whether oral or written.

We may sell or transfer all or part of the Platform or its associated Services, merge with another entity or engage in any form of corporate, reorganization or financing transaction without the need to notify you. In addition, the way the Platform and its associated Services is provided to you and the organizations providing Services in connection with the Platform may change.

We are not responsible for any failure or delay in the performance of the Services caused by events beyond our reasonable control, including but not limited to natural disasters, pandemics, war, government actions, labour disputes, internet or telecommunication failures, or other events of force majeure.

Words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires, and the word “including” means “including but not limited to”.  Any dollar amounts referenced in connection with the Platform or its Services or these Terms are referenced in Canadian dollars.

For Users residing in Quebec: These Terms are governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein, without reference to conflict of laws provisions.

For Users residing in the rest of Canada: These Terms are governed by the laws of the province of Ontario and the federal laws of Canada applicable therein, without reference to conflict of laws provisions.

How to Contact Us

If you have any questions about the Platform, please email support@solacecare.ca or call [phone number].

Green Shield Labs Inc. 
5140 Yonge St., Suite 2100
Toronto, Ontario
M2N 6L7