Terms of Service

No Medical Advice

You acknowledge and agree upfront that the Service and content available through the Service are not a substitute for a healthcare professional's professional judgment in diagnosing and treating patients and you will use your own professional judgment in relation to the foregoing. Neither Progo nor the Service, content, devices or software gives medical advice or provides medical or diagnostic services. Reliance upon the Service, content, devices or software by you or any of your authorized users (defined below) is solely at your and their own risk. You acknowledge and agree that Progo is in no way responsible for the use of any pharmacological, medical, legal or similar information contained in, entered into or used in connection with the Service and you and authorized users, as applicable, should verify the accuracy of the information and completeness of such information whenever necessary to do so for providing healthcare services. You acknowledge and agree that the use of the Service by you and authorized users for any purpose related to patient care should be under the supervision of a healthcare professional. As between Progo and you, you shall be solely responsible and liable for your treatment and care of patients, including all responsibility for personal or psychological injury or death.

1. The Service Overview

To the fullest extent permitted by law, You assume all risk and Progo is not responsible for any harm to You or others that may occur from Your use of the Service. You may not access or use the Service for any other purpose than as permitted by Progo under these Terms. You may access the Service only if authorized by an Organization that has purchased the right to use the Service ("Progo Customer"). Your access is subject to the discretion and control of the Progo Customer as well as Progo under these Terms.

2. Responsibility for Authorized Users

"Authorized User" means each individual user of the Service permitted to use the Service by You, including personnel, other organizations, and patients. For the avoidance of doubt, the Organization is responsible and liable for any non-compliance with these Terms by its Authorized Users. You are responsible for any and all acts and omissions by the Authorized Users and their accounts in connection with the Service; the content and data transmitted to or from the Service by You or Authorized Users, or their accounts; and for the effects of any breach of security in connection with the activity of Authorized Users' accounts in connection with the Service.

You are solely responsible for Your and the Authorized Users' interactions with patients in connection with and separate from the Service. You are responsible for ensuring that all diagnoses are carried-out by a healthcare practitioner, and all exercises and/or other actions to cure, mitigate, treat, or prevent disease or other conditions are prescribed and carried-out by a healthcare practitioner. You are solely responsible for obtaining, installing, maintaining and operating all necessary software, hardware or other equipment to use and access the Service. Your responsibility shall also include utilizing up-to-date web browsers, antivirus, anti-spyware and internet security software. Progo entities or licensees and licensors shall not bear any responsibility or liability for interruption, non-performance of the Service or for loss and theft of personal data which results owing to the aforementioned factors.

3. Binding on Your Organization

When you accept these Terms, you agree to it on your individual behalf and on behalf of the Organization (and its Affiliates) by which you are employed or engaged and for whose benefit you are using the Service ("Organization"). In these Terms of Use, "You" shall mean the person using the Service and the Organization on whose behalf the person is using the Service.

4. Eligibility

By agreeing to these Terms, You represent and warrant to us that:

• You are authorized by the Organization to agree to the Terms on its behalf;
• You are of legal age to enter into a binding agreement;
• You have not previously been suspended or removed from the Service;
• Your registration and Your use of the Service is in compliance with all applicable laws and regulations; and
• You have read and agree to our Privacy Policy, as further described in Section 14 below.

5. Accounts and Registration

To access most features of the Service, You must register for an account. When You register for an account, You may be required to provide us with some information about Yourself, such as Your email address and password. 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. You understand and agree that as part of the registration process we may use this information to verify Your eligibility to use the Service. When You register, You will be asked to provide a password. You are solely responsible for maintaining the confidentiality of Your account and password and You accept responsibility for all activities that occur under Your account. If You have reason to believe that Your account is no longer secure, then You must immediately notify us at contact@canvaspx.com.

6. Payment

You shall pay the fees to Progo in accordance with these Terms and the terms posted on the web pages during Your purchase of access to the Service. You authorize Progo, through its payment processor, to charge a fee to the payment method You provide which shall be due on the first date of Your initial billing period and Progo shall be authorized to continue charging the same fee in advance for each subsequent billing period. All fees are non-refundable, to the fullest extent permitted under applicable law.

Progo reserves the right to change the fees for the Service, including by adding additional fees or charges at any time. If You do not accept the changes, You may unsubscribe from the Service according to these Terms. If You pay any fees with a credit card, Progo may seek pre-authorization of Your credit card account prior to Your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover Your purchase.

Unless otherwise provided, the Fees do not include any taxes or duties (including sales, use, value-added and withholding taxes and duties) and related fees ("Taxes"), and You are responsible for paying all Taxes arising from Your purchases hereunder. If You do not pay the amounts due to Progo under these Terms, such amounts will bear interest from the due date until paid at a rate of one and a half percent (1.5%) per month or the maximum rate permitted by law, whichever is greater, without limiting Progo's other rights and remedies.

If a cancellation occurs within 10 days from renewal of the subscription period, the cancellation shall take effect at the end of, and Progo reserves the right to charge for the subsequent subscription period. Failure to provide full and timely payments may result in an immediate default without advance demand or notice. In which case, Progo may immediately terminate or suspend Your access to, and use of, the Service, in whole or in part, until outstanding payments including any interest owed are made in full.

7. Licenses

a. Limited License

Subject to Your ongoing compliance with these Terms, Progo grants You and Authorized Users a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to (i) install the mobile application(s) associated with the Service, and use such mobile applications so installed, solely in object code format on devices that You own or control, and (ii) access and use the Service, and for (i) and (ii) solely for business use for conducting clinical consultations, assigning Progo's and Your video exercises available through the Services to users, managing home exercise programs and collecting user report outcomes.

b. License Restrictions

Except and solely to the extent permitted by applicable law notwithstanding these restrictions, You may not at any time, directly or indirectly and may not permit any other person or entity to: (i) reproduce, distribute, publicly display, or publicly perform the Service or any part thereof; (ii) reverse engineer, decompile, or make modifications to the Service or any part thereof; or (iii) interfere with or circumvent any feature of the Service or any part thereof, including any security or access control mechanism. If You are prohibited under applicable law from using the Service, You may not use it.

c. Reservation of Rights

Progo reserves all rights not expressly granted to You in these Terms. Except for the limited rights and licenses expressly granted under these Terms, nothing in these Terms grants, by implication, waiver, estoppel, or otherwise, to You or any third party any intellectual property rights or other right, title, or interest in or to the Progo intellectual property.

d. Open-Source Software

The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute such components ("Open Source Components"). Although the Service is provided to You subject to these Terms, nothing in these Terms will be deemed to prevent, restrict, or otherwise prevent or restrict You from obtaining such Open Source Components under the applicable third-party licenses or to limit Your use of such Open Source Components thereunder.

e. Consent to Communications

By providing us with Your contact information and using the Service, You agree to receive e-mail communications and SMS from or on behalf of Progo using the Service at the email address You provided and the mobile device on which You installed the Service. These messages may be for informational purposes, such as to provide You with the information You requested, or to seek Feedback from You regarding the Service, send messages relating to; login and password information for usage of account, notifications and reminders relating to programs and questionnaires assigned to patients by practitioners, updates to services and terms of service of Progo and facilitating incoming calls between practitioners and patients.

If You wish to opt out of marketing emails from Us, You can unsubscribe by following the unsubscribe options in the marketing email itself. You understand and agree that You may continue to receive communications while Progo processes Your opt-out request, and You may also receive a communication confirming the receipt of Your opt-out request.

8. Notifications and Automatic Alerts

Under some circumstances, Progo may present You with notifications, prompts with links to additional information, or suggested actions based on Progo's analysis of Your Communications Data and other information You have provided to Progo. Progo makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of any push notifications. You accept that any reliance on these notifications will be at Your own risk, and Progo disclaims all liability arising from Your use of them or reliance upon them. You agree that Progo may send notifications to Your mobile device for Service-related or marketing purposes, if they are enabled, provided that we do so in accordance with the Progo Privacy Policy. You may turn off push notifications through Your application settings.

9. Prohibited Conduct

By using the Service you agree not to, directly or indirectly and may not permit any Authorized Users or any other person to violate the Acceptable Use Policy.

10. Security of your Account

Where You have registered an Account, You are responsible for keeping the identifiers associated with that Account secret. As soon as You know or have reason to suspect that the identifiers are no longer secret, or that the Account is being abused or security has been compromised, You must notify Progo immediately and take all necessary steps to prevent unauthorized access including changing relevant identifiers and taking other security measures as recommended by your infrastructure provider.

You are not permitted to:

• Provide information to Progo during Account registration that is not accurate, complete and up-to-date;
• Create more than one Account for the same individual user; or
• Share an Account.

You, as the healthcare practitioner, may download from the Service their patient's exercise program and compliance history strictly for the purpose of maintaining the patient's records and must not sell, redistribute or use for any other purpose. You may not use any means for the export and/or download of Your patient's exercise program and compliance history, other than the means expressly provided for such purpose by Progo. Patients may download from the Service their exercise programs and account details strictly for their personal, non-commercial use only, provided they keep intact all copyright and other proprietary notices.

11. Third-Party Services and Linked Websites

Websites and services provided by third parties are not under our control, and we are not responsible for any third party services. The Service may also contain links to third-party websites. Linked websites are not under our control, and we are not responsible for them or their content. Progo may provide application programming interfaces to allow integration of the Service with other services and platforms. Progo is not responsible for (and expressly disclaims all liability to You and any third party in respect of) such other services and platforms which the Service integrates with or which integrate with the Service. Progo does not endorse any information on linked sites or any associated organization, product or services.

12. Information on the Service

12.1 All exercises available on the Service are demonstrations only. You acknowledge that healthcare practitioners are responsible to ensure that any exercises and exercise programs created for a patient are appropriate for that patient.

12.2 Progo does not endorse or recommend any information on the Platform or made available through the Service. All information contained on the Platform and through the Service is for personal use only and may not be sold, redistributed or used for any commercial purpose.

12.3 There is always the possibility of physical injury when patients are participating in any exercise or exercise program. You represent that your patients have informed You, as their healthcare practitioner, of their medical history and existing conditions and have received their consent to participate (and continue to participate) in the programs and exercises available to them on the Service. You represent that You have informed Your patients that if they feel discomfort or pain, they should immediately stop the activity causing such discomfort or pain and contact their healthcare practitioner or an ambulance in the case of a medical emergency.

12.4 Progo is not responsible for the contents (including the accuracy, completeness or suitability for Your intended use) of any linked site or any link contained in a linked site. Progo does not endorse any information on linked sites or any associated organization, product or services.

12.5 If the healthcare practitioner is transferring a patient from Progo to another service provider, it is the responsibility of the healthcare practitioner to ensure that it maintains its records relating to the patient in accordance with law.

13. Termination of Use

You may terminate Your account at any time by following the prompts in the Platform or by contacting customer service at contact@canvaspx.com. Your termination will take effect at the end of the current billing period unless Your termination notice is received by us fewer than ten (10) days before the end of the billing period in which case the termination will take effect at the end of the following billing period.

If You violate any provision of these Terms (including payment obligations), Your permission from us to use the Service will terminate automatically. In addition, Progo may in its sole discretion terminate Your user account on the Service or suspend or terminate Your access to the Service at any time if You violate any provision of these Terms, if we no longer provide any part of the Service, or for another reason, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to You.

To the fullest extent permitted under applicable law, we will have no liability whatsoever on account of any change to the Service or any suspension or termination of Your access to or use of the Service. Upon the termination of Your account, any aspect of the Service, or these Terms for any reason, Progo will delete any data You submitted through the Service within 30 days (and delete from 'back up' within another 90 days) in accordance with the Progo Data Retention Policy.

14. Privacy Policy; Additional Terms

a. Privacy Policy

Please read the Progo Privacy Policy carefully for information relating to our collection, use, storage and disclosure of Your personal information. The Progo Privacy Policy is incorporated by this reference into, and made a part of, these Terms. You explicitly consent to the collection, hosting, use, disclosure and other processing or handling of Your personal information (including sharing data with third party providers) as described in the Progo Privacy Policy.

b. Additional Terms

You acknowledge that Your use and the use by end-users of the Service is subject to all additional terms, policies, rules, or guidelines to the extent applicable to the Service or certain features of the Service that we may post on or link to from the Service from time-to-time (the "Additional Terms"), such as end-user license agreements for any downloadable software applications, our informed consent forms, if applicable, or rules that are applicable to a particular feature or content on the Service, subject to Section 15. All Additional Terms are incorporated by this reference into, and made a part of, these Terms (as applicable).

15. Modification of these Terms

We reserve the right, at our discretion, to change these Terms at any time. The updated Terms will be published on our website. If a change to these Terms modifies your rights and obligations, we may notify you of the modified Terms by email to the address you have provided in your user profile. Modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

16. Ownership; Proprietary Rights

The Service is owned and operated by Progo. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, videos, content, information, and all other elements of or available through the Service ("Materials") provided by Progo whether registered or unregistered, or pending application for registration in any other jurisdiction are protected by intellectual property and other laws. All Materials included in the Service are the property of Progo or our third-party licensors. Except as expressly authorized by Progo. You may not make use of the Materials. Progo reserves all rights to the Materials not granted expressly in these Terms.

Nothing in the Terms and Conditions of Service is intended to entail any transfer of intellectual property rights to You. You further undertake and agree not to assert any rights of title of such intellectual property rights (including foreground intellectual property) whether in law or equity in any jurisdiction. Subject to the other terms of these Terms of Service, by making available or uploading Content to the Service, You automatically grant Progo a cost-free, worldwide, irrevocable, sub-licensable and transferrable right to use this Content insofar as is related to the provision of the Service.

Contact Us

If you have any questions about these Terms, please contact us at contact@canvaspx.com.