Client Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY
PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY BEGINNING TO USE THE SERVICE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS AND THE REFERENCES TO OTHER DOCUMENTS CONTAINED HEREIN (COLLECTIVELY THE “TERMS”). IF YOU DO NOT AGREE TO THE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICE.
Who we are
We are PT Assistance ehf., a company incorporated and operating under the laws of Iceland, with registered address at Hafnarstræti, 600 Akureyri, Iceland (“we”, “us” or “PT”). We are registered for VAT under VAT number 135912.
What we do
We offer a platform called PT Assistance (hereinafter the “Platform” and together with all services provided in connection with the Platform hereinafter referred to as the “Service”). The Service is an online and mobile solution (technical software solution) that enables professionals to provide remote care to their clients by sending them exercise programs. You may not use the Service for any other purpose.
You are solely responsible for all information, images, videos or other content or data that you post or upload to the Platform, or transmit through the Service.
Our relationship with you
You are not a client of PT. PT's contractual relationship is with your specialist, who is our client and has provided you with access to the platform to provide you with better healthcare.
You do not pay PT any fees for your use of the platform or app.
We only authorize you to use the Platform and App in accordance with the instructions of your professional and provided that you comply with these Terms. You may only download, view, use and display the App and Platform on a device for your own personal use, solely for the purpose of receiving services provided by the professional.
By accepting these Terms, you confirm and warrant to us that your registration and use of the Service complies with all applicable laws and regulations.
Your privacy
Our Privacy Policy describes PT's practices regarding the collection, use, and disclosure of information we collect from and about users of our training platform and landing pages.
Consent to communication
By giving us your consent, you agree to receive communications by email from or on behalf of PT Assistance at the email address you provided, in accordance with PT's Privacy Policy. Such messages may be for informational purposes.
Establishing access
To use the platform and/or app, your practitioner must add you as a client to their account. Once you have been assigned a training plan, you will receive an email with information that you can use to log in to your training plan.
When you register for access, you may be required to provide us with information about yourself, such as your email address and password. You understand and agree that as part of the registration process, we may use this information to verify your eligibility to use the Service.
You agree that the profile information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. We do not warrant or represent the accuracy, completeness or suitability of any information (including any Content) on the Platform and/or App for your use.
You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all use that occurs under your account.
As soon as you know or have reason to suspect that your access is being misused or its security has been breached, you must notify us immediately and take all necessary steps to prevent unauthorized access, including changing appropriate credentials and taking other security measures that we may reasonably require.
You may download your workout plans and login information from the Platform and/or App solely for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
If someone else owns the phone or device you are using
If you download or stream the app to a phone or other device that you do not own, you must have the owner's permission to do so. You are responsible for complying with these terms, whether or not you own the device.
Improvements to the platform and app
PT shall at all times have the right, without any liability to you: (a) to make procedural and technical changes and/or improvements to the Platform and/or the App; and (b) to temporarily suspend or restrict access to the Platform and/or the App if PT deems it necessary, for example for preventive, corrective or adaptive maintenance.
Restrictions on use
You shall not, and shall not authorize any third party to:
(a) except as permitted by applicable law that cannot be waived by agreement between you and PT, and except to the extent specifically permitted by these Terms:(i) attempt to copy, modify, duplicate, create derivative works from, “frame”, mirror, republish, download, display, transmit or distribute all or any part of the Platform and/or the App, in any form or medium or by any means; or(ii) attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce all or any part of the Platform and/or the App to a human-readable/understandable form;
(b) access all or part of the Platform and/or App for the purpose of building a product or service that competes with the Platform and/or App;
(c) use the Platform and/or App to provide services to third parties;
(d) license, sell, rent, lease, assign, distribute, publish, disclose or otherwise exploit the Platform and/or the App for commercial purposes, or make the Platform and/or the App available to any third party;
(e) attempt to obtain, or assist any third party in obtaining, access to the Platform and/or the App other than in accordance with these Terms;
(f) introduce or permit the introduction of a virus into the Platform and/or App or PT's network and information systems;
(g) remove and/or circumvent security measures or technical limitations (on use) of the Platform and/or App.
You warrant that you will not use the Platform and/or the App in a manner that: (i) infringes the rights of PT or any third party, including intellectual property rights or rights relating to the protection of personal data; (ii) is contrary to applicable laws or regulations; or (iii) is contrary to the provisions of these Terms.
PT and its affiliates, subsidiaries and agents (collectively, the “PT Parties”) disclaim all liability arising out of or in connection with:(a) your access to, use of, or alleged use of the Service;(b) your breach of any part of these Terms, any representation, warranty or agreement referred to in the Terms, or any violation of any applicable law or regulation;(c) your violation of any third party rights, including intellectual property rights or rights of publicity, confidentiality, ownership or privacy;(d) any dispute or issue between you and a third party; and(e) any fraud, willful misconduct, criminal acts, gross negligence or gross negligence committed by you.
Termination of your right to use the Platform and App
You can close your account at any time by contacting customer support at ptassistance@ptassistance.com.
After our agreement with your expert ends, for any reason, you will not be able to access the platform and/or app.
We may also suspend or terminate your access to the Platform and/or App if you violate these Terms. To the extent permitted by applicable law, we will not be liable for any changes to the Service or the suspension/termination of your access to or use of the Service.
Our liability for any loss or damage you suffer
We do not exclude or limit our liability to you in any way where doing so would be unlawful.
You acknowledge and agree that PT is not a provider of medical or healthcare services and PT's liability to you is limited solely to providing you with access to the Platform and/or App for the purpose of communicating with your practitioner.
You acknowledge that you are a client of your practitioner and are not a client of PT, and your practitioner is a client of PT. PT has no liability to you for any services, advice or treatment provided by the practitioner through the use of the Platform and/or App, nor for any Content made available through the Platform and/or App.
PT is not responsible for training you in the use of the Service and you should direct any questions about the use of the Service to your practitioner.
To the extent permitted by applicable law, PT or PT's suppliers, resellers or distributors will not be liable for any indirect, special, incidental or consequential damages arising out of the use of, or inability to use, the product, including (without limitation) damages for loss of goodwill, business interruption, computer system failure or other commercial harm or loss, even if advised of the possibility of such damages and regardless of the legal or procedural theory (contract, tort or otherwise) on which the claim is based.
Information on the platform and/or app
We do not warrant or imply the accuracy, completeness or suitability of information (including any Content) on the Platform and/or App for your intended use.
All exercises available on the Platform and/or App are for demonstration purposes only. You acknowledge that your practitioner is responsible for ensuring that the exercises and training plans created for you are appropriate for you.
PT does not recommend or endorse any information on the Platform and/or App or information made available through the Platform and/or App.
All information on the platform and/or app is for personal and household use only and may not be sold, redistributed, or used for commercial purposes.
If you experience any discomfort or pain, stop the activity immediately and contact a healthcare professional or call an ambulance in the event of an emergency.
By using the Platform and/or App, you confirm that you have fully informed your practitioner of your medical history and current condition and that you have obtained their consent to participate (and continue to participate) in the exercise programs and exercises made available to you on the Platform and/or App.
The Platform and/or App may from time to time contain links to third party websites for your convenience. Linked websites and other products and/or content linked through such content are not under the control of PT and PT is not responsible for their content or any liability that may arise from such content.
PT does not endorse information on linked websites or any related organizations, products or services. PT is not responsible for and shall be harmless from any liability that may arise directly or indirectly from services not purchased from PT.
No medical advice
The Service does not provide medical advice and is not intended for use in the diagnosis of disease or other medical condition, nor for the cure, mitigation, treatment or prevention of any disease or medical condition.
The Service and its features may never be configured or used in a manner that suggests that it is used as a medical device, to diagnose disease or provide a diagnosis or prognosis, or to provide medical advice based on data entered by a user.
You acknowledge that your specialist is responsible for providing advice on exercises and exercise programs to ensure they are appropriate for you and that this is not the responsibility of the PT.
PT disclaims all liability that may arise from the configuration of or reliance on the Service.
The Service is intended solely for the purpose of posting exercises and training plans as directed by your specialist, for tracking training progress for you and your specialist, and for facilitating communication between you.
The Service does not provide interpretations or clinical advice. The Service may contain general information or content (including videos) related to exercise, treatment, and other health-related matters. Such information is provided for informational purposes only and is not and should not be construed as medical advice or as a substitute for the advice of a physician or other qualified healthcare professional.
You are solely responsible for the accuracy and completeness of all information you provide to PT, including during auto-intake. Always consult a physician or other healthcare professional for medical advice or information regarding diagnosis and treatment.
Disclaimer and Warranties
THE SERVICE AND ALL MATERIALS, PRODUCTS AND CONTENT ACCESSIBLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
THE PT PARTIES HEREBY EXPRESSLY DISCLAIM AND YOU HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH REGARD TO THE SERVICES AND ALL MATERIALS, PRODUCTS AND CONTENT ACCESSIBLE THROUGH THE SERVICES, INCLUDING:(A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR NON-INFRINGEMENT;(B) WARRANTIES THAT MAY ARIS FROM COURSE OF DEALING, CUSTOMARY OR CUSTOMARY; AND(C) WARRANTIES AS TO WHETHER ANY COMMUNICATION DATA OR OTHER INFORMATION ACCESSIBLE THROUGH OR TRANSMITTED THROUGH THE SERVICE IS TRUE, COMPLETE OR ACCURATE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PT OR THROUGH THE MATERIALS OR CONTENT OF THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
YOU ASSUME ALL RISK FOR ANY DAMAGE, INJURY OR DAMAGE THAT MAY ARIS OUT OF YOUR USE OF THE SERVICE (AND ANY OF ITS FEATURES), YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICE, AND ANY MATERIAL OR CONTENT ACCESSIBLE THROUGH THE SERVICE.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE, ACCESS, DOWNLOADING OR OTHER OBTAINING OF MATERIALS OR CONTENT THROUGH THE SERVICE AND RELATED WEBSITES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING ANY COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OF THE SERVICE OR THE DOWNLOADING/USE OF SUCH MATERIALS.
You acknowledge that the Platform and App are designed to be compatible only with those software and systems that PT specifies as compatible, and PT does not warrant that the Platform and/or App will be compatible with any other software or system.
PT does not warrant that the Platform and App will be provided without interruption or error, and PT is not responsible for any part of the infrastructure of the Service (including the Internet) that is beyond PT's reasonable control.
PT will use its best efforts to ensure the confidentiality, integrity and availability of the platform, in accordance with Regulation (EU) 2016/679 (GDPR), but as with all complex software, there is no guarantee that the platform or app will always be completely secure.
PT will take steps to prevent accidental or unlawful destruction, loss, alteration, unauthorized disclosure of or access to personal data transmitted, stored or otherwise processed. However, PT is not responsible for (and specifically disclaims any liability to you for):(a) the operation of your infrastructure;(b) loss, damage, inaccuracy and/or incompleteness of the content;(c) transmission errors, failures or unavailability of computer, data or telecommunications systems, including the Internet;(d) unauthorized use or attempted unauthorized use of the Platform and/or the App;(e) making backup copies of the content; or(f) how the results of the Platform and/or the App are used.
Force Majeure (Uncontrollable events)
To the extent permitted by applicable law, PT is relieved of its obligations under these Terms during the period in which PT is prevented or delayed from performing its obligations under the Terms, in whole or in part, due to Force Majeure.
In this section, “Force Majeure Event” means an event or series of events caused or resulting from, including but not limited to:(a) weather conditions or natural forces or “acts of God”;(b) acts of war, terrorism, rebellion, riot, civil commotion or revolution;(c) quarantine or embargo;(d) strikes;(e) interruption or downtime of telecommunications, networks, computers, servers or the Internet;(f) unauthorized third party access to PT’s information technology systems; or(g) other causes beyond PT’s reasonable control.
Changes to these terms
PT reserves the right to change or add to these terms at any time by posting updated terms on its website.
Changed or added terms will be notified to you in the PT Assistance app and by notice on the website, including the date when the updated terms will take effect.
If you continue to use the Platform or App after that date, you irrevocably agree to the amended or supplemented version of the Terms. If you do not agree to the amended or supplemented Terms, you may discontinue using the Platform and App.
You need our consent to transfer your rights.
You may only assign your rights or obligations under these Terms to another party if we agree to do so in writing.
Subcontractors
You hereby agree that PT may engage third parties (including PT's affiliates) to perform, provide or support the performance or provision of all or part of the Services or PT's website.
If a court finds part of the terms to be unlawful, the other parts will remain in effect.
Each paragraph of these Terms is enforceable independently. If any of them is determined by a court or relevant authority to be unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay enforcing the terms, we can still enforce them later.
If we do not immediately require you to do anything that you are required to do under these Terms, or if we delay taking action because of your breach of the Terms, that does not mean you do not have to do what is required, nor does it prevent us from taking action later.
What laws apply and where can a lawsuit be filed?
These terms are governed by Icelandic law and are subject to the jurisdiction of Icelandic courts.
If you live in another country, you may bring a lawsuit regarding these terms in the courts of your home country.
Note: If you are reading a translated version of this policy, the English version takes precedence over the translation.
