FYSIAPP Terms of Use, Agreement

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)     

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 as a whole, you agree to these Terms of Use fully.

 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.

By accepting these Terms of Use you confirm to be 18 years or above professional of health care and/or wellbeing. Health care and wellbeing in this context means any professional gone through wellbeing- social, -exercise, sports- or health care training and working in this field. If you are uncertain if your background is applicable to the use of the Service, contact PhysioBit Ltd. 

The end user (Client) can only be a non-underage adult. If the Client is underage in their country of residence, as a Service provider you are responsible that the Client’s parents have approved the use of the Service according to the Terms of Use of the FysiApp® mobile and/or web application(s). The use of the Service must then happen in supervision of the guardian of the minor. 

By using the Service you accept to these Terms of Use and adhere to comply with the guidance.

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 as a part of your business and service selection. PhysioBit Ltd owns all the rights to the Service and it’s contents (I.E. the contents of the exercise library), materials, logos, icons, trademarks, and competition sensitive business information, excluding third party materials. You have no right to copy, save, or deliver the contents of the Service to other than to the use of your Client(s) in their FysiApp applications or as a printout. 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 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. 

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. PhysioBit Ltd has the right to change your credentials to solve problem situations. 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 has 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 by a suspicions 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 conjuntion 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 and the personal information you add of your clients reside on third party servers. Information of your clients (I.E. exercises, assignements, messages, usernames, goals and measuremet data) reside on there 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 occurances 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. 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

These Terms (terms of use and service) form the contract (“Agreement”) between you (“License Holder”, “User”) ja PhysioBit Ltd and those cab be altered only as stated in this Agreement. The Agreement is valid immediately after registering to the Service. PhysioBit Ltd has the right to terminte this Agreement by one (1) month notice. This Agreement validity is open-ended, with one month termination notice or until License Holder or PhysioBit Ltd terminates the agreement. Invoices sent prior to termination will remain valid and already paid license fees will not be returned. Termination of the service license must be done in written to email address: info@fysiapp.fi. The termination notification must include License Holder name and the number of user accounts in the order. 

PhysioBit Ltd also reserves the right to terminate Agreement immediately if you have not complied with these Terms of Use an/or if you or the company you are representing has not made the payments of the Service as required or if you have not used the Service within 12 months. In case PhysioBit Ltd notices the partner company you are representing is violating these Terms of Use or the Agreement, PhysioBit Ltd has the right to terminate providing the Service to it’s partner company including it’s employees and possible contractors immediately. In this case the right to use the Service is terminated also from the end users (clients) of this company.  

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. 

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 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 and Agreement. 

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
13 (“Others”)
which will remain in effect also after ending use of the Service and ending the validity period of the Terms of Use.

11. 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. 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. 

12. Compensations

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. 

13. Miscellaneous

Whole agreement and it’s parts. These Terms of Use and Terms of Order form the whole Agreement between you and PhysioBit Ltd and those can be changed only in accordance with these Terms (“Agreement”). 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 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

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

Updated 4th JAN 2021