Terms of Use – Participants

The Terms

1. Acceptance of Terms

   DigiRehab, Inc. (“DigiRehab”) is the owner and operator of the DigiRehab Website and/or mobile App located at the URL www.DigiRehab.us, the DigiRehab mobile application, and other websites owned by DigiRehab, including personalized white label websites (collectively, the “DigiRehab Website and/or mobile App”, as defined below). These Terms of Use (the “Agreement”) govern access to and use of the DigiRehab Website and/or mobile App. Access to and use of the DigiRehab Website and/or mobile App is subject to Your acceptance of this Agreement. You agree to abide by all terms and conditions of this Agreement by Your accessing the DigiRehab Website and/or mobile App and/or by Your continued use of the DigiRehab Website and/or mobile App. Please read the following, carefully bearing in mind that this Agreement must be read in conjunction with DigiRehab’s Privacy Policy.

2. Right to Modify Terms

   DigiRehab reserves the right to modify the terms of this Agreement at any time at its sole discretion, and may post a notice of such changes. If and when the Agreement is modified, You will be subject to the terms of the modified Agreement, and by accessing the DigiRehab Website and/or mobile App, You agree to the terms of the modified Agreement without further notice.

3. Term Definitions

   1. “DigiRehab Website and/or mobile App” means the DigiRehab Website and/or mobile App accessible through the URL www.DigiRehab.us, the DigiRehab mobile application, and other websites owned and operated by DigiRehab and or DigiRehab World ApS, including personalized white label websites.
   2. “DigiRehab” means DigiRehab, Inc., DigiRehab USA, LLC and DigiRehab World ApS.
   3. “Parties” means DigiRehab and You, collectively.
   4. “Party” means either DigiRehab or You.
   5. .“User Profile” means a user profile or Access Code created for you by Your Provider and/or Assessor on the DigiRehab Website and/or mobile App.
   6. “You,” “Your,” and/or “User” means any individuals and/or entities visiting and/or otherwise accessing the DigiRehab Website and/or mobile App and Mobile App through a User Profile or Access Code for any reason; said terms may be used interchangeably.
   7. “Content” means all information, data, text, software, music, sound, photographs, graphics, videos, messages, tags, or other materials, posted and/or otherwise displayed, on, to, or at the DigiRehab Website and/or mobile App.
   8. “Course” means a defined program of exercises including assessments of your ability to safely benefit from a defined series of exercises, access to the video demonstrations of the exercises, and evaluations and monitoring of personal progress.
   9. “Participant” means a person who is enrolled in a Course.
   10. “Assessor” means a person designated by a Participant or the Participant’s representative to determine the Participant’s ability and likelihood to benefit from a Course and establish a recommended series of exercises for that Participant.
   11. “Provider” is a health care professional who has been selected by a Participant or the Participant’s representative to assist with enrollment in a Course, assessment and monitoring of the Participant’s progress.
   12. “Personal Information” means, without limitation, any information that identifies or describes an individual, including his or her name, physical description, age, gender, home address, home telephone number, or education. Personal Information also includes statements made by, or attributed to, a User.
   13. “User Name and Password” means the specific, custom login assigned by Your Provider and/or Assessor to access the DigiRehab Website and/or mobile App.

Website

1. Content Ownership

   DigiRehab is the owner of all DigiRehab Content posted on or otherwise accessible at or via the DigiRehab Website and/or mobile App including logos, all designs, text, graphics, pictures, and information. You will have a limited license (without the right to sublicense) to view the Content for Your individual, non-commercial use only. Any copying, reproduction, retransmission, or republication of all, or part, of any Content found on the DigiRehab Website and/or mobile App is expressly prohibited, unless DigiRehab has expressly granted its prior written consent to so reproduce, retransmit, or republish the Content. DigiRehab reserves all applicable rights in regard to the Content. DigiRehab may publish or transmit via the DigiRehab Website and/or mobile App any Content that is owned by third parties. DigiRehab World ApS, are the owners of their respective Intellectual Property found on the DigiRehab Website and/or mobile App. Any reproduction, retransmission, or republication of all or part of any Content found on the DigiRehab Website and/or mobile App is expressly prohibited, unless the owner of the Content has expressly granted its prior written consent to reproduce, retransmit, or republish the material.

2. Copyright Complaints

   If You believe that any Content on the DigiRehab Website and/or mobile App infringes upon any copyright which You own or control, You or Your designee, acting as a “Complaining Party,” may send a notification of such claimed infringement to DigiRehab via DigiRehab USA, LLC. Please include a description of the work that is allegedly being infringed, and where on the DigiRehab Website and/or mobile App the work may be found.

3. Content Availability

   DigiRehab USA, LLC, a Texas Limited Liability Company is the sole and exclusive US distributor of DigiRehab software and service. Its representatives will be selling and providing assistance in the operation and use of the program directly to purchasers of DigiRehab Website and/or mobile App and app program You personally, and in cooperation with Your assessor, therapist, clinician or physician if you are working with one. Once You have, or Your Provider and/or Assessor has, created Your User Profile, You will have access to the Content as directed by You or Your Provider and/or Assessor, until the User Profile is deactivated, or until the access assignment expires. Your access to the content will end upon deactivation. You or Your Provider and/or Assessor will have to renew Your User Profile to continue Your access to the Content. DigiRehab retains the right to modify all content as reasonably deemed necessary to ensure material is in line with best practices, as necessary to comply with any regulation or law, and/or as necessary for DigiRehab’s business purpose.

4. Termination

   DigiRehab reserves the right to terminate, block, or restrict Your access to or use of the DigiRehab Website and/or mobile App for any breach or violation of any term(s) of this Agreement, solely at the discretion of DigiRehab. If You would like to request the deletion of Your User Profile on the DigiRehab Website and/or mobile App, please contact DigiRehab at DigiRehab USA, LLC, and we will work with Your Provider and/or Assessor to resolve Your request.

5. Equipment

   You are responsible for obtaining and maintaining all computer hardware and software needed to access and use the DigiRehab Website and/or mobile App.

User Accounts

1. User Responsibility

   The DigiRehab Website and/or mobile App includes the option of allowing a User to create a “User Profile.” Users are wholly responsible for User Content posted, displayed, transmitted, or otherwise made available on or via User Profiles. You are also wholly responsible for ensuring that Your use of the DigiRehab Website and/or mobile App is compliant with the laws and regulations of any applicable jurisdiction.

2. Accounts and Passwords

   In consideration of Your use of the DigiRehab Website and/or mobile App, You acknowledge that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You agree to provide accurate, current, and complete information concerning You when providing information to, signing up with, registering for use of, or otherwise providing information to the DigiRehab Website and/or mobile App and maintain and promptly update the Registration Data to keep it true, current, and complete. If You provide any information that is untrue, inaccurate, not current, or incomplete, or if DigiRehab has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, DigiRehab has the right to suspend or terminate Your access to the DigiRehab Website and/or mobile App and to refuse any and all current or future use of the DigiRehab Website and/or mobile App, or any portion thereof. You must have Your own password or Access Code to access the DigiRehab Website and/or mobile App. In the event that DigiRehab discovers password sharing, we reserve the right to terminate or block Your access to the DigiRehab Website and/or mobile App. You are responsible for all use of Your password(s).

3. Linking to DigiRehab

   1. DigiRehab invites Users to link to our site. Linking to DigiRehab must not improperly connote an affiliation with or an endorsement by DigiRehab, or otherwise interfere with the operation of the DigiRehab Website and/or mobile App. Any links should open in a new browser window.
   2. You must not place DigiRehab Website and/or mobile App pages in a “frame” within Your own website without explicit prior written permission from DigiRehab.
   3. Although the DigiRehab Website and/or mobile App may include links providing direct access to other Internet sites, DigiRehab assumes no responsibility for the Content or information contained on such other sites, and does not exert any editorial or other control over those other sites. DigiRehab provides no warranties and explicitly disclaims any liability for any Content or other information provided on other sites.

Disclaimers

1. Generally

   Except as expressly set forth herein, the Content of the DigiRehab Website and/or mobile App (including all DigiRehab intellectual property, text, materials, software, functions, services, and information made available herein or accessed by means hereof) are provided as is, without warranties of any kind, either express or implied, including without limitation warranties of suitability for a particular purpose. DigiRehab does not warrant or guarantee uninterrupted access to the DigiRehab Website and/or mobile App, or any site linked to the DigiRehab Website and/or mobile App, and reserves the right to discontinue Courses or to change the expiration date at any time.

   Under no circumstances will DigiRehab be liable in any way for any Content, including without limitation any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the DigiRehab Website and/or mobile App, and DigiRehab makes no guarantees that the Content will be accurate, current, or error-free.

   You assume full responsibility and risk of loss resulting from use of the DigiRehab Website and/or mobile App and any information on the DigiRehab Website and/or mobile App. DigiRehab makes no guarantees about the suitability of any information and its services for any purpose whatsoever. DigiRehab may provide programs with exercises related to Your condition that You can perform at home. As there is a risk of injury with any activity, use caution when performing such exercises. IF YOU EXPERIENCE PAIN OR DISCOMFORT, IMMEDIATELY DISCONTINUE THE EXERCISES AND CONTACT YOUR THERAPIST, CLINICIAN OR PHYSICIAN. BY VOLUNTARILY UNDERTAKING ANY EXERCISE IN A PROGRAM PROVIDED BY DIGIREHAB, YOU AGREE THAT YOU ASSUME THE RISK OF ANY RESULTING INJURY. DigiRehab will not be liable for any direct, indirect, consequential, special, exemplary, or other damages or losses that may result. It is the responsibility of the treating practitioner, relying on independent expertise and knowledge of the patient, to determine the best treatment and method of application for the patient.

2. Use of DigiRehab Content

   The information and content provided in the home exercise programs are for informational purposes only. DigiRehab makes no warranties regarding, and bears no liability for, Your use of the information and content. Neither DigiRehab nor any person assisting or advising in Your performance of the exercises assumes any responsibility for any loss or injury and/or damage to persons or property arising out of the use of the material contained in or related to the online program. IT IS THE RESPONSIBILITY OF THE PROVIDER AND/OR ASSESSOR, RELYING ON INDEPENDENT EXPERTISE, KNOWLEDGE OF THE OF THE PARTICIPANT AND THE ALGORITHM IN THE PLATFORM, (OR YOUR RESPONSIBILITY IF YOU ARE USING THE PLATFORM WITHOUT THE SUPERVISION OF A PROVIDER AND/OR ASSESSOR) TO DETERMINE THE BEST TREATMENT AND METHOD OF APPLICATION FOR YOU.

Limitation of Liability

In no event shall DigiRehab, its members, officers, affiliates, agents, licensors, employees, or internet service provider(s) (collectively, “representatives”) be liable to You or to any third party for any direct, indirect, incidental, special, or consequential damages whatsoever, including without limitation lost revenue, lost or damaged data, or other commercial or economic loss, whether based in contract, tort (including negligence), or any other theory of liability. The foregoing limitation shall apply even if DigiRehab or its representatives have been advised or should have known of the possibility of such damage. DigiRehab’s total liability in any event is limited to the amount, if any, actually paid for use of the DigiRehab Website and/or mobile App, and You hereby release DigiRehab and its representatives from any and all obligations, liabilities, and claims in excess of this limitation.

Indemnification

You agree to indemnify and hold DigiRehab and its Representatives harmless from any and all losses (including without limitation attorneys’ fees) resulting from any claims based on or relating to Your use, or the use of any individual using Your password, of the DigiRehab Website and/or mobile App. You further agree to indemnify and hold DigiRehab and its Representatives harmless from any and all losses resulting from claims of third parties, including without limitation attorneys’ fees, that result in whole or in part from violations by You, or any individual using Your password, of any of the terms of this Agreement.

Disputes

This Agreement shall be governed by the laws of the State of TEXAS. In the event that litigation results from or arises out of this Agreement or the performance thereof, both Parties agree to Arbitration with a single arbitrator qualified by the American Arbitration Association. The Parties agree to reimburse the prevailing Party’s reasonable attorneys’ fees, arbitration costs, and all other expenses, whether or not taxable by the arbitrator as costs, in addition to any other relief to which the prevailing Party may be entitled.

Miscellaneous

1. Assignability

   This agreement is personal to You, and You may not assign this Agreement or the rights and obligations thereunder to any third party or person.

2. Agreement Binding on Successors

   The provisions of the Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, their permitted heirs, administrators, successors, and assigns.

3. Waiver

   No waiver by either Party of any default shall be deemed as a waiver of prior or subsequent default of the same or other provisions of this Agreement.

4. Severability

   The ownership and intellectual property rights and license provisions set forth in this Agreement, and any other provisions that by their sense and context the Parties intend to have survive, shall survive the termination of this Agreement and any obligations hereunder for any reason.