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Fiizio Digital Products/Mobile App Access Subscription – Terms of Service
Last updated: September 15th, 2019
This is an agreement between You, a practice that has a Fiizio Account and a subscribed User(s) of Fiizio, and FiizioSoft, Inc. (“FiizioSoft”, “We” or “Us”) regarding the Fiizio Digital Product Platform, which is part of the Fiizio platform, offered and operated by FiizioSoft (the “Service”).
These Terms of Service, the rules, policies and guidance we provide regarding the Service, are in addition to the Fiiziosoft Terms of Use and the FiizioSoft Privacy Policy (all as they may be changed and updated from time to time). These Terms of Service will take precedence over any conflicting provisions of the Fiizio Terms of Use, only where specifically related to the Digital Product specified here. Otherwise, FiizioSoft Terms of Use shall prevail.
By activating and using the Digital Product/Mobile App Access Subscription,
You agree to these Terms of Service, for You, Your Practice and Your practice team members.
1. General: Digital Product Service
1.1 Digital Product Service includes digital products designed by Us (as a service for our subscribers/users) or alternatively, digital products that are set up on the platform by Us in accordance with guidance from our users, and can be offered and promoted to users’ clients, for a fee paid by clients, utilizing the Fiizio platform.
1.2 After collection of the fees from users’ clients, We will transfer the Net Proceeds to Your account, as defined below, after deducting Our associated costs to third parties and Our fees, as per these Terms of Service.
1.3 Additional Digital Products may be developed based on feedback and suggestions from our Users, or based on our internal product development, and may be added from time to time to the Fiizio platform, at Our sole discretion.
1.4 No Additional Fiizio Account Subscription Fees for the Service
In order to use Digital Product Service, Fiiziosoft needs to activate such a service as per the request from its users, subject to acceptance of the respected Terms of Service of the specific Digital Product. No additional recurring subscription fees are to be added to Your account for activating the Service.
2. Digital Product: Mobile App Access Subscription
Fiizio enables You the option of upselling to your clients the use of the Fiizio app for an additional fee paid by your clients, since creating a customized program for client use on the app, communicating with your clients and monitoring their progress outside on-site visits requires additional time and efforts.
2.1 Client Free Trial, Fee & Payment
Upon activation of Digital Product/Mobile App Access Subscription, your client will have to purchase a subscription to use the Fiizio mobile app once the initial free trial expires. When a client is added to Your practice on the Fiizio web app, the client will be eligible for a free three-day trial for using the experiencing the Fiizio mobile app (and after the client sets up his Fiizio mobile app). At the end of the free trial, the Fiizio platform will check if the client has an active subscription, and if not, the client shall automatically receive a prompt to purchase a subscription to continue using the app, for a defined term of his choice.
2.2 Payment Options for Client
Depending on Your choice, your client will have an option to purchase a mobile app access subscription as follows:
2.2.1 In app purchase, via the Fiizio app and Google Play or Apple App store – the client will get a prompt on his phone.
2.2.2. Via a third party payment processor, outside the Fiizio app – the client will get an email with a link instructing him how to
purchase the subscription online.
2.3 Current Mobile App Access Subscription Fee; Fiizio Fees; Net Proceeds to You
2.3.1. Your Net Proceeds for every mobile app access subscription purchased by one of your clients is as follows:
| Fees & Net Proceeds if Mobile App Access is Purchased via Google Play/App Store (p/Client) | ||||
|
In-App Purchase Fee |
App Store Fee (30%) | Fiizio Net Fee |
Net Proceeds* |
|
|
One-month subscription |
$10.00 | $3.00 | $3.50 |
$3.50 |
| Three-month subscription |
$25.00 |
$7.50 | $8.75 |
$8.75 |
| Six-month subscription |
$45.00 |
$13.50 | $15.75 | $15.75 |
| Fees & Net Proceeds if Mobile App Access is Purchased via a Fiizio Link (p/Client) | ||||
|
App Fee |
App Store Fee | Fiizio Gross Fee** |
Net Proceeds* |
|
| One-month subscription | $10.00 |
$5.00 |
$5.00 |
|
| Three-month subscription |
$25.00 |
$12.50 |
$12.50 |
|
| Six-month subscription |
$45.00 |
$22.50 |
$22.50 |
|
| * Your Net Proceeds for every mobile app access subscription purchase by a single client of your practice | ||||
| ** Fiiziosoft fee prior to fee payment processors | ||||
| *** Fees are in US$ | ||||
| **** Fees excludes VAT/GST, which will be added as applicable by local law | ||||
2.4. Transfer of Your Net Proceeds to Your Account
2.4.1. As transferring of Your Net Proceeds from upselling mobile app access subscription to your clients utilizing the Fiizio platform incurs additional fees, we shall transfer such Net Proceeds once $250 of Net Proceeds are collected on Your behalf, but not later than end of each fiscal quarter.
3. FiizioSoft’s Right to Change Fees for Digital Products
FiizioSoft has the right, in its sole discretion, to change its Fees from time to time, as well as terms regarding Transfer of Net Proceeds, subject to a 14-day notice to You.
4. Local Sales Tax
Fees above are excluding VAT/GST or local sales tax. Upon applicability, such taxes shall be added to the Fees above, as required by Law.
5. No-automatic renewal; No Refunds or Pro-rated Subscription Fees
5.1 Digital Product subscriptions or purchases are not subject to automatic renewal.
5.2 Client fees are non-refundable, not pro-rated, whether purchased via the app or via a third party payment processor.
5.3 If You up-sell a Digital Product to your client but does not provide the required service (i.e. – not prescribing an exercise program at all), Fiizio shall not be liable for Your lack of service; as such no refund shall be provided by Fiizio to your client.
5.4 You acknowledge that Fiizio is an enabling technology for You and your practice to generate additional revenues, for a fee.
5.5. You undertake to indemnify Fiizio for any claim of your Client for lack of service or insufficient or inappropriate service provided by You related to Digital Product/Mobile App Access Subscription.
6. Cancellation of Your Fiizio Account Subscription
Upon inactivation or expiration of Your Fiizio account, clients who purchased Digital Product shall have access to the Fiizio mobile app until the end of their subscription period. After expiration of their subscription, they will no longer be able to purchase a new subscription, as You – their service provider – does not have an active Fiizio account. In such a case, they will receive a notification to reach out to Your practice office.
7. Service Restrictions
We reserve the right to accept or refuse subscription or to restrict use of the Service in our discretion. Subscriptions are not transferable nor assignable. We may take actions we deem reasonably necessary to prevent fraud and abuse.
8. Agreement Changes
We may, in our discretion, change the Terms of Service, and all elements of them and any aspect of the Service without notice to You. If any change to the Terms of Service is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes and the remainder of the Terms. Your continued use of the Service after we change the Terms of Service constitutes Your acceptance of the changes. If You do not agree to any changes, You must not use the Service and must cancel Your subscription.
9. Termination by Us
Our business may change over time and we reserve the right to cancel the Service and any Digital Product or related plan in whole or in part, and to terminate Your subscription and/or activation for and use of the Service at our discretion without notice. If we do so, we will give You a prorated refund based on the number of days remaining in your purchased plan unless we terminate Your subscription for conduct that we determine, in our discretion, violates the Terms of Use and/or Terms of Service of Digital Products, violates any applicable law, involves fraud or misuse of the Service, or is harmful to our interests or another user. Our failure to insist upon or enforce Your strict compliance with the Terms of Use and/or Terms of Service will not constitute a waiver of any of our rights.
10. Disputes; Limitation of Liability
Any dispute or claim arising from or relating to these Terms of Service or Your use of the Service is subject to the binding arbitration, governing law, disclaimer of warranties, limitation of liability and all other terms in the FiizioSoft Terms of Use.
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