Terms of Use

WELCOME TO FIIZIO!

PLEASE READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE OR USING OUR APPS.

These Terms of Use are a legal agreement (“Terms” or “Agreement”) between You and FiizioSoft, Inc. (“FiizioSoft” or “We” or “Us”), and govern Your use of our Sites as defined below and all associated information, including software, text, data, graphics, photographs, media, charts, profiles, advice, messages and more (all of which shall be referred to herein as “Information”) that we may make available to You, as a Visitor or a User, as well as any services (“Services”) that may provided through any of our websites www.fiizio.com and www.fiiziosoft.com, our web and mobile applications called Fiizio (hereinafter: “Fiizio”, “Fiizio App”, “Fiizio Mobile App”, “Fiizio Web App” and/or “App(s)”, and together the “Sites”) , available on the cloud, the iTunes App Store, Android Play Store and related websites, marketplaces and hosted services enabled via the Apps.

USING OR ACCESSING OUR SITES INDICATES THAT (I) YOU HAVE BOTH READ, UNDERSTAND AND ACCEPT THESE TERMS, (II) YOU ARE OF LEGAL AGE TO FORM A BINDING AGREEMENT WITH FIIZIOSOFT, AND (3) YOU HAVE THE AUTHORITY TO ENTER THE AGREEMENT PERSONALLY OR ON BEHALF OF THE ENTITY YOU HAVE NAMED AS THE USER. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU ACCESS THE SITES OR WHEN REGISTERED FOR THE SERVICES.

YOU CANNOT ACCESS, BROWSE OR USE OUR SITES IF YOU DO NOT ACCEPT ANY OF THE PROVISION OF THESE TERMS AND MUST LEAVE THE WEBSITE.

PLEASE NOTE THAT THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER AND JURY TRIAL WAIVER, AND REQUIRE BINDING ARBITRATION ON AN INVIDTUAL BASIS, WHICH AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH FIIZIOSOFT.

DESCRIPTION OF FIIZIO

The Fiizio platform combine both web and mobile applications (“App(s)“) that allow healthcare professionals and wellness practitioners to interact with their patients or clients, including prescribing physical exercises, send information, track exercise program progress and more. You understand and agree that the Apps are provided “AS-IS” and that FiizioSoft assumes no responsibility for the use of the Apps.

GENERAL USE

We invite You to use our Sites and Services for the purposes permitted. Any such use is through the grant of a limited, personal, non-exclusive and non-transferable license to use our Sites, which is also subject to Your compliance with these Terms. You have no other rights in our Sites or any Information and You may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Sites or Information in any manner. Any breach any of these Terms will terminate the license automatically and You must immediately destroy any downloaded or printed Information (and any copies thereof).

You understand that you are entirely responsible for all information or other content that you upload, post, email, or otherwise transmit, whether publicly posted or privately transmitted. You agree not to post or upload anything to our Sites or App Store page that is inaccurate, false or misleading, obscene, abusive or indecent, or that infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of any party. You also agree to not harass, threaten or stalk another participant, including the use of expressions of bigotry, racism, hatred, or profanity; and to not use the App to conduct any illegal activity or any activity that violates the rights of others, provides instructional information about illegal activities, or promotes harm to anyone.

You are also free to stop using the App at any time.

REQUIRED REGISTRATION FOR ACCESSING RESTRICTED SECTIONS OF OUR SITES.

We appreciate You visiting our Sites. In order to access certain password-restricted areas of our Sites and to use certain Services and Information offered on and through our Sites, You must successfully sign up to register an account with Us and fill the required information.

Once You submit the required registration information, We alone will determine whether or not to approve Your proposed account. For so long as You use the account, You agree to provide true, accurate, current, and complete information which can be accomplished by logging into Your account and making relevant changes directly or contacting Us using the below contact information and We can make the changes for You. You are responsible for complying with these Terms when You access our Sites, whether directly or through any account that You may setup through or on this Website. Because it is Your account, it is Your job to obtain and maintain all equipment and services needed for access to and use of our Sites as well as paying related charges. It is also Your responsibility to maintain the confidentiality of Your password(s). Should You believe Your password or security for our Sites has been breached in any way, You must immediately notify Us.

There is a password reset procedure in case You forget Your password, but please notify us of any breach of security. We highly recommend to choose a strong password and You log out from Your account at the end of every session. It is a condition of Your use that all the information You provide on the Apps is correct, current and complete. From time to time we may ask you to provide certain registration details or other information. As custom for our type of Services, We reserve the right to disable any user account, at any time in our sole discretion for any or no reason, including, if in our opinion You have failed to comply with any provision of these Terms.

CHANGES AND LIMITS TO SERVICE

FiizioSoft is constantly developing its Apps to improve user experience, product capabilities and features and Service, and therefore You acknowledge and agree that the Apps and underlying Information within the App provided by Us may change from time to time without prior notice to You. You may stop using the App at any time. By using the Apps, You acknowledge that FiizioSoft does not control in any manner the type, form, quality, or accuracy of user-provided content. Subject to FiizioSoft’s sole discretion, we may notify You about changes or when updating the Apps (including when You update the mobile App on the relevant App Store).

FiizioSoft has the sole discretion to modify any Information and Service and/or choose to modify, suspend or discontinue our Sites at any time and without notifying You. You agree that the FiizioSoft has no responsibility or liability for any deletion or failure to store any data or other content created, maintained or transmitted by the Apps.

We also reserve the right to change, update, add or remove provisions (collectively, “modifications”) of these Terms at anytime, and without notifying You, by posting the modifications on this Site. We encourage You to review this Terms periodically for any updates or changes. However, We reserve the right to choose to provide notices of changes to the Terms or other matters by displaying notices or links to notices to You generally on any of the Sites.

If You object to any such modifications, Your sole recourse shall be to cease using our Sites and Services. Continued use of our Sites following the posting date of the modifications indicates You acknowledge and agree to be bound by the modifications.

PRICING & SUBSCRIPTION; CANCELLATION OF SUBSCRIPTION

FiizioSoft reserves the right to change its pricing model or update its pricing terms and conditions, at any time without prior notice. If it does so, the updated pricing and associated terms and conditions shall be effective as per FiizioSoft’ sole discretion. If you object to the pricing in effect, you have the right to stop using the Apps and Sites.

Upon cancellation of Your subscription, You will not be entitled to a partial or pro-rated refund for the remainder of the subscription period.

Upon cancellation of Your subscription, We are not obligated to maintain, store or keep the data in your account, and have the full right to delete it from our databases and servers. In addition, upon cancellation of Your subscription, our Apps do not provide the ability to export and/or transfer Your work products and data, including programs and media, available in your Fiizio account.

ACCESSING THE SITES

FiizioSoft makes continued efforts for improving the Apps, but we can’t guarantee that the Apps will be up and running 24/7. We also reserve the right to suspend or restrict access to some features to users. In any case, We will not be liable if — for any reason — all or any part of the Apps or websites is unavailable at any time or for any period, nor for any data loss. You must treat such information as confidential, not disclosing it to any third party.

PRIVACY POLICY

We respect the information that You provide to Us, and want to be sure You fully understand exactly how We use that information. So, please review our Privacy Policy page; By accepting these Terms of Use You also accept our Privacy Policy.

Nevertheless, we would like to emphasize that when using the Apps, You should understand that anyone can access Your data in the App if Your smartphone or electronic device is outside of Your immediate control. As such, we urge You to recognize and fulfill Your responsibility to protect the privacy of Your data by keeping Your smartphone and electronic devices secure at all times and utilize the access control features integrated in the App. Should You believe Your password or security for our Sites has been breached in any way, You must immediately notify Us.

INTELLECTUAL PROPERTY

FiizioSoft, Fiizo logos, and related product and service names are trademarks of FiizioSoft. Nothing in this Agreement gives you a right to use or display any of our trademarks in any manner. Unless otherwise specified in these Terms, all Information, software, design and graphic interface, on our Sites are our sole property, Copyright © 2015 FiizioSoft, Inc. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

FiizioSoft respects intellectual property rights of others, and encourages You to do the same. Our Apps and the content provided through our Services are the property of FiizioSoft, our licensors and contributors and protected by intellectual property rights. You do not have a right to use our Sites, Apps, Services and/or Information in any manner not covered by the Agreement and You may not remove or alter any copyright, trademark or other intellectual property notices contained in or provided through the Apps. Furthermore, You must not infringe any third party’s intellectual property rights in using our Sites. Accordingly, We have a policy of removing user submissions that violate intellectual property rights of others, suspending access to our Sites (or any portion thereof) to any user who uses them in violation of someone else intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses our Sites in violation of someone’s intellectual property rights.

NO PROFESSIONAL HEALTH OR MEDICAL ADVICE SHALL BE DEEMED PROVIDED BY US.

Any Information published by FiizioSoft and/or accessed through the Apps is for informational and educational use only. It is not a substitute or alternative for professional medical advice, recommendation or treatment. It is not intended to be used to diagnose, cure, treat, or prevent any condition or disease. FiizioSoft does not recommend or endorse any specific medical protocol or procedure, course of action, certain physical exercises, tests, resources, healthcare professionals, wellness practitioners, products, medications, opinions, or other information that may be mentioned in relation to its Sites, or as reviewed by user on the worldwide web, the App stores, social media sites or elsewhere. Any reliance on and or use of any Information provided by FiizioSoft or by other users on or through any of its Sites is solely at Your own risk.

Fiizio can be used as tool for healthcare professional and wellness practitioners for tailoring a program of exercises specifically for the client. Because of this, Fiizio does not endorse the exercises, information or any programs that are delivered to end users, nor does Fiizio accept any responsibility for injuries that may arise from the information provided using the App.

In using the Fiizio App system to facilitate communication you, healthcare professional and/or wellness practitioners, remain fully responsible for the content appropriateness and client safety at all times. You, whether the end user client or the healthcare professional and/or wellness practitioners also agree not to hold Fiizio liable in any way whatsoever for any injury, loss or damage that a client may suffer by using the Apps and, to the full extent permitted by law, you fully release and indemnify Fiizio for any injury, loss or damage arising out of your use of this system.

DISCLAIMER OF WARRANTIES

OUR SITES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITES IS WITH YOU. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO OUR SITES, WHICH INCLUDES BUT ARE NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THIS MEANS THAT WE DO NOT PROMISE YOU THAT OUR SITES ARE FREE OF PROBLEMS.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY THAT OUR SITES WILL MEET YOUR REQUIREMENTS OR THAT THESE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE SITES WILL BE CORRECTED. WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM OUR SITES, FIIZIOSOFT AND ITS SUBSIDIARIES/OTHER AFFILIATED COMPANIES SHALL CREATE ANY WARRANTY. WE DISCLAIM ALL EQUITABLE INDEMNITIES.

LIMITATION OF LIABILITY.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FIIZIOSOFT, INC., ITS PARTNERS, CONTRIBUTORS, AGENTS, EMPLOYEES, OFFICERS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SITES AND APPS; (b) YOUR FAILURE TO KEEP YOUR DATA SECURE AND CONFIDENTIAL, (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA (d) ANY ACTION YOU TAKE BASED ON THE CONCLUSIONS YOU DRAW BY USING THE APPS; OR (e) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE.

INDEMNIFICATION

You agree to indemnify FiizioSoft, subsidiaries, partners, affiliates, officers, employees and agents, and hold them harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, Your violation of this Agreement.

LOCAL LAWS; EXPORT CONTROL

We control and operate our Sites from our headquarters in the USA and the entirety of our Sites may not be appropriate or available for use in other locations. If You use any of our Sites outside the USA, You are solely responsible for following applicable local laws.

MANDATORY ARBITRATION; EXCEPTIONS TO MANDATORY ARBITRATION, WAIVER OF CLASS ACTION RIGHTS; LIMITATIONSPERIOD; VENUE AND CHOICE OF LAW

You and Us agree that any dispute, claim or controversy arising out of or relating in any way to the Fiizio Services or Your use thereof, including our Terms, shall be determined by mandatory binding arbitration. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that You and FiizioSoft are each waiving the right to a trial by jury and the right to participate in a class or multi-party action. This arbitration provision shall survive termination of this Agreement and the termination of Your account, entitlement to Services or use of our Apps, whether free or paid. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the “AAA Rules“), as modified by these Terms, and as administered by the AAA. You and Us also agree that (a) any claims seeking to enforce, protect, or determine the validity or ownership of any intellectual property rights, and (b) any claims related to allegations of theft, piracy or unauthorized use of our Sites, Apps and Service are NOT subject to mandatory arbitration. Instead, You agree that the preceding claims (including but not limited to claims for injunctive or equitable relief) shall be exclusively decided by Courts of competent jurisdiction in Santa Clara County, California, and that applicable California and/or Federal law shall govern, without regarding to choice of law principals.

YOU AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING. Further, the arbitrator shall not consolidate any other person’s claims with Your claims, and may not otherwise preside over any form of a multi-party or class proceeding. If this specific provision is found to be unenforceable in any way, then the entirety of this arbitration section shall be null and void. The arbitrator may not award declaratory or injunctive relief.

Any arbitration must be commenced by filing a demand for arbitration with the AAA within ONE (1) YEAR after the date each party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitations period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. Your arbitration fees and Your share of arbitrator compensation will be limited to those fees set forth in the AAA’s Consumer Rules. You agree that the Terms involves interstate commerce and is subject to the Federal Arbitration Act. You further agree that applicable laws of the State of California shall exclusively govern any dispute without regard to choice or conflicts of law rules. The sole and exclusive venue for the resolution of any dispute, whether or not subject to mandatory arbitration as described above, shall lie in California.

NO WAIVER

Our failure at any time to require performance by You of any provision of these Terms shall in no way affect our right to enforce such provision, nor shall the waiver of any breach by You of any provision herein constitute a waiver of any succeeding breach or the provision itself.

ELECTRONIC CONTRACTING

Your use of our Apps and Services includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that Your electronic submissions constitute Your consent and intent to be bound by such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on the services, including notices of cancellation, policies, contracts, and applications.

TERM AND TERMINATION

The Terms shall become effective in relation to You and/or Your organization when You visit www.fiizio.com, signup to create an account, download the Apps from the App stores, or when You start using the Apps and will remain effective until terminated by You or FiizioSoft. We reserve the right to terminate this Agreement or suspend Your account at any time in case of unauthorized, or suspected unauthorized use of our Apps or for any other reason. If we choose to terminate this Agreement, or suspends Your account(s) for any of the reason, FiizioSoft shall have no liability or responsibility to You.

NOTICES

Any notice from You to us, questions, feedback, comments or report of security breach or violation of the Terms, shall be sent by You to FiizioSoft, Inc.

MISCELLANEOUS LEGAL TERMS

The Terms constitutes the entire Agreement between You and FiizioSoft and governs Your use of the Sites and supersedes any prior agreements between FiizioSoft and You. Any additional or different terms or conditions in relation to the subject matter of the Terms in any written or oral communication between You and FiizioSoft are void. You agree and accept that You have not accepted the Terms in reliance of or to any oral or written representations made by FiizioSoft not contained in the Terms.

However, in the event you have entered into a specific written and executed User Agreement with FiizioSoft for our Services, using the Sites, it shall supplement and explicitly amend this Agreement.

FiizioSoft may assign this Agreement at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer this Agreement.

If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.

CONTACT US

If You have any questions about these Terms or otherwise need to contact us for any reason, you can reach us by mail at [email protected].