Halterix PT+ Beta Terms and Conditions - Patients

These terms and conditions govern the use of a Beta Offering (“The Service”) being made available by Halterix Corporation (“Company”) for your use (“User”) as recommended by and under the direction of your physiotherapist, chiropractor, osteopath, registered massage therapists or other qualified health care professional. The Service includes Halterix’s downloadable applications, the Halterix website, web pages published by Halterix on any other domains in support of the Beta release, and all related emails, messages and electronic notifications.

We will protect your privacy by sharing your information with others only as strictly necessary in order for us to provide you with the Service. We will not share, rent or sell your contact information or personal identification for any purpose whatsoever.

All patient data we collect, including patient health information, in stored in a secure, annual SOC2-certified and third-party audited environment aligned to ISO27001 and PIPEDA standards.

Your home exercise performance data will be securely shared with the health care clinic and/or practitioner who referred you to use the Service. This information is shared strictly for the purpose of helping to direct your program of care, and to accelerate your recovery and improve your health.

Your home exercise performance data will never be shared with Insurers, regulators, employers, payers or anyone else who might use it in any way that could be detrimental to you.

We reserve the right to share the data we collect with others provided it has been de-identified, anonymized and aggregated in such a way that it cannot be re-associated with any personally identifiable information, either in isolation or in combination with other data sources. For example, we might share anonymized physical therapy dose / response data with researchers, hospitals, or insurance companies, provided that the data we share can’t be traced back to any individual patient.

For information about our data practices, please see our Privacy Policy. By accessing or using the Service, you agree that we can collect and use your information in accordance with our Privacy Policy.

You must accept these Terms to create a Halterix account and to access or use the Halterix Service. If you do not have an account, you accept these Terms by using any part of the Halterix Service. If you do not accept these terms, do not create an account or use the Halterix Service.

User acknowledges and agrees that the Service is a beta release, and is therefore not necessarily at the level of performance of a commercially available product offering. The Service may not operate correctly and may be substantially modified prior to first commercial release, or at Company’s option may not be released commercially in the future.

The Service is provided free of charge, on an “as is” basis, without warranty of any kind. The Company disclaims all warranties, express, implied, or statutory, including without limitation any implied warranties of title, non-infringement of third-party rights, merchantability, or fitness for a particular purpose.

No oral or written advice or consultation given by Halterix, its agents or employees will in any way give rise to a warranty. The entire risk arising out of the use or performance of the service remains with the User.

Access and use of the Service is by invitation only. No unauthorized access or use is permitted without express prior written permission from Halterix.

By accepting this agreement, you certify that you have been referred by a fully qualified medical or paramedical practitioner such as a Physician, Physiotherapist, Chiropractor, Osteopath, Naturopath, Kinesiologist, Registered Massage Therapist, or Athletic Therapist.

Halterix’s Service is intended solely for use under the direction and supervision of a qualified practitioner. Halterix makes no assertions as to the suitability of our solution for any user. Further, Halterix makes no assertions as to the individual or collective suitability of any exercises or exercise groupings of any kind that may be supported or described within our service for any particular patient or patients, irrespective of how they may be organized, labelled or presented.

Users must follow the advice of their practitioners. Because this is a Beta offering, patients and practitioners should not rely solely on the Service for details or particulars of the patient’s home physiotherapy program.

Where the details of a user’s home therapy program as described within the Solution differs in any way from any instruction, advice, or direction provided to the user by the Participant in written, oral, electronic, or any other form, the patient should defer to and adhere to such instructions, advice or direction, and not to the program as described within the Solution.

To use the Halterix service, you must first:

To receive an invitation email, ask your physical therapy provider. Participating providers can send invitations to eligible patients using the Service.

Participation in Halterix’s beta is limited. Your acceptance as a User of the Solution is not guaranteed and is at the Company’s sole discretion. The Service is available on a limited basis, and the Company reserves the right to limit Users and participation at its sole discretion.

As a User, you are responsible for all activity that occurs in association with your account. The Company is not liable for any loss or damages caused by failure to maintain the confidentiality of your account credentials. Please contact us if you discover or suspect any security breach related to the Service or your account.

Full use of the Service is dependent upon your use of a supported Android mobile device with Internet access.

As part of the Beta program, the Company may provide you with a compatible Android smart watch device, to facilitate your participation in the pilot. Devices are provided to users at the Company’s sole discretion.

Where a device is provided, it is provided as a courtesy, but without warrantee or guarantee of any kind. Supplied devices are not guaranteed to work correctly. Should a device become lost or stolen, or cease to function correctly for any reason, the Company is under no obligation to replace or repair the device. Participants are solely responsible for setting up, maintaining, and safeguarding any supplied devices.

Halterix reserves the right to request the immediate return of any supplied device from any User, at any time. In the case of such a request, the Participant agrees to ship the device back to Halterix promptly, using the carrier and service requested by Halterix. Halterix will reimburse Users for return shipping costs, but only where return shipping is completed using Halterix’s requested carrier and service. Participants agree to ship items to be returned within 5 business days of receiving a request from Halterix.

Where a device is supplied to the User, the device will remain the property of Halterix for the duration of the Beta period. At the conclusion of the Beta period, the device will become the property of the User, and is theirs to keep, as a thank you for participating in our Beta program, provided that (a) the User participates actively in the Halterix Beta program by using the Service, as directed by their care provider, providing feedback as requested, and participating in user surveys as requested, and (b) Halterix has not previously exercised its right to request the return of the device.

The Service, and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of Canada, the United States, and other foreign countries. We reserve all rights not expressly set forth in these Terms. You agree not to remove, change or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Service. Our logos and any other trademarks that may appear as part of the Service, and the overall look and feel of the Service, may not be copied, imitated or used, in whole or in part, without our prior written permission.

The Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service. This license is provided solely for your use as directed by a qualified care provider, as permitted in these Terms.

You will not use, sublicense, copy, adapt, modify, translate, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Service or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Halterix, except for the licenses and rights expressly granted in these Terms.

Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Service: (1) use, display, mirror, or frame the Service or any individual element within the Service, including the layout and design of any page, without Halterix’s express written consent; (2) use Halterix’s name, logo, or any proprietary information without Halterix’s express written consent; (3) test the vulnerability of any Halterix system or breach any security or authentication measures; (4) circumvent any technological measure implemented by Halterix or any other third party to protect the Service; or (5) modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of any part of the Service.

We reserve the right (but are not required) to remove or disable access to the Service at any time and without notice, and at our sole discretion, if we determine that your use of the Service is in violation of these Terms.

As part of your use of the Service, you may receive notifications, text messages, alerts, emails, and other electronic communications. You agree to the receipt of these communications. We may need to provide you with certain communications, such as service announcements and administrative messages. You are responsible for any messaging or data fees you may be charged by your wireless carrier. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing.

You agree to respond to all survey requests and to respond with true and accurate information, to the best of your ability.

If you submit comments, ideas, testimonials or feedback to us, whether solicited or unsolicited, you agree that we can use, disclose, reproduce, distribute, and exploit them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by us, or obtained from sources other than you.

You acknowledge that the Service is an early release Beta and is provided with limited support by the Company. The Company does not yet have dedicated support personnel. Support will be provided by employees and founders on a “best efforts” basis.

Halterix may change or discontinue, temporarily or permanently, any feature, component, or content of the Service at any time without notice. Halterix is not liable to you or to any third party for any modification, suspension, or discontinuance of any feature, component, or content of the Service.

We reserve the right to suspend or deactivate your account or your access to certain aspects or all of the Service, or to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such suspension, deactivation, or termination, we may delete information related to your account.

You may close your account at any time by contacting us at info@halterix.com and requesting closure of your account.

Upon any termination of these Terms or suspension, termination, or discontinuation of the Service or your account, the Terms of this agreement will survive for one year.

You will indemnify and hold harmless Halterix and/or its officers, directors, employees, affiliates, agents, licensors, and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (i) your access to or use of the Service, (ii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (iii) your violation of any law or the rights of a third-party.

Except as otherwise stated, these Terms constitute the entire and exclusive understanding and agreement between Halterix and you regarding the Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Halterix and you regarding the Service.

If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Halterix may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Any notices or other communications provided by Halterix under these Terms, including those regarding modifications to these Terms, will be given via email.

Halterix’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.

PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS.