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.
Finnish (FI) - English (EN)
The Service includes a web application (FysiApp® -Web) and a mobile application (FysiApp® -Focus) for healthcare, wellbeing and other professional’s use (”User”). With these applications the User can manage their client’s (”Client”) FysiApp® mobile and/or web application’s contents. Content which User can allocate to their Client(s) includes I.E. personal training programs, exercises, comments, assignments, measurement request and messages. FysiApp® applications also include possibility for real time video meetings between User and the Client(s). The Client can also respond to content assigned by the User via the use of FysiApp® applications.
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.
You can not copy, modify or make derivatives of the Service, or to extract the source code 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 has 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.
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.
- 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
5. Terms regarding providing healthcare remote services
FysiApp® Service supports providing health care remote services. Remote services mean for instance that monitoring patient condition, treatment decisions and/or recommendations are based on, for example consultation via video meeting online or data and documents shared through a smart phone. PhysioBit Ltd reminds users of the Service that they are responsible for complying with the legistlation and directives regarding remote health care services and the national regulations, if applicable. The user of the Service must prior to use of the Service with their Clients to make sure that I.E:
- Client has given a conscious approval to use remote services
- User has to carefully assess if the intended service can be executed as a remote service
- Adequate and required documentation and patient information has to be recorded in accordance with applicable laws and regulations
- Use of health care remote services must be taken account in company self monitoring plan
When using health care remote services, identification of a client must be based on a trustworthy method such as in person meeting and personally checking identification, or using strong electronic identification. The use of PhysioBit Ltd FysiApp® service is based on verifying client identification personally prior to use of the Service. The User must identify client in-person with identification document prior starting to use FysiApp® Service. After initial identification check, secure client log in to the Service is based on a two stage log in process.
More information on health care remote services in Finland can be read at: https://www.valvira.fi/terveydenhuolto/yksityisen_terveydenhuollon_luvat/potilaille-annettavat-terveydenhuollon-etapalvelut
6. Privacy Terms
PhysioBit Ltd respects Your and Your Client’s 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. As the customer of PhysioBit Ltd you are considered to be the register holder as defined in the European Union privacy act and you are responsible for those information of your employees, clients and other personnel whose data PhysioBit Ltd is handling within the Service for it to function. As the register holder you are responsible for client personal information and the lawful handling of the data in accordance with applicable privacy laws. Register holder is responsible for all required actions and acquiring all data, rights, approvals and authorizations that are required for PhysioBit Ltd (“handler of personal data, “handler”) to provide the Service in accordance with chapter 6 Privacy Terms, without breaking any laws or exploiting third part rights. The Handler of personal data will give assistance by request and with commercially acceptable terms to Register holder to operate under applicable Rights and to fulfill the requirements of Privacy laws.
Client’s Personal Information, rights and details of handling personal information and other necessary items are defined in the Privacy Policies: PhysioBit Ltd client company -register and/or FysiApp mobile users -register. The Privacy Policies are available on internet site: www.fysiapp.fi/EN
Be aware that your client has the right to request to see and to request corrections to be made to information of the client residing in the Professional’s FysiApp® Service. This information is client Personal Information and description. The client has also right to have their data removed. By the request of a client and/or a Professional PhysioBit Ltd will delete client Personal Information, unless the information are set to be saved by legislation. If you wish to end the use of the Service, you can delete your account and remove your user account from the Service and notify your clients of terminating services. In this case PhysioBit Ltd will remove your information from the Service after six (6) months has expired.
The Handler of Personal Information is responsible for handling personal information for a Register Holder in accordance with applicable legislation and items in chapter 6 of this document as necessary to provide the Service. Personal information of clients will be handled in accordance with Register Holder instructions. Register Holder confirms that instructions are comprehensively laid out in this chapter 6 Privacy Terms at the moment of accepting this contract. If a Register Holder will later give more requirements to the Handler of client personal information of handling client personal information the Handler has the right to charge additional costs for the work to meet the requirements. If the Register Holder is not able to fulfil the requirements, it will inform Register Holder as soon as possible and the parties will together try to solve the issue in a practical manner. If the issue(s) can not be solved within one (1) month, both parties have the right to end this agreement at the end of contract period.
PhysioBit Ltd is not restricted by the preceding paragraphs to use the right to use the information created by handling client personal information in the Service to enhance and develop it’s services and methods, to analyze and assess and to use the information for statistical purposes. For these purposes, client personal information will be anonymized as much as necessary to comply with the information policies concerning PhysioBit Ltd. The Register Holder may also give a written permission to PhysioBit Ltd to have more rights to use personal information. All parties acknowledge that this handling of personal information may cause more responsibilities for Register Holder and PhysioBit Ltd, such as the responsibility to inform the persons whose information is concerned of additional use of information.
The Handler of Personal Information will keep client Personal information confidential and make sure that the personnel involved in handling the personal information have committed to confidentiality or a legislative obligation to confidentiality applies.
Handler will inform Register Holder of misuse concerning client personal information as soon as possible and latest in 48 hours after detecting such action, if possible. Handler of personal information will give Register Holder the information available that are necessary to fulfil the requirements of Register Holder informing responsibility. Handler of personal information will strive to it’s best abilities to fix and limit the effects of the information misuse.
Handler can use contractors or sub-contractors (“Contractor” or “Sub-contractor”) in the information management defined in this contract. The Handler of personal information will inform Register Holder prior to use of Contractor(s) or Sub-contractor(s). Register Holder has the right to object the planned change in writing within two (2) weeks after providing information of change, based on applicable reasoning regarding information security. In this case the Handler of personal information will continue working according to this agreement until (i) The parties have agreed to end handling of the issue and returning client personal information to Register Holder or transferring those to a new service provider, or (ii) the parties have agreed on how to continue handling the issues and the costs involved.
Register Holder will accept Handler to give client personal information to be handled and available to implement the items in chapter 6. of this document and to provide services to those data sub-handlers which reside outside Register Holder country of residence. If client Personal Information if being transferred outside European Union of European Economic Area, Handler of Personal Information will execute applicable protective measures for Register Holder to safeguard rights and freedom of action per applicable information protection legislation requirements. Handler of Personal Information can, for example, make a contract on behalf of Register Holder with a sub-handler residing outside European Union or European Economic Area using standard expressions of EU Commission approved information policies to allow handling of Personal Information. To clarify, Handler of Personal Information has right to use sub-handlers in handling client Personal Information according to Privacy Policies of PhysioBit Ltd client company and/or FysiApp@ mobile users.
The information residing in third party servers and/or services includes the information transferred between a client using the Service and the Register Holder providing the service. These are information which client and Register Holder themselves choose to be transferred. You must define and agree individually with your clients using the service(s) of which information they agree to be handled in the Service. Although work according to principles of using your and your client’s information as described in this document to safe and firewall protected servers and/or services, no service is fully secure and therefore we cannot guarantee you or your client’s information to be protected in all cases. For this reason the Service is not designed to be used with the most sensitive private information between a client and Register Holder, and we suggest to handle this information in-person during appointments or meetings. As a Professional you must inform your client of these terms.
7. Purchase and establishment of contract
When subscribing to FysiApp® service you accept this Agreement, the price and pricing of the Service and you are obligated to pay this price to PhysioBit Ltd. The price is determined on the order page per subscriber selections.
After confirming the order an invoice of the Service License and the rights to use FysiApp® applications will be sent to email address provided in the order page. When agreed otherwise, PhysioBit Ltd can send an invoice by other means or charge for the service in other means. PhysioBit td reserves the right to charge extra fee for invoices other than email.
The service license is as default being invoiced once per month unless otherwise agreed with the License holder. This means that the Service License billing period (“Billing Period) is one (1) month. PhysioBit Ltd reserves the right not to send invoices under 10 euros. The months when total amount is less than 10 euros, will be charged on following months.
8. Pricing and payment
The amount of active clients using the Service affects the license fee. A client is considered active unless a Professional has inactivated the client. Messaging, notifications, monitoring, planning content and other functions are not available on client that has been inactivated. All newly added clients are active clients by default. Active and inactive clients are shown, and their status can be changes on FysiApp® WEB clients -page.
The License Holder may change the number of their clients and therefore change the total price within a Billing Period. Number of clients and subscription type, hence the price can be altered between the order and contract by the License Holder. Be changing number of active clients the License Holder accepts new license total price which will be effective immediately and is in use until the end of contract period or until a new price has been set. Already paid invoices or sent invoices are not returned or re-imbursed.
The agreement period is chosen when placing the order by the purchaser. PhysioBit Ltd will maintain right to change pricing during Billing Period. All changes affecting the pricing will be informed to License Holder. If the License Holder will not accept the changes, they have the right to terminate the license subscription. License Holder is assumed to accept the changes if the License Holder is continuing the use of FysiApp® Service after being informed about the changes.
The License Holder is obligated to pay FysiApp® Service invoices by the due date. PhysioBit Ltd will apply interest rate of 15 % per annum to payments after the due date.
PhysioBit Ltd will apply 8 € (euros) + VAT extra fee per each payment notification.
PhysioBit Ltd can transfer unpaid invoices to third party process without informing the client. PhysioBit Ltd may also terminate this agreement due to unpaid invoices and prevent the use of FysiApp® Service. The License Holder is obligated to inform PhysioBit Ltd immediately if the License Holder is exceptionally or temporarily excessive problems in making the payments on time.
The License Holder must give PhysioBit Ltd the required FysiApp® Service license fee billing information. The License Holder is required to notify PhysioBit Ltd as soon as possible if the billing information will change or has changed.
FysiApp® license fees must be paid using the reference number and one of the bank accounts laid out in the invoice. Payments using erroneous reference number will be applied to next invoices only if this procedure has been agreed up on in advance. PhysioBit Ltd has no responsibility to apply erroneously made payments to newx invoices and instead the payment will be returned. If an invoice is being paid using a wrong reference number and License Holder does not inform PhysioBit Ltd at latest at the time of first payment notification and help solve the occurrence, PhysioBit Ltd is eligible to apply additional 80 € (euros) fee for handling the issue plus other resulting expenses, if applicable.
9. Confidential information and confidentiality obligation
The parties will adhere to maintain confidentiality on the confidential information, and those that could be considered as one, given by the other parties and to not use those to any other purposes than the purposes of this Agreement. Confidential information is defined to include especially information regarding business ideas, product development, business models, financial status, training, segmenting, customers and business partnerships.
Confidential information does not include the following information and is therefore not under confidentiality obligations:
1. Information which is publicly available;
2. Information which an agreement party has received from a third party without confidentiality obligation
3. Material or information which was in possession of a party without confidentiality obligation prior to this Agreement
4. Material or information which either party has independently produced, outside the co-operation through this Agreement, and without using material or information given by the other party.
10. License termination, changes, ending and period of validity
If license agreement is terminated, License Holder must terminate use of FysiApp® applications and remove it permanently from devices where the License Holder has installed those and to destroy all copies and documents of FysiApp® which are in possession of the License Holder.
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 (“Rights to use the Service”)
4 (“Third party content and servers”)
6 (“Privacy Terms”)
9 (“Confidentiality and confidentiality obligation”)
11 (“Freedom of responsibility disclaimer”)
12 (“Fees”) and
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. 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. When using the Service you must also take account the privacy of the client (person) receiving messages with respect to personal information, patient information and private information per Personal Data Act. PhysioBit Ltd has therefore no responsibilities regarding above-mentioned.
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.
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 occurance in written.
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 it’s 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.
14. Contact information
Updated 4th JAN 2021