This agreement is written in Spanish. If there is a conflict between a translated version and the Spanish version of these terms, the Spanish version will prevail, to the extent permitted by applicable law.
If you access the Services from a location outside Europe and/or if you use the Services to provide access to patients who will access them from a location outside Europe, you do so at your own risk and are solely responsible for compliance with any applicable laws, rules and regulations in your jurisdiction, including export laws and any local rules and laws regarding online conduct and content.
The terms used in this Agreement shall have the definitions contained herein or, if not defined in this Agreement, shall have their meaning in plain Spanish, as commonly interpreted in Spain.
2. Additional Terms.
3. Disclaimer of liability for treatment prescribed by therapists or researchers.
5. Types of accounts.
We designate several types of Accounts (each, an “Account”) that provide different functionality to different users of the Platform;
a. A “DEMO Account” allows you limited access to view and test certain content on the Platform that is limited in both quantity and time.
b. A “User Account” allows a patient to access, through the “ReHand” tablet application, the exercise program and questionnaires set up by their Therapist. The User Account is unique, personal and non-transferable. The User Account is always linked to a specific Associate Therapist Account (hereinafter referred to as Associate Therapist Account or Your Therapist). Healthinn shall not be liable for misuse or negligence of the User Account or for the use of the account by any third party other than the individual patient for whom a user name and password has been created by the healthcare professional.
c. A “Therapist Account” allows a Therapist to use “ReHand Generator” and “ReHand Reports” in order to configure and monitor their patients’ exercise programs. It allows you to set up and monitor exercise programs to unlimited “User Accounts”, provided that each User Account created corresponds to a single patient, and that those patients are under the supervision of the Therapist who holds the Therapist Account. A Therapist Account is unique, personal and non-transferable. The Therapist Account may be linked to a particular associated hospital account (“Associated Hospital Account” or “Your Hospital”), if that account has given you access by virtue of being your employer. Healthinn is not responsible for the improper or negligent use of the User Account, as well as the use of such account by third parties other than the specific patient for whom a user name and password has been created by the healthcare professional.
d. A “Hospital Account” allows you to create unlimited Therapist Accounts on the Platform, provided that the Therapist who holds the Therapist Account is an employee of the Hospital who has the capacity to treat patients, and that such Therapist Accounts correspond to one per Therapist.
6. Account registration; Account settings; Passwords.
a. Age restrictions. You may not use the Platform unless you are 18 years of age or older. If you are the parent or guardian of a minor under the age of 18 (hereinafter referred to as the “minor”), you may use the Platform and allow the minor to use the Platform and Services under your direct supervision. You will be solely responsible for all access and use by the minor in your care.
b. Your account information. By creating an Account on the Platform, you AGREE THAT:
b(i) you comply with any age restrictions for use of the Platform, and
b(ii) the information you have provided in your registration (“Account Information”) is true, accurate, current and complete. Upon any change to such information, you will immediately maintain and update your Account Information using the functionality provided through the Platform to be true, accurate, current and complete, or you will notify us in writing when modification is not possible through the Platform.
c. Passwords. You are responsible for maintaining the confidentiality of your password and are not permitted to share or disclose your password to anyone else. You will be solely responsible for the activities of anyone accessing the Platform using any password assigned to you, even if the person is not, in fact, authorized by you. If you have reason to believe that your password has been compromised or used without authorization, you must change it promptly, using the functionality provided in the applicable Platform, or notify us in writing when modification is not possible through the Platform. In the event that we or your Therapist have provided you with a dummy email and/or temporary password for access to your Account, you must change them to a real operational email of your personal ownership and/or password set by yourself. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols). We are not responsible for your decision to continue with fictitious mail and/or temporary passwords. Healthinn cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
d. Therapist passwords. If your Account is linked to a Hospital Account, the person or entity to whom your Account is linked will have access to your Account to view or modify the Content of your Account. In addition, specific members of Healthinn will have access to certain content on the Account to resolve support requests.
7. Termination of service.
b. Termination by us. We reserve the right to disable your password and terminate your access to your Account, regardless of the type of account you have, if:
(ii) for a DEMO Account, without the necessity of any specific event. If we do so, we may also choose to remove the information from your Account and the actions taken on it; or
(iii) you have chosen not to renew your Software License Agreement and/or not to pay your fees.
c. Termination of your User Account by the Therapist or the Associated Hospital Account. If you have a User Account, your Therapist or the Associated Hospital Account has the right to terminate, or instruct us to terminate, your User Account. We have the right to cancel your User Account after receiving instructions from your Therapist or the Associated Hospital Account. If your Therapist or the Associated Hospital Account cancels your User Account or instructs us to cancel it, you will no longer have access to your User Account, unless there is an express request to that effect from the Therapist or the Associated Hospital Account that has cancelled your Account or instructed us to cancel it, provided that the Software License Agreement is in effect.
d. Termination of your User Account for non-renewal of the Associate Therapist Account or the Hospital Account associated with Your Therapist. If Your Therapist or Your Therapist’s Associated Hospital Account is not renewed or cancelled, or we are instructed not to renew or to cancel their accounts, we have the right to terminate your User Account.
e. Termination of your Therapist Account by the Associated Hospital Account. If you have a Therapist Account associated with a Hospital Account, the Associated Hospital Account has the right to terminate, or instruct us to terminate, your Therapist Account. We have the right to cancel your Therapist Account after receiving instructions from the Associated Hospital Account. If the Associated Hospital Account cancels your Therapist Account or instructs us to cancel it, you will no longer have access to your Therapist Account, unless there is an express request to that effect from the Associated Hospital Account that has cancelled your Account or instructed us to cancel it, and provided that the Software License Agreement is in effect.
f. Termination of your Therapist Account for non-renewal of the Associated Hospital Account If the Associated Hospital Account fails to renew or cancels your account, or instructs us not to renew or cancel your account, we have the right to terminate your Therapist Account.
h. Termination by you. If you notify us that you wish to terminate your Account, regardless of the type of account you have, we will immediately take steps to terminate your Account. Upon such termination, we may also elect to remove your Account information or Content. We will not provide any refunds if your Account is terminated under this Section. The early termination of the agreement by you will not in any way entitle you to a refund of the amount paid for the period of time or if you cease to use the product you have signed up for.
i. Other termination or modification. In addition to the above cancellation rights, we have the right to cancel the Services at any time or to modify or change the Services to remove any or all of the Services. In the event that any or all of the Services provided are deleted by unilateral decision of Healthinn, you have the right to request immediate termination and cancellation of your account, with a right to a refund of the unused portion of the fee. This right does not apply when there has been a breach by you under the terms of clause 11 of this document.
8. No medical advice.
THE CONTENT THAT WE PROVIDE THROUGH THE PLATFORM AND THE WEBSITE, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO CLIPS, VIDEO AND AUDIO-VIDEO AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY OTHER USERS OR THIRD PARTIES, IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN LIEU OF:
A) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS;
B) A VISIT, CALL OR CONSULTATION WITH YOUR DOCTOR OR OTHER MEDICAL PROFESSIONALS; OR
C) INFORMATION CONTAINED ON ANY PRODUCT PACKAGING OR LABEL.
OUR CONTENTS DO NOT CONSTITUTE MEDICAL ADVICE. IF YOU HAVE ANY HEALTH CARE RELATED QUESTIONS, PLEASE CALL OR CONSULT YOUR DOCTOR OR OTHER HEALTH CARE PROVIDER PROMPTLY.
IF YOU HAVE AN EMERGENCY, CALL YOUR DOCTOR OR THE EMERGENCY NUMBER IMMEDIATELY YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING MEDICAL ADVICE FOR ANY CONTENT PRESENTED ON THIS PLATFORM.
THE TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, EMAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTH CARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND US.
HEALTHINN IS NOT A HEALTH CARE PROVIDER.
10. Price and payment conditions.
If you access a Hospital Account or access a Therapist Account for which access to the Platform is provided by your hospital or health care entity to which you belong, that is, you have an Associated Hospital Account, the terms of this Clause do not apply to you because your hospital or health care entity will pay Healthinn directly.
You agree to pay the monthly subscription fee(s) at the rates in effect at the time the charges are incurred, including any applicable taxes. Any change in subscription fee(s) will be effective for the next billing period after we notify you of the change.
YOU ARE RESPONSIBLE FOR PROVIDING HEALTHINN WITH DATA FROM A VALID CREDIT CARD OR PAYMENT ACCOUNT AND PAYING ALL FEES ON TIME.
Healthinn’s third party payment processor will automatically charge the credit card or payment account associated with your account at the beginning of the billing period, and billing will automatically repeat at monthly intervals until you terminate your account. If you wish to designate a different credit card or payment account, or if there is a change in your credit card or payment account status, you must change your account information by notifying us in writing at [email protected] ; this may temporarily interrupt your access to your account while Healthinn’s third party payment processor verifies your new payment information. Any change in your chosen payment method will be effective for the next billing period. During the term of your subscription, you may choose to cancel your subscription early, but no refund will be made. Likewise, we will not offer a refund if you decide to stop using the subscription during the Subscription Term.
Healthinn itself does not collect or store payment card information.
If Healthinn’s third-party payment processor is unable to successfully charge your credit card or payment account for fees due, we reserve the right to revoke or restrict access to your account, or cancel your account. If you cancel your account for any reason or if we cancel your account due to your default, such cancellation will be effective immediately, and you will not receive a refund of any amounts you have already paid for that billing period. In addition, you agree to reimburse us for collection fees and interest earned for non-payment of any past due amounts.
We may contact you by e-mail regarding your account for reasons including, but not limited to, a problem with your credit card or payment account.
11. Ownership of the platform and content.
a. Content. The Platform and Content are protected by applicable intellectual property laws, possessing in full the copyright and intellectual property rights thereof.
d. Software. Unless otherwise expressly stated in a license or other agreement separate from this Agreement that you have entered into (or may enter into) with us in connection with any software, code or API available or accessible through the Platform or the Services (collectively, “Software”) (each such license or other agreement, a “Software License Agreement”), we grant you a personal, limited and non-exclusive license to download, install, run and use the Software in accordance with any instructions we provide to you, solely for your own business purposes in connection with your access to and use of the Platform and the Services. Except as expressly set forth in the preceding sentence (or in any applicable Software License Agreement), you are not granted any license or rights, whether by implication, estoppel or otherwise, in or to any Software or any intellectual property rights therein or related thereto, and you may not modify, reproduce, perform, display, create derivative works from, republish, post, transmit, participate in the transfer or sale of, distribute or otherwise exploit any portion of the Software without our prior written permission. Except as provided in this Agreement, any Software License Agreement shall control in the event of a conflict between the terms of this Agreement and that Software License Agreement. At our discretion, we may make available future updates to the Software, if any, which will not necessarily include all existing software features or new features that we release for newer or other products and our Platform.
e. Comments. We encourage you to give us your opinion, comments, ideas and suggestions to improve, expand and modify the Services (“Feedback”). You can send us your comments by email to [email protected] . You acknowledge and agree that all Feedback you provide to us, regardless of the channel of delivery, (i) will be treated as non-confidential, and (ii) will be the sole and exclusive property of Healthinn. Without limiting the foregoing, you acknowledge that your Feedback may be disseminated or used by Healthinn or its affiliates for any purpose, including developing, improving and marketing products. You hereby irrevocably transfer and assign to Healthinn all of your right, title, and interest in and to all Feedback, including all worldwide patent, copyright, trade secret, moral rights and other proprietary or intellectual property rights, and waive any moral rights you may have in such Feedback.
You acknowledge that the Services, the Content, the Platform, the Software and all other databases, software and other technology used to provide the Services and operate the Platform (collectively, our “Technology”) and its structure, organization and underlying data, information and source code constitute our valuable trade secrets. You will not and will not allow any third party to:
(ii) use the Technology in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Technology;
(iii) use automated scripts to collect information from or otherwise interact with the Technology;
(iv) alter, modify, reproduce, or create derivative works from the Technology;
(v) distribute, sell, resell, lend, loan, lease, license, sublicense or transfer any of your rights to access or use the Technology, including, without limitation, providing third party outsourcing, consulting, hosting, providing application services or online services, or making the Technology, or access to it, available to any third party;
(vi) reverse engineer, disassemble, decompile or otherwise attempt to derive the source code or method of operation or any trade secrets incorporated into the Technology;
(vii) attempt to circumvent or overcome any technological protection measures designed to restrict access to any part of the Technology;
(viii) use the Technology to monitor its availability, performance or functionality, or for any other reference or competitive purpose; or
(ix) interfere in any way with the operation or hosting of the Technology, or attempt to gain unauthorized access to the Technology;
(x) prepare derivative works of the Services;
(xi) circumvent our systems, policies and determinations regarding the status of your account, including attempting to access or use the Services if your account has been suspended or terminated or if you have been temporarily or permanently prohibited or blocked from using the Services;
(xii) access, search, collect information from or otherwise interact with the Services, whether by manual methods or by using any software, device, script or robot, or by any other means (automated or otherwise), including “scraping”, “crawling” or “scratching” the Services, to systematically retrieve content in order to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or similar;
(xiii) interfere with, disrupt, damage or compromise the Services or our systems or the access of any user, host or network in any way, including through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, backdoors, packet or IP spoofing, forging email routes or address information or similar methods or technologies or by overloading, flooding, spamming, email bombarding the Services or imposing an unreasonable or disproportionately large load on the Website or Application;
(xiv) access, manipulate or use non-public areas of any of Healthinn’s Services, computer systems or the technical delivery systems of Healthinn’s suppliers;
(xv) probe, scan or test the vulnerability of any Healthinn system or network or its providers, or breach or circumvent any security or authentication measures on such system or network;
(xvi) prevent, circumvent, remove, disable, impair, decrypt or otherwise circumvent any technological measures implemented by Healthinn or any of Healthinn’s providers or any other third party to protect the Services;
(xvii) forge any TCP/IP packet header or any part of the header information in any e-mail or posting, or otherwise use the Services to send altered, misleading or false information to identify the source;
(xviii) attempt to do any of the foregoing, or advocate, encourage, assist or allow any third party to do any of the foregoing;
(xix) publish by any written, telematic or other means any content of the platform, detailing in detail the form of work that includes the Services of the same.
Healthinn reserves the right to investigate and prosecute violations of any and all reports, complaints and grievances, or any other suspected misconduct or violation of law to the fullest extent of the law.
Without limiting the foregoing, you acknowledge that Healthinn has the right, but not the obligation, at any time and without notice, to monitor access to or use of the Services by any user if we believe in good faith that it is reasonably necessary (i) to comply with any law or regulation or to satisfy any legal process or governmental request (e.g., a subpoena, warrant, order or other request from a court, administrative agency or other government body), (ii) to respond to claims asserted against Healthinn, (iii) to enforce and ensure a user’s compliance with the Terms, including investigating possible violations, (iv) to conduct risk assessments, and prevent, detect and investigate incidents of fraud, security and technical issues, (v) to protect the rights, property or safety of Healthinn, its users or members of the public, and (vi) for the purpose of operating and improving the Services (including for customer support purposes).
Cooperation of the users.
You agree to cooperate and assist Healthinn or its representative in good faith in any such investigations, including providing us with such information as we may reasonably request.
Account Suspension and Termination for Failure to Comply.
We may, in our discretion, without liability to you and without limiting our other remedies, with or without notice and at any time, decide to limit, suspend, deactivate or terminate your account in response to a suspected breach of the Terms, and take technical and legal steps to prevent you from using our Services. If Healthinn has suspended your account due to your actual or suspected breach of the Terms, such suspension will continue until the suspected breach is remedied or otherwise resolved to Healthinn’s reasonable satisfaction.
Once your account is terminated, Healthinn shall have the right, but not the obligation, to remove all or part of the information and content submitted, uploaded or otherwise provided by you.
When a problem arises, we reserve the right to consider that user’s performance history and specific circumstances in applying our policies, and to determine the degree of rigor with which those policies should be applied in an effort to achieve a fair outcome for all parties involved.
12. Violation of copyright.
a. Claims of Copyright Infringement. If you have reason to believe that any of the Content on the Platform infringes the copyrights of others, please notify us immediately using the contact information provided below. It is our policy to investigate any allegations of copyright infringement that are brought to our attention.
b. Notification of Claimed Copyright Infringement. If you are the owner of the copyright (or are authorized to act on behalf of the owner of the copyright), please notify us immediately if you believe that (1) any Content displayed on the Platform infringes your copyright or (2) any links posted on the Platform link to materials that infringe your copyright. As soon as we receive your notification of alleged infringement, in the manner described below, we will promptly remove or disable access to the allegedly infringing materials (or that are the subject of infringing activity). Your notification must be in writing and must include the following:
(i) a description of the copyrighted work that you believe has been infringed (or if you believe that multiple copyrighted works have been infringed, a representative list);
(ii) a description of the material that you believe is infringing or is the subject of infringing activity, together with sufficient information to enable us to locate the material on the applicable Platform; sufficient information to allow us to contact you, such as your name, address, telephone number and, if possible, e-mail address;
(iii) a statement that you have a good faith belief that the allegedly infringing use of the material was not authorized by the owner of the exclusive right that is allegedly infringed (the “copyright owner”), an agent of the copyright owner, or the law;
(iv) statement that all information you have provided is accurate; and
(v) a statement, made under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
c. Your Notice. Your notice must be signed (physically or electronically) and must be addressed to: [email protected]
13. Registered trademarks.
a. Ownership of trademarks. The trademarks used or displayed on the Site and Platform (“Trademarks”) are registered and unregistered trademarks of Healthinn and its licensors or affiliates. Access to the site and Platform does not constitute a license to use any Trademark and you may not use any of the Trademarks displayed on the Platform without the express prior written permission of Healthinn or the owner of the trademark.
14. Links to the Platform and RSS feeds.
a. We grant you permission to create hyperlinks to the home page of www.rehand.net or to the Google Play and Play Store application page of the ReHand application. In addition, you are granted the right to implement links from Healthinn social networks available on www.rehand.net for your personal, non-commercial use only as described in the Platform. We reserve the right to revoke these licenses generally, or your right to use specific links, at any time, with or without cause. If you wish to obtain a license to use, distribute or otherwise present our social networking channels for commercial purposes, please contact us at [email protected] and request a license for commercial use. Under no circumstances may you include the Platform or any of its Content or copy parts of the Platform to a server. When accessing a page or image on the Platform from a link (including social network feeds) that appears on your web Platform, each page and image within the Platform must be displayed in its entirety, without any frame, border, margin, design, brand, trademark, advertising or promotional materials that were not originally displayed on the applicable page within the Platform. If you wish to link to any part of the Platform other than that described here, you must sign a separate agreement with Healthinn.
15. Third party platforms.
16. Warranties; Disclaimer.
a. EXCEPT AS EXPRESSLY PROVIDED HEREIN, HEALTHINN HEREBY EXPRESSLY DISCLAIMS, AND YOU DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE RESULT OF THE SERVICES, OUR CONTENT, AND ALL SOFTWARE, PRODUCTS OR SERVICES DESCRIBED OR AVAILABLE THROUGH THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE ARE NOT RESPONSIBLE FOR ANY ACTIONS OF A THERAPIST OR RESEARCHER RELATED TO THE USE OF THE PLATFORM. YOU WILL NOT BRING ANY CLAIM YOU MAY HAVE AGAINST A SPONSOR, THERAPIST OR HOSPITAL AGAINST HEALTHINN.
17. Limitation of liability.
a. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE, ON BEHALF OF OURSELVES AND OUR EMPLOYEES, AGENTS, SUPPLIERS AND CONTRACTORS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HEALTHINN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES AND THE PLATFORM, OR OTHERWISE RESULTING FROM (1) the use or inability to use the services or the Platform; (2) the cost of acquiring substitute products and services as a result of any goods, content, data, information or service acquired or obtained, or messages received or transactions made through or from the Platform; (3) unauthorized access to or alteration of its transmissions, content or data; (4) statements or conduct of any third party on the Platform; or (5) any other matter relating to the Platform. YOU ASSUME FULL RESPONSIBILITY FOR ESTABLISHING SUCH DATA BACKUP AND VIRUS CONTROL PROCEDURES AS YOU DEEM NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS.
b. Also, any harm caused to a patient by using the Services other than as established by Healthinn is not the responsibility of Healthinn and rests entirely with the health care professional responsible for implementing it.
19. Compliance with Laws.
You agree to use the Platform in compliance with all applicable laws.
20. Jurisdictional issues.
d. Legal expenses. If either party fails to comply with this agreement and the performing party files a legal claim against it, all court and out-of-court expenses corresponding to such failure shall be borne by the failing party.
f. Waiver. Failure to insist upon strict compliance with any of the terms, covenants and conditions herein shall not be deemed a waiver of such terms, covenants and conditions, nor shall it be deemed a waiver of any right or power hereunder on one or more occasions. No waiver shall be valid unless made in writing and signed by an authorized officer of Healthinn.