The terms governing your use of TOSC.

TOSC Digital Health Inc. ("TOSC", "we") is a privately-held Canadian company based in British Columbia. These Terms govern your use of tosc.ca and any TOSC products or services you sign up for.

By using our site or products, you agree to these Terms and to our Privacy Policy.

Performa and the other software products on this site are currently in public beta. They are free to use during the beta period. We will give written notice before charging.

Beta software may contain bugs. Functions may change without notice. We may suspend or discontinue features at any time during the beta. We aim to be responsive and reasonable about all of this.

Performa is a drafting instrument. It produces a draft of a clinical form (currently the ICBC CL489F physiotherapy progress report) from notes you paste. It is not a clinical decision-support tool, not a medical device under Health Canada classification, and it does not provide medical advice.

You are the author of record. You retain full professional responsibility for the accuracy, completeness, and clinical appropriateness of every form you sign and submit. You must review every drafted field before signing. The signed form is yours, not ours.

Record-keeping.You remain responsible for retaining the signed clinical record in accordance with your regulatory body’s standards (e.g. for physiotherapists in BC, the College of Health and Care Professionals of British Columbia requires retention of patient records for at least 16 years after the last service date for adult patients, or until the patient reaches the age of majority plus 16 years for minor patients). TOSC does not retain the signed PDF for you. You must download and store it in your own clinical records system.

You agree not to:

• Use the products for any unlawful purpose, including fraudulent insurance claims.
• Attempt to interfere with the operation of the site or products (e.g. via denial-of-service, scraping at scale, reverse-engineering, or attempting to extract our prompts or model weights).
• Use Performa to draft forms for patients who have not given you the appropriate consent under PIPA-BC and PIPEDA.
• Misrepresent yourself as a clinician you are not.
• Resell, sublicense, or redistribute access to TOSC products without our written agreement.

We may suspend or terminate access for violation of any of the above.

When you use Performa, you may type or paste clinical information about your patients. Our role with that information is described in our Privacy Policy (sections 4 and 5). In summary:

• Patient identifiers (name, DOB, PHN, claim number) are detected and held in your browser only.
• Scrubbed clinical text is sent to a Canadian-controlled drafting model.
• Our PHI scrubber recognises common patterns. It is not perfect. You are responsible for reviewing the scrubbed text before sending.

You retain custodianship of patient information at all times. TOSC is your service provider, not your custodian.

The TOSC name, logo, website content, products, and underlying software are owned by TOSC Digital Health Inc.

The clinical forms (CL489F, WSBC forms, etc.) are owned by their respective issuers (ICBC, WorkSafeBC, etc.). We provide drafting tools that produce filled instances of those forms; we do not own the form templates.

Anything you generate using Performa — the drafted narrative, the filled PDF — belongs to you and your patient.

TOSC products and services are provided "as is" and "as available", without warranties of any kind, express or implied. We do not warrant that the products will be uninterrupted, error-free, free of vulnerabilities, or that drafted output will be free of errors or omissions.

The clinician using Performa is solely responsible for verifying clinical accuracy.

To the maximum extent permitted by law, TOSC’s total liability arising out of or relating to these Terms or the products is limited to the greater of (a) CAD $100, or (b) the amount you have paid TOSC in the 12 months preceding the event giving rise to liability.

In no event will TOSC be liable for any indirect, consequential, incidental, special, or punitive damages, including lost profits, lost goodwill, or claims arising from the use or inability to use the products, even if advised of the possibility.

Some jurisdictions do not allow these limitations. If you are in such a jurisdiction, the limitations apply to the maximum extent permitted there.

You agree to indemnify and hold TOSC harmless from any third-party claim arising from (a) your use of the products, (b) your violation of these Terms, or (c) your violation of any applicable law including PIPA-BC, PIPEDA, CHCPBC standards, or other regulatory requirements applicable to your professional practice.

You may stop using the products at any time. We may suspend or terminate your access for material violation of these Terms, with reasonable notice where practical.

Sections 5, 6, 7, 8, 9, and 12 survive termination.

We may change these Terms from time to time. The "Last updated" date at the top reflects the most recent version. Material changes will be announced by email to active subscribers. Continued use after the effective date constitutes acceptance.

These Terms are governed by the laws of the Province of British Columbia, Canada, without regard to conflict-of-law principles. Any dispute arising from these Terms or the products will be brought exclusively in the courts of British Columbia.

TOSC Digital Health Inc.
Email: contact@tosc.ca
Privacy: privacy@tosc.ca