What is Physiotools® software?
What is the purpose of Physiotools software?
The Software can be used for the following purposes:
- Creating personalised exercise programs for clients using the Physiotools content library or such content uploaded by the user into the Physiotools content library.
- Delivering personalised exercises programs in any of the following formats (combinations possible):
-Mobile Client App
-Following up on training adherence based on client-reported information from the mobile client app.
Any use outside of the above-mentioned purposes is not authorised.
For example, unless specifically authorized by Physiotools in writing, it is not permitted to:
- Provide access to or give the Software or any part of it to any third party,
- Reproduce, duplicate, copy, deconstruct, reverse-engineer, sell, trade, or resell the Software or any of its parts of content,
- Permit any third party to benefit from the use of or functionality of the Software via a rental, lease, timesharing, service bureau, hosting service, or other arrangement,
- Upload, host, use or access the Software via a timesharing, service bureau, virtualization, application hosting or other remote access management, and
- Use the Physiotools exercise content in paper or electronic brochures, in any other software or as part of website patient education content.
Limitation of liability
Physiotools or its licensors or suppliers accept no liability for injury, loss, cost, or damage caused to any of your clients/patients or any other person by the Software or the content or information and/or exercises obtained through the use of the Software or its content. It is your sole responsibility to ensure that advice, information, workout and/or exercises provided to your client/patient using the software and its content or the use of the software and its content in connection with the treatment of or advice to any particular client/patient or group of clients/patients in each individual case is appropriate.
Further, Physiotools or its licensors or suppliers will have no liability arising out of or related to the use of the Software for any loss of use, lost or inaccurate data, lost profits, failure of security mechanisms, interruption of business, costs of delay or any indirect, special, incidental, reliance, or consequential damages of any kind, even if informed of the possibility of such damages in advance.
In any case, the total liability has been limited to the amount corresponding to the amount of fees (excluding the value added tax) actually paid to Physiotools during the preceding month of the occurrence of the damage.
Your use of the Software and its content is entirely at your own risk. The Software is provided “as is” without any guarantees, commitments, or preconditions.
Physiotools and its licensors and suppliers explicitly waive all explicit and indirect warranties, commitments, or conditions, including indirect warranties related to salability, integrity or applicability for any specific purpose but not limited to these. Physiotools does not guarantee or offer a warranty for (a) the functions covered by the Software matching your requirements or being updated, (b) the Software operating correctly or without any errors or the errors being fixed, (c) the Software not damaging other software, equipment or data, (d) any software, web services (including internet) or products (other than software) on which the operations of the Software depends on remaining available, uninterrupted and unchanged, or (e) the correctness, accuracy, reliability of use or other such things relating to the use of Software or the results of the use of the Software.
Intellectual property rights
Physiotools and/or Physiotools’s licensors retain ownership of the Software, Physiotools Trainer and their content and reserve all rights.
Physiotools processes personal data in accordance with the applicable data protection legislation.
Term and termination
The licence term is twelve (12) months and the licence agreement is automatically renewed for another term unless either party gives at least one (1) month prior written cancellation notice to the other party.
After termination, the licence holder must delete all Physiotools related data from all computers and is not allowed to continue using any material created with or related to Physiotools.
The Software is a service provided by Physiotools Ltd, Kehräsaari B, 33200 Tampere, Finland. Any queries can be directed at firstname.lastname@example.org
2. Information about our business
www.physiotools.com is a site operated by Physiotools Oy which is registered in Finland under company number 301.642 and has its registered office at Viinikankatu 1 C, FIN-33100 Tampere, FINLAND.
Our VAT number is FI04910749
3. Accessing our site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
When using our site, you must comply with the provisions of these Terms.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your systems are aware of these terms, and that they comply with them.
4. Prohibited uses
You may use our site for lawful purposes only. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation;
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
You also agree not to access without authority, interfere with, damage, attack or disrupt any part of our site; any equipment or network on which our site is stored or any software used in the provision of our site.
By breaching this provision, you would commit a criminal offence under the The Act on the Protection of Privacy in Electronic Communications (516/2004) (Sähköisen viestinnän tietosuojalaki). We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by attacks, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any site linked to it.
5. Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal, non-commercial use.
You must not modify the paper or digital copies of any materials you have acquired from our site. Trade marks, copy rights or any other proprietary notices must always remain intact. You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the author(s) of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors. Any unauthorised downloading, re-transmission or other copying or modification of any of the contents may be in breach of statutory or common law rights which could be the subject of legal action.
If you print off, copy or download any part of our site in breach of these terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
6. Reliance on information posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
7. Site maintenance
We aim to update our site regularly, and may change the content at any time. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
8. Our liability
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any sites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue; loss of business; or for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
9. Information about you and your visits to our site
10. Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any site that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The site from which you are linking must comply in all respects with the content standards set out in these terms.
If you wish to make any use of material on our site other than that set out above, please address your request to email@example.com.
11. Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
12. Jurisdiction and applicable law
The Finnish courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms are governed by Finnish and European law.
Our terms may change from time to time. This site will always contain our current terms. Please check this site for changes, as they are legally binding on you.
The last updating of these terms took place in April 2018.
14. Contact us
If you have any concerns about material which appears on our site, please contact us at firstname.lastname@example.org.
Thank you for visiting our site.