INSTREAM CONSOLIDATED END USER AGREEMENT AND TERMS OF USE
Last updated: August 6, 2025; Revised: February 13, 2026.
8863202 Canada Inc. o/a Instream (“Instream”, “we”, “our” or “us”) offers access to the Instream website, Instream DIRECT PAY, Instream CLAIMS, Instream PaySuite, Instream PaySuite Lite and any related services, features, content or materials (collectively, the “Services”). These Terms of Use (“Terms”) govern your use of the Services, including all user manuals, technical manuals and any other material provided by Instream, in printed, electronic or other form.
Please read these Terms of Use carefully. These Terms of Use are effective on the date that you first register for an account and are a legally binding agreement between you and Instream. By registering for an account, or by accessing or using any of the Services, you acknowledge that you have read, understood and agree to be bound by these Terms. If you do not agree with these Terms, you must not access or use the Services. Your sole and exclusive remedy for dissatisfaction with the Services is to discontinue access to and use of the Services.
1 Definitions
For ease of reference, the following capitalised terms are used throughout these Terms:
“Account” means the unique, personal account registered by you to access and use any one of the Services.
“Security Key” means any unique identifier or credential provided by Instream for secure access to Services (as defined above).
“Services” has the meaning given in the opening paragraph above.
“Staff Account” means the account registered to your staff to access and use limited Services.
“Submission” means any information, data or content you provide to Instream through the Services.
2 Your Account
You must register for an Account to access and use the Services. You may only register an Account that is accessible solely by you; shared, group or generic Accounts are strictly prohibited, except for separately designated Staff Account. You must provide only true, accurate and complete information and keep such information up to date. You are prohibited from using the same credentials for your Account and your Staff Account.
You must provide only true, accurate, and complete information and keep it up to date. You represent and warrant that you have not misrepresented any information that you have provided to Instream in connection with your Account or your use of the Services.
3 Account Security
(a) Two-factor Authentication
Two-factor authentication (“2FA”) is mandatory for all Accounts, including both new and existing users. You must enable and maintain 2FA at all times as a condition of access to the Services.
2FA is mandatory for Staff Accounts, although users have the option to ‘trust’ a device for Staff Accounts for a limited time. You agree that you are solely responsible for protecting your Account and any associated Staff Account, and understand that Instream shall not be liable for any unauthorized use of your Account and / or any associated Staff Account or for any loss, damage, or liability arising from a compromised Account or Staff Account or fraudulent activity, as outlined under “Authority to Act and Disclaimer of Liability for Unauthorized Use of Account or Staff Account” (Clause 5) and “Disclaimer of Warranties and Limitation of Liability” (Clause 16).
Failure to maintain 2FA may result in immediate suspension or termination of your access to the Services.
(b) Password Policy
You must employ a strong, unique password for your Account, including Staff Accounts, which should comply with the following criteria:
(i) Password should consist of at least eight (8) characters, including a combination of upper and lower case letters, numbers, and special characters;
(ii) Passwords must not contain your name, username, or easily guessable information;
(iii) (Passwords must not be identical to any of your previous four (4) passwords; and
(iv) Passwords must not be common dictionary words or simple sequences (e.g., “password”, “123456”, “qwerty”).
Users are expected to change their password at least once every six (6) months. Instream may, at its discretion, require you to change your password at any time if it suspects your credentials have been compromised.
(c) Confidentiality of Credentials
You are solely responsible for maintaining the confidentiality of your username, password, and Security Key(s). You must not disclose your credentials to any third-party or permit any other person to access or use your Account. You remain responsible for all activities conducted through your Account, and any associated Staff Account, whether or not authorized by you.
4 Access
You may access and use the end-user functionality of the Services only in accordance with these Terms and solely for your internal business purposes as a healthcare provider (or as otherwise expressly authorised by Instream). As a condition of accessing and using the Services, you must:
(a) provide only true, accurate and complete information; and
(b) access and use the Services only in accordance with these Terms and applicable law.
5 Authority to Act and Disclaimer of Liability for Unauthorized Use of Account or Staff Account
By agreeing to these Terms, you hereby expressly authorize Instream to act on any changes to payment methods or terms made from or initiated through your Account.
Without limiting Instream’s rights under “Disclaimer of Warranties and Limitation of Liability” (Clause 16), to the fullest extent permitted by applicable law, Instream shall not be liable for any losses, damages, or liabilities arising from the unauthorized use of an Account or associated Staff Account or any fraudulent activity taking place via the Account or associated Staff Account, to the fullest extent permitted by law.
6 Unacceptable Use
By creating an Account and / or a Staff Account, you acknowledge and agree that you will not:
(a) make the Services available to, or use the Services for the benefit of, anyone other than yourself;
(b) sell, resell, licence, sublicense, distribute, make available, rent or lease the Services;
(c) use the Services to store or transmit infringing, libellous or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party rights;
(d) use the Services to send spam or to store or transmit any virus, Trojan horse, worm or other malicious code (“Malicious Code”);
(e) interfere with or disrupt the integrity or performance of the Services;
(f) attempt to gain unauthorised access to the Services or related systems or networks;
(g) copy, modify, create derivative works from, reverse engineer, frame, mirror or otherwise exploit any part of the Services;
(h) use the Services to build a competitive product or service or to benchmark with a non-Instream product or service;
(i) remove, alter or obscure any proprietary notices on the Services;
(j) probe, scan or test the vulnerability of the Services or any network connected to them;
(k) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or any systems or networks connected to them; or
(l) forge headers, impersonate any person or otherwise manipulate identifiers in order to disguise your identity.
7 Submitting Information Through the Services
Certain parts of the Services may let you provide information to Instream and, where applicable, to third-party service providers. You agree that:
(a) Submissions will be true, accurate and complete;
(b) you will update each Submission as necessary so that it remains true, accurate and complete at all times;
(c) you will not impersonate any person when making a Submission;
(d) Instream and third-party service providers are entitled to rely on your Submissions;
(e) you will not include the personal information of another individual in your Submission unless you have that individual’s express consent or are otherwise entitled to do so at law;
(f) you will not include in any Submission any material that is bigoted, hateful, racially offensive, obscene or otherwise objectionable; and
(g) you will not include in any Submission or otherwise transmit any Malicious Code.
8 Permitted Use
Instream may collect and store information regarding use of the Services and about equipment on which the Services are accessed. Instream may use such information for any legally permissible purpose related to any use of the Services by you, including improving performance, developing updates, verifying compliance with these Terms and enforcing Instream’s rights.
9 Breach Notification
In the event that you suspect or become aware of any unauthorized access to, or suspicious activity involving your Account or any associated Staff Account—including, without limitation, any compromise of credentials or fraudulent modification of payment methods or terms (“Security Incident”)—you shall notify Instream at the earliest reasonable opportunity and no later than within 24 hours of becoming aware of the Security Incident in accordance with the procedures set forth in the Notices section of this Agreement. Instream reserves the right, in its sole discretion, to reject or require changes to your Account or Staff Account username, password, or Security Key(s), as applicable. You remain solely responsible for all actions and transactions conducted through your Account and any associated Staff Account, whether or not such activity was authorized by you.
10 Compliance with Privacy Laws
Your use of the Services is subject to Instream’s Privacy Policy, which is incorporated by reference into these Terms. You represent and warrant that all Submissions, including any personal information of third parties, are collected, used, and disclosed in compliance with all applicable privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and any substantially similar provincial legislation. For more information on how Instream collects, uses, and protects your personal information, please review the Instream Privacy Policy available on our website
11 Reservation of Instream Rights
Instream has and will retain all right, title and interest in and to the Services (including all patent, copyright, trademark, trade secret and other intellectual property rights), and all copies, modifications, and derivative works of any of them. You acknowledge that you are obtaining only a limited right to access and use the Services, subject to these Terms. No rights are granted to you under these Terms other than as expressly set forth in these Terms. You have no right to use any trademarks owned or used by Instream. You do not acquire any ownership interest in the Services under this Agreement, or any other rights to the Services other than to use the Services in accordance with the license granted under this Agreement, subject to all terms, conditions and restrictions. Instream reserves and shall retain its entire right, title and interest in and to the Services and all intellectual property rights arising out of or relating to the Services.
12 Feedback
At your option, you may provide feedback and suggestions about the Services to Instream via its Contact Us page (“Feedback”). If you provide Feedback, Instream and its affiliates may use that Feedback for any purpose, including to improve the Services and develop new products or services, without restriction and without obligation to you.
13 Use of Third-Party Services
To the extent applicable, you are responsible for all fees and taxes that may be charged for the use of any third-party services. Your use of any third-party services in connection with the Services is at your own risk. Instream expressly disclaims responsibility and liability for third-party services, and you agree that Instream shall not be responsible for any loss or damage of any sort incurred as a result of any dealings with, or the presence of, third-party services.
14 Data Sharing with Third Parties
Third-party service providers may have access to the information in your Submissions. You authorize Instream to provide such information to the third-party service provider as applicable. Instream may provide information in your Submissions to third-party service providers only as necessary for the provision of the Services and in accordance with applicable privacy laws. Instream shall use reasonable efforts to ensure that any third-party service provider to whom it discloses your information is contractually obligated to protect such information to a standard at least equivalent to that required by applicable law and Instream’s Privacy Statement.
15 Functionality and Access
Instream may at any time, with or without notice and without liability:
(a) remove any functionality from the Services;
(b) change any functionality on the Services; or
(c) deny any person access to the Services.
Instream reserves the right to take any action related to the Services that is required to comply with applicable law.
16 Disclaimer of Warranties and Limitation of Liability
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. INSTREAM HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. INSTREAM SPECIFICALLY DISCLAIMS ALL IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES AND CONDITIONS ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. INSTREAM MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES, OR ANY RESULTS OF THEIR USE, WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.
IN NO EVENT WILL THE MAXIMUM AGGREGATE LIABILITY OF INSTREAM (AND INSTREAM’S DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FOR ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND EXPENSES) (COLLECTIVELY “LOSSES”) TO YOU RELATED TO THE SERVICES, OR THESE TERMS, EXCEED THE LESSER OF (A) THE DIRECT DAMAGES SUFFERED BY YOU, AND (B) CAD $100. ANY ACTION COMMENCED BY YOU AGAINST INSTREAM MUST BE BROUGHT WITHIN 12 MONTHS OF THE CAUSE OF ACTION ARISING.
IN NO EVENT WILL INSTREAM (OR INSTREAM’S DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS) BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR AGGRAVATED DAMAGES, OR FOR ANY LOSS OF REVENUE, SAVINGS, INCOME, BUSINESS, PROFIT, GOODWILL OR REPUTATION WHATSOEVER BASED ON ANY LEGAL THEORY (INCLUDING TORT OR NEGLIGENCE), AND EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
17 Indemnity
You agree to indemnify, defend and hold Instream (and Instream’s directors, officers, employees and agents) harmless from all Losses resulting from any third-party claims, suits, actions, or proceedings (“Claims”) based on:
(a) your use of the Services in a manner not authorized by these Terms;
(b) your breach of these Terms;
(c) your gross negligence or wilful misconduct; or
(d) any Submission that is untrue, inaccurate or incomplete.
18 Termination and Suspension
If you fail to comply with these Terms, then, without limiting any other right or remedy available to Instream, Instream may suspend or terminate your access to all or any part of the Services, with or without notice to you, and without any liability to you or any other person. If Instream terminates or suspends your access to all or any part of the Services, then these Terms will nevertheless continue to apply in respect of your use prior to such termination or suspension.
19 Export Controls
These Terms are expressly made subject to any laws, regulations, orders, or other restrictions on export from the United States of America or Canada of any of the Services, or any information about any of them, which may be imposed from time to time by the governments of the United States of America or Canada. You shall not export any of the Services, or any information about any of them without the prior written consent of Instream and compliance with such laws, regulations, orders, and other restrictions. You represent and warrant that
(a) you are not located in a country that is subject to a U.S. or Canadian government embargo, or that has been designated by the U.S. or Canadian government as a “terrorist supporting” country; and
(b) you are not listed on any U.S. or Canadian government list of prohibited or restricted parties.
20 Amendments
These Terms may be updated periodically. Instream will notify you of changes by posting the updated Terms on its website, through the Services, or by email. Changes take effect thirty (30) days after the earliest date of such notice is given. If you disagree with any changes, you may stop using the Services before the effective date without penalty. Continued use after that date constitutes acceptance of the updated Terms. Please review these Terms on Instream’s website regularly to stay informed.
21 Governing Law & Jurisdiction
These Terms, and any dispute, controversy or claim arising out of or in connection with the Services, are governed by and interpreted in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of laws rules. You and Instream each attorn to the exclusive jurisdiction of the courts of Ontario in respect of any such dispute, controversy or claim.
22 Entire Agreement & Survival
These Terms constitute the entire agreement between you and Instream with respect to your use of the Services and supersede all prior or contemporaneous terms, agreements, communications, and proposals, whether electronic, oral, or written, between you and Instream.
The following provisions shall survive any termination, suspension, or expiration of your access to the Services: Clause 10 (Privacy), Clause 11 (Reservation of Instream Rights), Clause 12 (Feedback), Clause 13 (Third-Party Services), Clause 16 (Disclaimer of Warranties and Limitation of Liability), Clause 17 (Indemnity), Clause 21 (Governing Law & Jurisdiction), and this Clause 22 (Entire Agreement and Survival).
23 Notices
If you have any questions regarding these Terms, wish to report an actual or suspected Security Incident, or require general assistance, you may contact Instream using the information provided below. All notices or communications required or permitted under these Terms shall be in writing and delivered to Instream at:
Email: privacyofficer@instreamcanada.com
Mailing Address: 5335 Canotek Rd. Unit 102, Ottawa, Ontario, K1J 9L4
24 General
If any provision of these Terms is unlawful, void, or unenforceable, then that provision shall be deemed severed from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions. All rights and remedies of Instream granted or recognized in these Terms are cumulative, are in addition to and not in substitution for any rights or remedies at law and may be exercised at any time and from time to time independently or in any combination. In these Terms (a) references to currency are to the lawful money of Canada, (b) “person” includes individuals, corporations, partnerships, joint ventures, associations, trusts, unincorporated organizations, societies and all other organizations and entities recognized by law, and (c) “including” (and similar variations) means including without limitation. Failure by Instream to insist on strict performance of any of the terms or conditions of these Terms will not operate as a waiver by Instream of that or any subsequent default or failure of performance. Instream’s affiliates, Instream’s directors, officers, employees, and agents are third-party beneficiaries of the sections titled “Authority to Act and Disclaimer of Liability” (Clause 5), “Disclaimer of Warranties and Limitation of Liability” (Clause 16), and “Indemnity” (Clause 17). There are no other third-party beneficiaries of these Terms. You may not assign these Terms without the prior written consent of Instream. Instream may assign these Terms without restriction. These Terms will enure to the benefit of and will be binding on you and Instream and your and its respective successors and permitted assigns.