Terms and conditions

For the purpose of these Terms and Conditions, the « Provider » is defined as TotalCoaching inc., having its head office at 93 Boulevard Bastien, Bureau 204, Québec, QC, G0A 4V0, the « Client » as the health professional using the free or paid Phydeo software or application (the « Software ») and « Users » as all clients or patients of the Client.

A. Product description

The Phydeo Software is a mobile application available on Apple and Android devices, allowing a health professional to film a patient while executing an exercise and to make this exercise available online for reference. The first objective of the software is to allow the patient to better execute his or her exercise(s), in order to improve efficiency of the treatment.

THE CLIENT UNDERSTANDS THAT ANY USE OF THIS SOFTWARE, BY ANY PERSON, FOR OTHER MEANS THAN WHAT IS DESCRIBED ABOVE, IS NOT ALLOWED BY THE PROVIDER. BY ACCEPTING THESE TERMS AND CONDITIONS, THE CLIENT REPRESENTS AND WARRANTS THAT HE OR SHE WILL USE THE SOFTWARE AND ACCESS ITS CONTENT FOR ITS INTENDED USE ONLY.

B. Non–Transferable Right

The right to use the Software is personal and for the Client only, and cannot be transferred to any other person or third party.

C. Free and paid versions

The Client using the free version of the Software acknowledges and agrees that this version may contain less functionalities or different ones than on the paid version, that the free version may contain advertising of any form and/or be limited in time, frequency and quantity regarding its use compared to the paid version. The Provider reserves all rights to modify, add or remove at any time any functionality from the Software, in the free or paid versions.

Videos from Users made by a Client using the free version of the Software will be deleted from the server(s) of the webhosting provider after three (3) months of the date they went online.

D. Information provided by the Users

For the purpose of using the Software, Users shall provide a valid email address to be able to access the videos provided by the Client. In order to preserve confidentiality and to ensure consent of the User, the User shall provide personally the email address required and accept the Users’ Terms and Conditions of the Software. Unless otherwise indicated in these Terms and Conditions, this step cannot be done by the Client for the User. The Provider shall not be liable regarding confidentiality of any email address provided and regarding any message or file sent to this email address if it was entered in the Software by the Client or any other third party.

E. Limited Responsibility

The Client agrees to use the Software according to its intended use, in appropriate manners and in accordance with the Provider’s instructions, if any. The Client may not use the Software and upload or access its content online for any illegal or unauthorized purpose, and agrees to comply with all laws, rules and regulations (federal, provincial or state) applicable to the Software use and the content online. Client represents and warrants that all content uploaded by means of this Software does not violate, misappropriate or infringe the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademarks or intellectual property rights. The Client agrees to ensure that User provide the email address required by the Software himself, unless the User is affected by a medical condition preventing him from doing so.

The Provider agrees to take appropriate measures so that the Software can be used adequately by the Client in the course of its professional activities with the Users, this commitment being an obligation of means only. The Client is responsible to verify that any use of the Software is in compliance with all applicable laws, rules or regulations applicable in his jurisdiction. The Client also declares and guarantees that his or her use of the Software is in respect of his professional, ethical and legal obligations regarding confidentiality (be it HIPAA or else). The Provider shall not be held liable for any use of the Software by the Client, be it for the Client, any User or any third party. The Client is solely responsible for the use of the Software and its direct and indirect consequences. Any error, fault, tort or negligence from the Client towards any User or any third party related to the Software use, be it by act or omission, shall never under any circumstance engage the Provider’s responsibility.

THE PROVIDER DOES NOT GUARANTEE THAT USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION. BY USING THE SOFTWARE OR ACCESSING ITS CONTENT, THE CLIENT DECLARES AND GUARANTEES THAT HIS OR HER ACTIVITIES ARE LAWFUL IN EVERY JURISIDCTION WHERE HE OR SHE ACCESSES OR USES THE SOFTWARE OR ITS CONTENT.

The User and Client agree that the Provider is not responsible, and does not endorse, any content posted online by use of the Software and the Provider does not have any obligation to prescreen, monitor, edit or remove any Content. The Client and User will bear all legal responsibilities for that content if it violates these Terms and Conditions.

The Provider shall in no case be held liable of anything related directly or indirectly to the professional relation between the Client and the Users, be it regarding the choice of exercises proposed by the Client to the User, the way to execute said the exercise and their impact, positive or negative, on the User’s health. The Client acknowledges that the Provider has no control on the Client’s work and the Client holds the Provider harmless in this regard.

The performance of the Software, and all information contained on and its content, be it videos or else, downloadable or accessible from the Software and/or the webhosting provider, are provided to the Client and Users on a « As Is » basis, without any warranties of any kind whatsoever, including any implied warranties or warranties of merchantability, legal or else.

No indemnity shall be payable to the Client nor the Users in case of loss of data from the Provider or the webhosting provider related to the Software and the videos of the Users. Provider shall not be responsible for any problems or technical malfunctions of any telephone network or lines, computer on-line systems, computer hardware such as computers, tablets or cellphones, servers, internet access providers, softwares other than Phydeo, and any damages arising from the use of the Software.

The Provider reserves its rights, to its sole discretion, to modify, deactivate or interrupt access to the Software and/or to the content of the webhosting provider, be it temporarily or permanently, and this without being held liable to the Client or Users.

The Client understands that any use of the Software is done at his or her own risks.

F. Intellectual Property and Confidentiality

All and any rights of intellectual property regarding the Software are the sole and only property of the Provider. Use of the Software by the Client cannot be interpreted as granting or assigning any rights whatsoever on any trademark, intellectual property or copyright related to the Software or any other product of the Provider or its affiliated companies.

The Client agrees not to use the Software for the account or to the benefit of any third party and agrees not to reproduce, as a whole or in part, one or several functionalities or elements present in the Software on any support and by any proceeding, without Provider’s express consent.

Any update, optimization, add-on or additional feature or functionality to the Software is submitted to the same Terms and Conditions.

The Provider agrees to preserve confidentiality of information provided by Users, such as email addresses, that are transmitted by the Software and agrees not the give any access to this information to anyone, unless required to do so by Law or by a Court order.

The Provider agrees that all content related to the Software, including the Users’ videos, have to be protected, to the minimum, by an SSL encryption protocol during any transfer of said content, be it from the device or computer of the Client to the webhosting provider servers, or from the Provider or webhosting provider servers to the Users’ devices.

G. Communication

By accepting the present Terms and Conditions, The Client expressly agrees to receive electronic communication by email from the Provider regarding the Software and its use.

H. Force Majeure

Neither the Provider nor the Client shall be responsible for delays or default in execution of its obligations provided herein if attributable to a case of Force Majeure.

I. Governing Law and Jurisdiction

These Terms and Conditions are governed by the Laws of the province of Quebec and any dispute or litigation arising from interpretation of these Terms and Conditions shall be decided under the exclusive adjudication of the Courts of the judicial district of Quebec.

J. Other conditions

The Provider reserves the right to change the present Terms and Conditions from time to time. Unless a change is made for a legal or administrative reason, a reasonable advance notice will be provided before the updated Terms and Conditions become effective. Notification of the updated Terms and Conditions can be done by the Provider by posting them on the Software or while accessing the content online, and any use of the Software or accessing content online after the change(s) to the Terms and Conditions is in effect will constitute an agreement to the updated Terms and Conditions.

If any provision of these Terms and Conditions is held to be unlawful, void, or for any reason unforceable by a Court of competent jurisdiction, that provision will be deemed severable from these Terms and Conditions and will not affect the validity and enforceability of any remaining provisions. The Provider’s failure to insist upon or enforce strict performance of any provision of the Terms and Conditions will not constitute a waiver of any provision or right.

The Provider reserves its right to limit the availability of the Software or its access online, in part or completely, to any person, geographic area or jurisdiction, at any time and in its sole discretion.

For the purpose of these Terms and Conditions, the « Provider » is defined as TotalCoaching inc., having its head office at 93 Boulevard Bastien, Bureau 204, Québec, QC, G0A 4V0, the « Client » as the health professional using the free or paid Phydeo software or application (the « Software ») and the « User(s) » as all clients or patients of the Client.

A. Product description

The Phydeo Software is a mobile application available on Apple and Android devices, allowing a health professional to film a patient while executing an exercise and to make this exercise available online for reference by this patient. The first objective of the software is to allow the patient to better execute his or her exercise(s), in order to improve efficiency of the treatment.

THE USER UNDERSTANDS THAT ANY USE OF THIS SOFTWARE, BY ANY PERSON, FOR OTHER MEANS THAN WHAT IS DESCRIBED ABOVE, IS NOT ALLOWED BY THE PROVIDER. BY ACCEPTING THESE TERMS AND CONDITIONS, THE USER DECLARES AND GUARANTEES THAT HE OR SHE WILL USE THE SOFTWARE AND ACCESS ITS CONTENT FOR ITS INTENDED USE ONLY.

B. Free and paid versions

Videos from Users made by a Client using the free version of the Software will be deleted from the server(s) of the webhosting provider after three (3) months from the date they went online.

The User agrees and acknowledges that advertising, such as publicity for personal coaching services or else, can be present while accessing its content and videos, if the referring Client uses the free version of the software. Manner, mode and extent of said advertising is subject to change without notice.

C. Information provided by the Users

For the purpose of using the Software, the User agrees to provide a valid email address to be able to access the videos provided by the Client. In order to preserve confidentiality and to ensure consent of the User, The User agrees to provide personally the email address required. Unless otherwise indicated in these Terms and Conditions, this step cannot be performed by the Client for the User. The Provider shall not be held liable regarding confidentiality of any email address provided and regarding any message or file sent to this email address if it was entered in the Software by the Client or any other third party.

The User can request at any time the deletion of any video of himself uploaded online through the Software. Any video deleted on the User’s request is lost and cannot be restored.

D. Limited Responsibility

The User agrees to use the Software and access its content online such as its videos, according to its intended use, in appropriate manners and in accordance with the Provider’s instructions, if any. The User may not use the Software and access its content online for any illegal or unauthorized purpose, and agrees to comply with all laws, rules and regulations (federal, provincial or state) applicable to the Software use and the content online. The User agrees to provide the email address required by the Software by himself, unless the User is affected by a medical condition preventing him from doing so.

The Provider agrees to take all appropriate measures so that the online content, such as the videos recorded by the Client, can be accessed by the User, this commitment being an obligation of means only. The User is responsible to verify that all use of the Software or access to its content online is in compliance with all applicable laws, rules or regulations applicable in his jurisdiction. The Provider shall not be held liable for use of the Software by the Client, be it for the Client, any User or any third party. The User acknowledges that the Client is solely responsible for the use of the Software and its direct and indirect consequences. Any error, fault, tort or negligence from the Client towards any User related to the Software use, be it by act or omission, shall never under any circumstances engage the Provider’s responsibility.

THE PROVIDER DOES NOT GUARANTEE THAT USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION. BY USING THE SOFTWARE OR ACCESSING ITS CONTENT, THE USER DECLARES AND GUARANTEES THAT HIS OR HER ACTIVITIES ARE LAWFUL IN EVERY JURISIDICTION WHERE HE OR SHE ACCESSES OR USES THE SOFTWARE OR ITS CONTENT.

Both the User and Client agree that the Provider is not responsible, and does not endorse, any content posted online by use of the Software and the Provider does not have any obligation to prescreen, monitor, edit or remove any Content. Client and User will bear all legal responsabilities for that content if it violates these Terms and Conditions.

The Provider is only providing a platform or service allowing a Client to store videos, for a limited duration, where the User is seen performing exercises. Consequently, The User agrees and acknowledges that the Provider has no control over the Client’s work ethics and the User holds the Provider harmless in this regard.

The Provider shall in no case be held liable of anything related directly or indirectly to the professional relation between the Client and the User, be it regarding the choice of exercises proposed by the Client to the User, the way to execute the said exercises and their impact, positive or negative, on the User’s health.

The User also acknowledges that all exercises recommended or provided by the Client are specific to the User, and that transferring any exercise to another person may cause injury and/or damages and the User assumes all responsibilities for such a transfer.

The performance of the Software, and all information contained on and its content, be it videos or else, downloadable or accessible from the Software and/or the webhosting provider, are provided to the Client and to the User on a « As Is » basis, without any warranties of any kind whatsoever, including any implied warranties or warranties of merchantability, legal or else.

No indemnity shall be payable to the Client nor to the User in case of loss of data from the Provider or the webhosting provider related to the Software and the videos of the User, including from videos deleted on request of the User. The Provider shall not be held responsible for any problems or technical malfunctions of any telephone network or line, computer on-line system, computer hardware such as computer, tablet or cellphone, server, internet access provider, software other than Phydeo, and any damage arising from the use of the Software.

The Provider reserves the rights, to its sole discretion, to modify, deactivate or interrupt access to the Software and/or to the content of the webhosting provider, be it temporarily or permanently, and this without being held liable to the Client or User.

The User understands that any use of the Software is done at his or her own risks.

E. Intellectual Property and Confidentiality

All and any rights of intellectual property regarding the Software are the sole and only property of the Provider. Use of the Software by the Client or the User cannot be interpreted as granting or assigning any rights whatsoever on any trademark, intellectual property or copyright related to the Software or any other product of the Provider or its affiliated companies.

The User agrees not to reproduce, as a whole or in part, one or several functionalities or elements present in the Software on any support and by any proceeding, without the Provider’s express consent.

Any update, optimization, add-on or additional feature or functionality to the Software is submitted to the same Terms and Conditions.

The Provider agrees to preserve confidentiality of information provided by the User, such as email addresses, that are transmitted by the Software and agrees not the give any access to this information to anyone, unless required to do so by Law or by a Court order.

The Provider agrees that all content related to the Software, including the User’s videos, have to be protected, to the minimum, by an SSL encryption protocol during any transfer of that content, be it from the device or computer of the Client to the webhosting provider servers, or from the Provider or webhosting provider servers to the User’s devices. More information on security measures of the webhosting provider can be found at http://media.amazonwebservices.com/pdf/AWS_Security_Whitepaper.pdf

F. Communication

By accepting the present Terms and Conditions, the User expressly agrees to receive electronic communication by email from the Provider regarding the Software, its online content and its use.

G. Force Majeure

The Provider shall not be responsible for delays or default in execution of its obligations provided herein if attributable to a case of Force Majeure.

H. Governing Laws and Jurisdiction

These Terms and Conditions are governed by the Laws of the province of Quebec and any dispute or litigation arising from interpretation of these Terms and Conditions shall be decided under the exclusive adjudication of the Courts of the judicial district of Quebec.

I. Other conditions

The Provider reserves its right to change the present Terms and Conditions from time to time. Unless a change is made for a legal or administrative reasons, a reasonable advance notice will be provided before the updated Terms and Conditions become effective. Notification of the updated Terms and Conditions can be done by the Provider by posting them on the Software or while accessing the content online, and any use of the Software or accessing content online after the change(s) to the Terms and Conditions is in effect will constitute an agreement to the updated Terms and Conditions.

If any provision of these Terms and Conditions is held to be unlawful, void, or for any reason unforceable by a Court of competent jurisdiction, that provision will be deemed severable from these Terms and Conditions and will not affect the validity and enforceability of any remaining provisions. The Provider’s failure to insist upon or enforce strict performance of any provision of the Terms and Conditions will not constitute a waiver of any provision or right.

The Provider reserves its right to limit the availability of the Software or its access online, in part or completely, to any person, geographic area or jurisdiction, at any time and in its sole discretion.