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Therms of Service
A
Written by Andri Marteinsson
Updated over a week ago

1 - Introduction

1. PT has developed a web-based platform (fjarmedferd.is/ptassistance.com) which enables

professionals to manage exercise programs for their clients, including monitoring and communicating to improve their performance.

These Terms of Service apply to the use of PT exercise programs (hereinafter “PT”).

By using the Service, you agree to the Terms of Service and enter into an agreement with PT (hereinafter “Agreement”) If you do not wish to agree to the Terms of Service, you cannot use the Service.

2. We advise you to read these Terms of Service carefully so that you are aware of your rights and responsibilities when using PT´s Service. Questions about the Terms of Service should be sent to andri@ptassistance.com

2 - General

1. PT reserves the right to amend or supplement these Terms of Service at any time by posting an updated set of terms and conditions to the Website. The amended or supplemented Terms of Service will be brought to your attention by email to the address registered with your Account and by notice on the Website before the date on which such updated terms and conditions are due to come into effect.

If you continue to use the Service after that date, you irrevocably accept the amended or supplemented Terms of Service.

3 - Service and availability

1. The Platform is made accessible by PT through the Website ptassistance.com/fjarmedferd.is

To obtain access to the Service, you must have a registered account.

2. Subject to your full and continued compliance with all obligations pursuant to these Terms of Service, PT grants you a limited, personal, revocable, non-exclusive, non-sub-licensable and non-transferable right to use the Service, including the Platform for the above purposes.

3. PT will make reasonable efforts to provide the Service with due care. You accept that the Service, including the Platform, only contains the functionalities and other characteristics as described in the current documentation as set out at the moment of your use (“as is” and “as available”). Each and every use of the Service is at your own risk and responsibility. PT does not warrant that the provision of the Service will be uninterrupted or error-free and PT does not accept responsibility for any part of the service provision infrastructure (including without limitation the internet) which is outside its reasonable control.

4. PT is at all times entitled, without in any way becoming liable to you:

- to make procedural and technical alterations and/or improvements to the Platform and/or the Service; and

- to temporarily discontinue or limit the Service or your Account if, in its view, this is necessary, for example for purposes of preventive, corrective or adaptive maintenance. PT will notify you of the temporary unavailability or restricted use of the Service insofar and as soon as reasonably possible.

4 - Requesting data deletion

To have your user account deleted send a request to andri@ptassistance.com and the email you use to log in to the account and you want to be deleted.

5 - Your obligations

1. In using the Service, you are not permitted to perform any acts as listed below: - make content (including all information, data or material such as exercise programs (hereinafter “Content”)) available which, at the discretion of PT, is discriminatory or is otherwise deemed hurtful, offensive or inappropriate; - deal with personal data, other than in compliance with applicable law; - make Content available which contains viruses, Trojan horses, worms, bots or other software which can cause any interference, loss or damage to the Platform or any data or make it unusable or inaccessible or delete it, or which can appropriate it or which is intended to circumvent technical protection measures of the Service, the Platform and/or the computer systems of PT; - make or transmit any unwanted or unsolicited material or Content (spam); - make Content available which could prejudice the interests and reputation of PT.

2. PT reserves the right, without prior notice, to abridge, alter, refuse and/or remove any Content in its absolute discretion and liability.

3. Breaches of this article 4 may lead to suspension or termination of the right to use the Service and PT shall in any case be able to claim full damages for any breach of this article 4.

6 - Liability

1. To the maximum extent permitted by law, PT shall not be liable for any loss (including direct and indirect loss and damage), howsoever caused (including through our negligence), suffered or incurred by you arising from or in connection with: - your access to, or use of, the Service, any Content (including PT materials, user posted content and exercise programs) or any linked site; - any decision or action taken by you in reliance on any Content (including PT materials and user posted content); - any error or defect in the Service; or - any contravention by any other user of any applicable laws.

2. Your right to claim damages against PT whether in contract, tort or on any legal theory whatsoever is dependent upon your informing PT promptly as soon as you become aware of any facts or matters giving rise to such claim and in any event within three weeks of becoming aware of such facts and matters.

3. Nothing in this clause shall operate to exclude or limit the liability of either party: - for death or personal injury caused by that party’s negligence; - for fraud or fraudulent misrepresentation; or - for any other loss or damage which may not be validly excluded or limited by law.

7 – Information on the Service

1. We do not warrant or represent the accuracy, completeness or suitability for your intended use of any information (including, without limitation, any Content) on the Service. You are responsible for the use of any such information and you should make your own enquiries to check if the information is accurate, complete and suitable for your intended use.

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

3. PT does not endorse or recommend any information on the Platform or made available through the Service.

4. If you are a patient, there is always the possibility of physical injury and/or death when participating in any exercise or exercise program. If you feel discomfort or pain, you should immediately stop the activity causing such discomfort or pain and contact your healthcare provider or an ambulance in the case of a medical emergency. By using the Service, you represent that you have fully informed your healthcare provider of your medical history and existing condition and have received their consent to participate (and continue to participate) in the programs and exercises available to you on the Service.

5. The Service may from time to time contain links to internet sites maintained by third parties. Such links shall be provided for your convenience and are not under PT´s control. PT 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. PT does not endorse any information on linked sites or any associated organisation, product or services.

8 - Warranties and indemnifications

1. PT does not guarantee: - that the Service shall be available to you at all times and without interruptions, faults or disturbances; - that the Service shall be effective or the use of the Service shall lead to certain results; or - that the information provided through the Service shall be accurate, up to date and complete.

2. PT is not responsible for (and expressly disclaims all liability to you): - the purchase and/or the proper operation of your infrastructure; - loss, damage, inaccuracy and/or incompleteness of any Content; - transmission errors, malfunctions or non-availability of any computer, data or telecom facilities, including the internet; - any unauthorized use or attempted use of the Service; - making backup copies of any Content; or - the management, including checking the settings, the use of the Service and the manner in which the results of the Service are used.

3. PT may provide application programming interfaces to allow integration of the Service with other services and platforms. PT is not responsible for (and expressly disclaims all liability to you) for such other services and platforms which the Service integrates with or which integrate with the Service.

Last updated in February 2024

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