PhysioBit Ltd, FYSIAPP end user mobile- and WEB app Terms of Use

FysiApp is made by PhysioBit Ltd which resides in Finland. Therefore the master Terms and Agreement are in Finnish and other translation replicate the Finnish Terms and are for reference only.   

 

1. Accepting the Terms of Use

FysiApp®-service (”Service”), which consists of FysiApp® -applications, all of the content within the applications, the services provided through the applications, as described below, have been developed and all copyrights and other immaterial rights are owned by a Finnish company, PhysioBit Ltd (FI6487523), address: Savolanraitti 1 B7, FI70820 Kuopio, Finland. These Terms of Use (”Terms of Use”) are applied to the use of the Service. By using the Service partially or in full accept these Terms of Use as a whole. If you do not accept these Terms of Use do not register, log in or use the Service.

 The Terms of Use will be in effect when you accept the Terms of Use during first log in or at latest when you start the use of the Service. The Service by PhysioBit Ltd is produced and/or given by a third party (partner company). These Terms of Use apply whether you have got the access to the Service via a partner company or not.

The service is a mobile and/or web application designed to allow messaging with your coach and/or other health or wellbeing professional (“Professional”), to practice and develop physical, mental or social wellbeing and/or to execute rehabilitation or physical training program with the support of exercises and instructions in the app. Exercises and/or instructions are always planned and given by the professional personally to every app user. If you are not certain if the exercises and other content are suitable for you, do ask advice from your Professional.

 By accepting these Terms of Use you confirm to be 13 years of age or above as the service is not designed for minors under 13 years of age. If you are above 13 but considered minor in your country of residence, you must have your parent’s approval to Terms of Use and the use of the Service.

2. Right to use the Service

 All immaterial rights and other rights of the Service and/or other products and services offered by PhysioBit Ltd are property of PhysioBit Ltd or the license providers.

By accepting these Terms of Use PhysioBit Ltd will give you a personal and non-permanent right to use the Service for private, non-commercial purposes. PhysioBit Ltd owns all the rights to the Service and it’s contents (I.E. the contents of the exercise library), materials, logos, icons and trademarks excluding third party materials. You have no right to copy, save, or deliver the contents of the Service to third parties. Your rights to use the Service are precisely limited to use the Service in accordance with these Terms of Use. 

You can not copy, modify or make derivatives of the Service, or to extract the source cody or by other means access the source code of the Service, unless specifically forced possible by the law. Also you are not allowed to try to disable or otherwise avoid any of the protective measures of the Service.

PhysioBit Ltd reserves the right to modify and/or cancel the service fully or partially by it’s own discretion. You also give rights to PhysioBit Ltd to prevent or limit your access to the Service at any time.

 By accepting the Terms of Use, you guarantee the information you enter in the Service are valid. The use of the Service requires a user name and a personal password which are entered upon signing up. Additionally, phone number can be used to enable more secure 2-stage authentication. A personal pin code can also be entered on the mobile apps. PhysioBit Ltd has the right to change your credentials to solve problem situations. After initial registration PhysioBit Ltd registers you credentials to the Service and these are not required to be entered on every log in on your mobile app and you are personally responsible for no third party can access your mobile or other device. You must choose a secure password and make sure no third party will have access to it.

You have no right to transfer or give your user credentials to any other person. If you suspect somebody else knows, or is using your credentials, you must inform PhysioBit Ltd immediately. You are responsible for all actions done using your credentials until you have informed PhysioBit Ltd of the misuse and a reasonable time to prevent the access to the Service using your credentials, has been given to PhysioBit Ltd to correct the issues. PhysioBit Ltd has the rights to limit and cancel your access to the Service if there are suspicions that your user credentials are used by a third party, or if there is a suspicion of misconduct of these Terms of Use.

The equipment to use the Service, nor the connections and networks to use the Service are not included in the Service. As the User you are responsible for all costs associated with data transfer (including use of the mobile network and data connection) or use of the network and the equipment. You are also responsible for your equipment and connections in that those can cause no harm to PhysioBit Ltd, third parties or the Service.

In the future PhysioBit Ltd may provide additional services and then User has the right to choose if willing to purchase additional services. In addition to these Terms of Use, possible additional Terms of Use and terms of purchase may come available to be accepted. The Service may also contain advertisement.

3. Cookies

PhysioBit Ltd may use cookies in conjunction with the Service. Cookies are small text files which a server is saving on client device. Cookies enable improvement of PhysioBit Ltd Service user experience and improvement of useability. The information collected by cookies do not make possible to identify a single user..

 Use of cookies enables, for example:
-  A website can store your user id which makes use of the Service faster
-  Saving website information on device to minimize loading times

If you have disabled cookies on your web browser, some parts of the Service may not function as desired.

4. Third party content and servers

The Service enables sharing third party content to be share with the Clients (I.E. internet links). These third party content may be directed by other terms of use and privacy policies than the ones by PhysioBit Ltd. PhysioBit Ltd recommends to read and understand terms of use concerning third party content.

 When sharing content other than provided with the Service, you must not violate third party terms of use or immaterial rights. When using the Service, you can not violate right of the Service as mentioned in paragraph 2.

The Service of PhysioBit Ltd can be provided by a third party (partner company). PhysioBit Ltd is not responsible for third party (partner company or other) provided service conduct, content or results.

 The Service and the personal information you add of your clients reside on third party servers. Information of your clients (I.E. exercises, assignments, messages, usernames, goals and measurements (data) reside on third party servers and are technically separated from client personal details. PhysioBit Ltd is using Microsoft Azure cloud services. More about Microsoft Azure compliance for health care can be read via the following link: https://docs.microsoft.com/en-us/industry/healthcare/compliance-overview. PhysioBit Ltd can not guarantee that the server or the Service is risk free concerning hacking or other actions or occurrences and therefore Client must acknowledge the most sensitive information should not be shared via the Service but during in-person meetings with the professional. By using the Service and/or adding voluntarily information to the Service, Client has accepted the Terms of Service and privacy policy.

5. Privacy Terms

Upon finishing registration to the Service you must set a password. The password must be at leas six digits long and unique to this service. Also do not use this same password in any other service. Another mandatory information is “username” which provides an additional mean of identifying you in messaging in the Service. Voluntary information includes your personal goals and account recovery email address. Your goal is displayed to your professionals and possible group members. Recovery email is used in situations where you are no longer able to access your primary email, for instance when changing employer. Same principles are used in storing recovery email as primary email and no other users will have access to it via the Service. PhysioBit Ltd is using your recovery email only upon your request to solve problems in the Service. You can add a profile picture to your FysiApp® account. Other FysiApp users may be able to see it and you can not personally control the visibility of the picture. 

 PhysioBit Ltd respects your privacy and expects the User to operate in accordance with current laws of European Union, Finland or other applicable country’s patient and personal information handling policies. PhysioBit Ltd is handling the information in the context of FysiApp Service (“handler of personal data, “handler”). The register holder responsible for your information is the Professional of healthcare, wellbeing, sports, or some other expertise, who you have allowed to access your data. This person is shown in your FysiApp application as your trainer or professional. All requests to access and view your personal data or requests for corrections should primarily be addressed to your Professional.

PhysioBit Ltd’s rights to handle information is based on a service agreement with the register holder. For this reason in case of termination of this agreement, all your information, including your user credentials can be removed from the Service by PhysioBit Ltd. The register holder should notify you in case of termination of Service agreement so that you will have a chance to request PhysioBit Ltd to save your account and information or to move those to a new service.

6. Changes, termination and period of validity

Your right to use the Service is valid after registration to the Service. Your right to use the service is valid until further notice. PhysioBit Ltd has the right to terminate your right to use the Service on one month notice. PhysioBit Ltd also reserves the right to terminate Agreement immediately if you have not complied with these Terms of Use an/or if you haven’t used the Service in six months. Also the right to use the Service is dependent upon a commercial service agreement between PhysioBit Ltd and the service provider (partner company). 

These Terms of Use are valid under the validity period of commercial service agreement between PhysioBit Ltd and a partner company providing the Service to you. In case the agreement between PhysioBit Ltd and partner company is terminated for any reason, the Service will no longer be available or provided by the partner company. The partner company is responsible for providing the Service to their clients and can terminate the Service for any reason. In case PhysioBit Ltd notes an infringement of these terms by the user, PhysioBit Ltd has the right to terminate the service to a user immediately.

 PhysioBit Ltd can modify the Service and these Terms by publishing an updated version of the Service and/or Terms without prior notice. We recommend to read the Terms regularly. In case PhysioBit Ltd is making significant changes, which might have considerable larger impacts, PhysioBit Ltd will try to give prior notice of those changes. By continuing the use of the Service you accept the altered Terms of Use.

 If the Service is terminated and your right to use the Service ends for any reason, also these Terms cease to apply, excluding the following chapters of this document.
2 (”Right to use the Service”),
6 (”Changes, termination and period of validity”),
7 (”Disclaimer”),
8 (”Fees”),
and 8 (”Miscellaneous”) which will remain in effect also after ending use of the Service and ending the validity period of the Terms of Use.

7. Disclaimer

The Service provided “AS IS”. PhysioBit Ltd does not guarantee error free or non-interrupted operation of the Service and is therefore not responsible for interruptions or possible errors in the service. PhysioBit Ltd is not responsible for the content of the Service in any way, such as proficiency, exactness, extent or credibility. PhysioBit Ltd is not responsible for forums, messaging or message boards content or it’s validity. PhysioBit Ltd is not responsible for third party (partner company or other) provided service execution, content, or results. You acknowledge and recognize that you are using the Service and making all the decisions regarding it’s use and your actions at your own discretion and responsibility. Using all features of the Service is at your own risk. You are adding and updating information of yourself and your clients, sending and receiving messages to your clients or groups at your own responsibility and PhysioBit Ltd is not responsible if in case of hacking or any other reason, the information you have added to the service will get to third parties.

 PhysioBit Ltd does not guarantee that the Service is free from errors and deficiencies or that it is always available or that the contents of the Service are free from errors or reliable. PhysioBit Ltd does not guarantee any results or quality of the use the Service.

You must take account that the information and recommendations of the Service cannot replace in-person services given by health care professionals or medical professionals. PhysioBit Ltd is not responsible for any health or other problems that could occur as a result of using the Service, including exercise recommendations, exercises, tasks, measurements or other information (including, without limitations, sickness, injury and death). We recommend your clients to consult physician prior to starting exercise, or if you are unsure of your client’s health status. 

PhysioBit Ldt specifically excludes itself in the maximum extent of applicable laws from all direct and indirect damages that are associated with the Service. These include, for example, guarantee of ownership, inviolability, correctness and suitability for a specific purpose. By using the Service you specifically agree that PhysioBit Ltd is not responsible of any of the things mentioned above. 

PhysioBit Ltd is in no case responsible for any direct, indirect or random damages that are caused by the Service and/or use of the Service or not using the Service, including for example loss of data or information. If you are not satisfied of the Service or these Terms and/or Agreement, your exclusive mean is to end the use of the Service. 

8. Fees

You contract to compensate PhysioBit Ltd all of those losses and/or damages which are caused to PhysioBit Ltd either directly or indirectly, and/or by a claim, law suit, complaint or action which are related to following: (i) your infringement of these Terms and/or Agreement and (ii) your use of the Service. In these cases PhysioBit Ltd will inform you about the occurrence in writing. 

9. Miscellaneous

The Whole agreement and it’s parts. These Terms of Use are in effect after you have approved the Terms of Use during registration. This Agreement does not limit the rights you might have at your country of residence under compelling legislation.

 If any of the terms in this Agreement are seen insufficient for execution for any reason, the term can be changed by PhysioBit Ltd only to the extent to make it executable and without affecting other terms in this Agreement.

Handing over. PhysioBit Ltd can hand over these Terms, approval of the Terms and the Service rights as hole or partially to its parent or sister company in case of business merge or to third parties in case of acquisition. These items include also handing over partnership agreement.  

Lawfulness. You must use the Service in accordance with all applicable laws, secondary laws, directives and other regulations including export laws and directives and laws and directives which have put in place to protect personal information security and/or identification data.  

Applied Law. Finnish law is being applied to this Agreement and use of the Service, excluding law selection options. The arguments regarding this Agreement or use of the Service will be handled in law and jurisdiction of Finland. 

9. Contact information

If you have any questions or comments regarding these Terms of Use, Agreement, or the Service, contact us: info@fysiapp.fi 

Updated 23 JAN 2021