Terms of Service
Terms of Service for pro.painworth.com
Please see the definitions section at the end of these terms for any other capitalized terms not otherwise defined.
If you have any questions about these terms, please email us at email@example.com.
1. Reading, Agreeing, and Keeping a Copy
These Terms Are Legally Binding
In these Terms, “Settle Smart”, “we”, “us” and “our” means Settle Smart Ltd., operating under the business names Painworth and/or PainWorth Pro, a corporation registered and operating under the laws of Alberta, Canada. “You” and “your” means the person who uses a Device to access the Services through the websites, www.painworth.com, pro.painworth.com www.adjustly.ca, app.painworth.com, app.pro.painworth.com, or [yourcompany].pro.painworth.com (together the “Website”). These Terms govern your access and use of the Platform, which includes your use of the Website, any application web, mobile, tablet, or other smart-device applications, and application program interfaces (collectively the “Application”) and all associated services (the “Platform Services”).
- Read and agree to the Terms. You must read and agree to these Terms, which are a legally binding contract between you and us, before you can use the Platform. By using and accessing the Platform, you confirm:
i. That you are the age of majority in the place where you live and have the capacity to form legally binding contracts, and
ii. That you have read and agree to these Terms.
These Terms take effect on that date that you agree on-screen. You cannot use the Platform unless you have read and agreed to these Terms.
- Keep a copy of the Terms. You can print or save these Terms using the print or save function in your browser. We will email you a copy or provide a link to these Terms at the email address you provided when signing up for the Platform, if requested.
These Terms include and incorporate by reference the following important documents, as applicable and as they may be in effect and modified from time to time:
- and any applicable agreement between your employer or other corporate entity and us, including, but not limited to, a Master Service Agreement or Non-Disclosure Agreement.
Collectively, these contracts are referred to as the “Terms of Service”.
WE RESERVE THE RIGHT IN OUR SOLE DISCRETION TO REVISE AND UPDATE THE TERMS OF SERVICE FROM TIME TO TIME. IF WE DEEM IT APPROPRIATE, WE WILL SEND NOTICE TO YOU OF ANY REVISION OR UPDATE TO THESE TERMS OF SERVICE. ANY AND ALL SUCH MODIFICATIONS ARE EFFECTIVE IMMEDIATELY UPON POSTING AND APPLY TO ALL ACCESS, AND CONTINUED USE OF, THE PLATFORM. YOU AGREE TO PERIODICALLY REVIEW THE TERMS OF SERVICE TO BE AWARE OF ANY SUCH MODIFICATIONS. YOUR CONTINUED USE OF THE PLATFORM SHALL CONSTITUTE YOUR ACCEPTANCE OF THE THEN-CURRENT TERMS OF SERVICE.
THE PLATFORM MAY BE CHANGED, WITHDRAWN OR TERMINATED AT ANY TIME IN OUR SOLE DISCRETION WITHOUT NOTICE TO YOU OR ANY OTHER USER. WE WILL NOT BE LIABLE IF FOR ANY REASON ALL OR ANY PART OF THE PLATFORM IS RESTRICTED TO YOU OR ANY OTHER USER OR IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD. ANY REVISIONS TO THE TERMS OF SERVICE WILL TAKE EFFECT ON THE LAST NOTED EFFECTIVE DATE.
YOU ARE RESPONSIBLE FOR OBTAINING YOUR OWN ACCESS TO THE PLATFORM. YOU ARE REQUIRED TO ENSURE THAT ALL PERSONS WHO ACCESS THE PLATFORM THROUGH YOUR INTERNET CONNECTION ARE AWARE OF, AND COMPLY WITH, THE TERMS OF SERVICE. YOU ARE RESPONSIBLE FOR ANY SECURITY BREACHES OR PERFORMANCE ISSUES RELATING TO YOUR USE OF THE PLATFORM.
YOU UNDERSTAND THAT BY USING THE PLATFORM AFTER THE EFFECTIVE DATE, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE, INCLUDING THE ARBITRATION PROVISIONS OF THESE TERMS (SUBJECT TO YOUR RIGHT TO OPT OUT OF THE ARBITRATION PROVISION AS PROVIDED BELOW). IF YOU USE THE PLATFORM ON BEHALF OF AN ORGANIZATION OR LAW FIRM YOU AGREE TO THE TERMS OF SERVICE ON BEHALF OF SUCH ORGANIZATION OR LAW FIRM AND IN DOING SO YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ORGANIZATION OR LAW FIRM TO THE TERMS OF SERVICE AND AGREE THAT YOU ARE BINDING BOTH YOURSELF AND THAT ORGANIZATION OR LAW FIRM TO THE TERMS OF SERVICE.
What is the Service and how does it work?
Under these Terms, the Platform Services means the features, functionality, content, and information provided by us via the Platform and include any services that may be provided by Service Providers and Third Parties.
The Platform Services currently available through the Platform include:
- Painworth: A subscription-based software platform that helps claimants settle their personal injury claims
- PainWorth Pro: A subscription-based software platform that used artificial intelligence and computer automation to assist professionals manage their client’s bodily injury claims.
Some of the Platform Services may be provided in whole or in part by Service Providers and Third Parties. The Platform Services are currently available in English only, despite any language settings on your Device.
The Platform Services and the Platform may not be accessible at all times. In addition, functionality, features, content, or information may change, and may not always be available.
3. No Professional Advice
We are not your personal injury professionals
WE ARE NOT LAWYERS, A LAW FIRM, INSURANCE ADJUSTERS, OR PERSONAL INJURY PROFESSIONALS OF ANY TYPE. WE DO NOT ENGAGE IN THE PRACTICE OF LAW OR THE PROVISION OF LEGAL SERVICES AND DO NOT PROVIDE ANY LEGAL OR OTHER PROFESSIONAL ADVICE OR OPINIONS THROUGH THE PLATFORM. SETTLE SMART DOES NOT GUARANTEE ANY SERVICES BOOKED, CREATED, OR DELIVERED USING THE PLATFORM. YOU ARE AWARE THAT LEGAL SERVICES ARE SUBJECT TO INHERENT RISKS AND OTHER FACTORS BEYOND SETTLE SMART’S CONTROL. YOU ACKNOWLEDGE THAT SETTLE SMART DOES NOT DRAW LEGAL CONCLUSIONS, PROVIDE LEGAL ADVICE, OPINIONS, OR RECOMMENDATIONS ABOUT THE LEGAL RIGHTS, REMEDIES, DEFENCES, OPTIONS, OR STRATEGIES, OR APPLY THE LAW TO ANY FACTS OF ANY PLATFORM USER’S PARTICULAR SITUATION.
SETTLE SMART IS NOT AUTHORIZED UNDER ANY APPLICABLE LAWS TO ENGAGE IN THE PRACTICE OF LAW OR THE PROVISION OF LEGAL SERVICES.
Settle Smart’s purpose is to enable users of the Platform to calculate the potential damages related to their personal injury claims. The data we provide can help you settle your personal injury claim(s), however, it will not settle your personal injury claims for you. The Platform is a do-it-yourself service. It is only as accurate as the information you enter into the Platform and results will vary depending on what you decide to do with the information on the Platform.
The information provided on the Platform is for informational purposes only. You are advised to seek legal or other professional advice by contacting a lawyer, insurance adjuster, or other relevant professional. Your use of or access to the Platform does not create a lawyer-client or other relationship or trust. We are also not a legal referral service. Any third party services you engage with through the Platform as provided “as is”, (please see section 10 - “Service Providers and Third Parties).
4. Costs, Fees, and Related Charges
Do I have to pay service fees?
There are currently no fees charged to users of the Platform. However, pro.painworth.com does incur fees relating to your use of the Platform that are specified in the Master Service Agreement between You and your employer.
We may change the amount of our fees as the Platform develops. We will provide you with notice of any changes in fees, in accordance with the notice section of these Terms. All amounts are expressed in Canadian dollars.
You are responsible for all costs, fees, data plans and related charges associated with your use of any Devices, and they are not reimbursable by us.
Information we collect and how we use it
Collecting Your Personal Information
We may obtain this information from a variety of sources, including from you, from participants in our affiliate or partner program who refer you to us, from service arrangements you make with or through us, from registries, from references you provide to us and from other sources, such as an employer, as is necessary for the provision of the Platform Services.
Using your personal information
The information we obtain from and about you may be used from time to time for the following purposes:
- to create your profile on the Platform and provide you with the Platform Services;
- to determine your eligibility for products and services;
- to help us better understand the current and future needs of our users;
- to help us better manage our business and your relationship with us; and
- as required or permitted by law.
Other optional uses of your personal information
We may use the information we obtain from and about you to promote our products and services and promote products and services of Third Parties we select, which may be of interest to you. We may communicate with you through various channels, including telephone, email, or mail, using the contact information you have provided to us. You may choose not to have your information shared or used for the “Other optional uses of your personal information” described above by contacting us as set out below and we will respect your choice.
Your right to access your personal information
You may obtain access to the personal information we hold about you at any time and review its content and accuracy, and have it amended as appropriate; however, access may be restricted as permitted or required by applicable laws. To request access to such information, to ask questions about our privacy policies or to request that the information not be used for any or all of the purposes outlined in “Other optional uses of your personal information” you may do so now or at any time in the future by contacting our Privacy Officer, Justin MacFayden at firstname.lastname@example.org.
Our privacy policies
You may obtain more information about our privacy policies here: Painworth / PainWorth Pro.
How Will We Contact Each Other?
You can find our contact information here: Painworth / PainWorth Pro. We will contact you and provide notices using information you provide through the Platform. Except as provided below in the “Notices and Changes” section of these Terms, email is our primary method of communication. When we use email, we will send you electronic correspondence, including notifications, to the email address you provide to us through the Platform. It is your responsibility to keep your email address up to date. You understand that if you do not keep your email address up to date, we may not be able to complete the signup process or otherwise contact you.
If you do not wish to be presented with promotional content:
- via email, please change your communication preferences through the link available in the email message; or
- via the Website, please request to have your profile deleted by contacting us here: Painworth / PainWorth Pro. Changes to your communication preferences for promotional content will not change how we communicate with you for non-promotional content related to the Platform.
How can you or we end these Terms?
Termination by Us
Without prior notice and for any reason, we can suspend or terminate your use of the Platform, and/or terminate part or all of these Terms for the following reasons: (i) any actual or intended violation of these Terms, including without limitation your failure to pay any fees owing; and (ii) any unlawful or inappropriate behavior, as determined by us, including without limitation unlawful or inappropriate use of Platform. We may also suspend or terminate your access to Platform, and/or terminate part or all of these Terms for convenience upon 15 days prior notice to you. We will not be responsible for any loss or inconvenience that may result from such suspension or termination for any loss or inconvenience that may result from such suspension or termination.
Termination by you
To terminate your use of the Platform and these Terms, you can contact us at the contact information provided in the “Communication” section of these Terms.
8. Notice and Changes
How will we tell you about any changes?
Any notice may be given to you through the Platform or pursuant to the “Communication” section of these Terms.
We can change (add, remove, or alter) any part or feature of the Platform, without giving you notice. Following any such change, these Terms will continue to apply to all or parts of the Platform. Subject to legal and regulatory requirements, we can also change these Terms by giving you notice of the change to the email address you provided when signing up for the Platform, either before or after the changes take effect. When giving you such notice we will also provide you with a copy of or a link to the updated Terms. If you use the Platform after we have notified you of a change, or after the Terms have been amended, you are deemed to have reviewed and accepted the new version of these Terms.
9. Account Setup and Security
You are responsible for your choices made when you are signed in and for the security of your information
You must register and activate an Account to access and use certain features of the Platform. You acknowledge that Settle Smart reserves the right to refuse service to anyone and to cancel your access at any time, subject to any restrictions under Applicable Laws.
You will be required to provide Sign-In Credentials to access the Platform. You authorize us to accept, and you agree to be responsible for any instruction given by you or purported to be given by you using your Sign-In Credentials. Any instruction will have the same legal effect as if it was a written instruction and signed by you.
You are responsible for keeping your Sign-In Credentials confidential, and you must not disclose them to anyone. We will not be responsible for any losses that may result if you share or lose your Sign-In Credentials. When using the Platform, you agree that you will take all steps necessary to ensure that you do not reveal any confidential information to anyone other than us. This includes making sure that other people cannot see your Device screen.
You must also:
- Not leave your Device unattended while signed-in to the Platform and you must use reasonable steps and precautions to protect your Device against loss or theft;
- Use reasonable security measures which include up-to-date virus scanning software and a firewall system, if such security measures are available for your Device; and
- Comply with any additional security requirements that we may require in connection with the Platform.
10. Service Providers and Third Parties
Other entities help us provide the Services or offer Third Party Services
Services We may use Service Providers and Third Parties to provide or to assist us in providing the Services or Third-Party Services. We do not sponsor or endorse any Third Party and we are not affiliated or associated with any Service Provider or Third Party.
When using the Platform:
- You may use Service Provider Services solely for your own personal use;
- You may not sell, distribute or otherwise use Service Provider Services or other information from the Platform, and you may not permit such distribution or use by anyone else; and
- You may not provide or make available any Service Provider Services to any provider of products or services like those products and services provided by the Service Providers.
You understand and agree that:
- Third Party Services are provided “as-is” and “as available”, and that we expressly disclaim all warranties (express and implied) in connection with any Third Party Services and all information, products and other content included in or accessible from any Third Party Services, including, without limitation, any warranties regarding accuracy, completeness, merchantability or fitness for a particular purpose.
Service Providers and Third Parties retain all ownership rights, including all intellectual property rights, in Service Provider Services and Third-Party Services and to their trademarks and logos that appear on the Platform. Nothing in these Terms or the Platform should be interpreted as conferring any right for you:
- to use Service Provider Services or Third-Party Services in any way other than as expressly permitted in these Terms; or
- to use any Service Provider or Third Party trademarks or logos.
You agree that we, Third Parties and Service Providers may use information and content you provide through the Platform to create use and distribute statistical, profiling, performance or operational reports about the Platform. These reports may be shared with Third Parties, in which case, the information in the reports will not be attributable to you.
11. Referral Fees
We May Receive Fees When We Refer You to Third Parties
A Third Party may pay us, or we may receive from a Third Party, directly or indirectly, a referral fee when we refer you to the Third Party and you elect to purchase or obtain products or services from the Third Party. We may also receive a fee from any Third Party’s refer you to us. The amount of any referral fee paid or received for referrals will not affect the fees paid or payable, if any, by you to us or to the Third Party.
12. Compliance and Prohibitions
Appropriate Use of the Website
Your use of the Platform must comply with these Terms and all applicable laws.
When using the Platform, you will not:
- Provide untrue, inaccurate, or incomplete information;
- Use the Platform for any illegal, fraudulent, malicious, harassing or defamatory activity or purpose;
- Use any robot, spider or other indexing device when using the Platform;
- Use any part of the Platform to provide internet, service bureau, outsourcing or third-party services or redistribute all or any part of the Platform;
- Take steps or actions that could or do undermine the security, integrity, effectiveness, goodwill or connectivity of the Platform (including illegal, fraudulent, malicious, defamatory or other activities that threaten to harm or cause harm to any other person); or
- Reverse engineer or reverse compile the source code for the Platform or any of the service technology.
When using the Platform, you will:
- Monitor and control all activity conducted through the Platform;
- Promptly notify us if you become aware or reasonably suspect any illegal or unauthorized activity or a security breach involving your account; and
- Inform us of any behaviour of other Platform users who display inappropriate or other behaviours that are contrary to these Terms for us to take appropriate actions in response to this behaviour.
You Can Use It, but You Can’t Keep It
We grant you a non-exclusive and non-transferable single-user (non-concurrent) license to use the Platform, in accordance with these Terms. At any time, and at our sole discretion, we may limit, restrict, suspend, declare a moratorium on, or terminate your ability to access the Platform; and with notice to you, we may end the terms relating to the Platform. If these Terms are terminated, you will destroy all copies of the Platform and all copies of any documentation for the Platform then in your possession. The grant of this license may not be assigned by you unless agreed upon in writing by us.
We retain at all times all ownership rights, including without limitation, copyright, in the Platform. You agree not to copy, reproduce, transfer copies or reverse engineer the Platform and not to disclose or distribute the Platform to Third Parties. We have no obligation to provide any training, maintenance, or other assistance for the Platform.
Settle Smart is the owner, or licensee, of all intellectual property rights subsisting on each screen made available through the Platform. Unless otherwise indicated, trademarks and logos, and all works, including texts, images, illustrations, software, HTML codes, audio clips and videos appearing on the Platform are the property of Settle Smart, or those of our licensors, and without our express written permission, may not be reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part, in any form whatsoever, except for personal and non-commercial use, including viewing, printing or archiving of electronic copies of your Platform activities, in accordance with these Terms and as we may further instruct you. Nothing in these Terms or on the Platform is to be interpreted as conferring a right to use our works, trademarks or logos in any other way, or those of any Service Providers.
14. No Representation or Warranties
The Platform is Provided “as is”
We are providing you with the Platform, including all faults, on an “as is” and “as available” basis and we do not make any representations or provide any warranties concerning them. Without limiting the foregoing, we expressly disclaim all warranties in connection with the Platform, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement, or that the Platform is or will be error-free or will operate without interruption.
In the event that there is an interruption or disruption in availability of the Platform, for whatever reason, even if Settle Smart has been made aware of an issue that could result in or is likely to result in an interruption or disruption, Settle Smart will use reasonable efforts to return service as soon as reasonably possible.
15. Liabilities and Indemnities
Read this Carefully—it limits your right to sue us
You are solely responsible for all information or content that you give us through the Platform and the Third Party Services. To the maximum extent permitted by applicable law, we will not be responsible for any loss, damage, harm, injury, delay or inconvenience suffered or incurred by you with respect to:
- these Terms, the Platform, or the Third Party Services, (ii) any instruction given to, by or purported to be given by you, using Sign-In Credentials, in connection with the Platform or Third Party Services; or
- any products or services you obtain or purchase from us or from a Third Party to whom we refer you, or otherwise.
Such losses, damages, injuries, delays and inconveniences include, without limitation:
- direct, incidental, indirect, consequential, special, aggravated, punitive or exemplary damages;
- loss of data, profits, information, opportunity, revenues and goodwill; and
- any other business interruption, commercial or economic losses.
The foregoing limitation of liability applies regardless of the cause of action, even if we have been advised of the possibility of such damages. Notwithstanding the above, in no event will our total aggregate liability in connection with or under these Terms, or your use of, or inability to make use of, the Platform exceed $1,000. For greater certainty, the existence of one or more claims made under these terms will not increase this maximum liability amount.
In addition, in no event, even if we are negligent will we be liable for any loss or damage suffered by you that is caused by any one or more of:
- The actions of, or any failure to act by a Third Party or Service Provider (and no such Third Party will be considered to be acting as our agent);
- Mistakes, errors, omissions, inaccuracies or other inadequacies of, or contained in the Services or Third Party Services or any data given by you to us or any Third Party or Service Provider, including your failure to update;
- Any delay, error, interruption or failure by us or any Third Party or Service Provider to perform or fulfill any of our obligations to you due to any cause beyond our control or their control, any system malfunctions or any technical failures;
- Unsecured communication being inaccurate, intercepted, reviewed or altered by others, or not received by you;
- Your access to the Platform or Third Party Services, including, without limitation, any delay or inability to access the Platform or Third Party Services;
- Your failure to receive or view any communication that has been presented to you, and we will not be responsible for any delay, damage or inconvenience that such failure may cause; or
- Your failure to fulfill any of your obligations under these Terms, including those in the “Security” section of these Terms, or to comply with any instructions we may provide to you from time to time in connection with the Platform (all of the foregoing, “Claims”).
You release and indemnify us for any claim, cost and liability incurred:
- as a result of your use of the Platform and Third Party Services; or
- as a result of your breach of these Terms.
You will cooperate fully with us in the defense of any Claims. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Claims. We reserve the right to assume the exclusive defence and control of any Claims. You will not settle any Claims without, in each instance, the prior written consent of an officer of Settle Smart.
16. On-Screen Terms
Terms Shown On-Screen Form Part of these Terms
There may be terms, conditions, instructions or disclaimers related to the Platform, Third Party Services, or Offers displayed on the screens in the Platform, or when you click on icons or links on the Platform screens. By using any of the Platform or any Offers, you must access and agree that the terms, conditions, instructions or disclaimers apply to your use of or access to the applicable Services, Third Party Services, or Offers, in addition to the terms and conditions of any other applicable agreements.
Electronic Records = Paper Records
Our records, including electronic records, including those of any Service Providers (whether used by them or us), regarding the Platform, including the retrieval, consolidation, organization and presentment of information, are final and conclusive. These records will be admissible in any legal, administrative or other proceedings. Furthermore, electronic data and records will be admissible as conclusive evidence of the contents of those records in the same manner as original paper documents. You waive any right to object to the introduction of any such electronic data or records into evidence.
18. Electronic Agreement
Clicking = Signing with a Pen on Paper
These Terms and any related terms, conditions, instructions, disclaimers or documents may be accepted in electronic form and your acceptance is binding between you and us. Neither you nor we will contest the validity or enforceability of these Terms and any related documents because they were accepted or signed in electronic form.
19. General Conditions
Contract Law Stuff
Assignment and Severability
If any provision of these Terms is found to be invalid or unenforceable, this will not affect the validity or enforceability of the other provisions of these Terms. Our failure to enforce strict performance of any provisions of these Terms does not mean we have waived any provision or right. Neither the course of conduct between you and us, nor trade practice modifies any provision of these Terms. We may assign or transfer these Terms on notice to you. You may not assign or transfer these Terms or any of the obligations or rights under these Terms to any other person.
We have the right at all times to assign any or all of our rights and obligations under these Terms. The Platform may then be delivered by the entity to whom we assign these Terms.
We will talk to each other in English
You and we have expressly requested that these Terms and all related documents, including notices, be drawn up in the English language.
Vous et nous avons expressément demandé que cette entente et tout document y afférent, y compris tout avis, soient rédigés en langue anglaise. (Quebec only / Québec seulement).
What Law Applies?
These Terms are entered into and governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein. You and we agree that the City of Edmonton courts shall have exclusive jurisdiction over each of us for the determination of any matters arising out of these Terms.
20. Defined Terms
What Does Everything Mean?
- Applicable Laws means any applicable statues, law, regulation, rule, court order, common law, judgment, decree, other requirement or rule of law of any Governmental Authority having appropriate jurisdiction over Settle Smart and the Platform.
- Application has the meaning provided to it under section 01 – Reading, Agreeing and Keeping a Copy.
- Device means any mobile device, computer or other device you use to access the Platform.
- Governmental Authority means any Canadian federal, provincial, territorial or municipal government or political subdivision thereof, or any agency of such governmental or political subdivision, or any self-regulated organization or other non-governmental regulatory authority or quasi-governmental authority (to the extent that the rules, regulations or orders of such organization or authority have the force of law), or any arbitrator, court, or tribunal of competent jurisdiction.
- Offers means any offers, rate discounts or promotions of a Third Party presented by us as part of the Services.
- Platform means the Website, Application, and Platform Services.
- Platform Services has the meaning provided to in under section 01 – Reading, Agreeing and Keeping a Copy.
- Services means the Services as defined by the “Services” section of these Terms.
- Service Provider means a party retained by us to act on our behalf to provide, or to assist us in providing, the Platform.
- Service Provider Services means content and information contained in the Services provided by any Service Provider.
- Sign-In Credentials means usernames, passwords, personal verification questions or other information required to access the Platform.
- Terms means these terms and conditions.
- Terms of Service has the meaning provided to it under section 01 – Reading, Agreeing and Keeping a Copy.
- Third Party means any party other than you, us or a party when acting as a Service Provider.
- Third Party Services means any products or services provided by a Third Party that can be used or accessed on or through the Platform or a Third Party that we refer you to for other products and services.
- Website has the meaning provided to it under section 01 – Reading, Agreeing and Keeping a Copy.