Terms and Conditions

Terms & Conditions

Last Update: December, 7th 2022

Introduction

Exakt Health (”Exakt Health”, “we”, “us” or “our”) provides its Users (”User”, “you” or “your”) with content and digital care through a variety of channels including exakthealth.com (the “Website”) or through our mobile application (the “App”) [Collectively the “Services”]. Please read the Terms and Conditions carefully before accessing any of our Services. By accessing or using the Service, you agree to be bound by these terms and conditions as well as our Privacy Policy (collectively known as “Agreement”). If you do not accept our Terms & Conditions or our Privacy Policy, please immediately stop using our Services.

By downloading the App - from the Apple AppStore or the Google Play Store - or accessing our Website, and any update thereto, you indicate that You agree to be bound by all of the terms and conditions of this license agreement.

Any failure to comply with these Terms may mean a termination of your account and access to our Services, and you may be subject to civil and criminal penalties.

Eligibility

The Services are only offered to individuals over the age of 18.

The App is not a replacement for medical treatment. You are solely responsible for your usage of the App.

The exercise plans in the App are only meant to be used for the specific conditions stated. Do not use the exercise plans for any other injuries.

The App should only be used if You have been diagnosed with such a condition by a medical professional. Always consult a medical professional before you use the App to ensure that your diagnosis is correct and your injury is ready to start exercises such as those included in the App.

If any of the below may apply to you, do not use the App unless you have received a medical examination from a physician clearing you for use of the App or the specific physical exercises used in the App. If you have or think you may have any other serious health condition, do not use the Services and contact your doctor for further medical evaluation.

Do not use the Exakt Health App if you have any health condition that may pose a risk to you when you use the app, including the following:

Other injuries. Do not use the app if you have any other injuries or pain in the rest of your body (other than the injury that you’re using the app for), unless you have received a medical examination from a physician clearing you for the physical exercises used in the App.
Surgery. Do not use the App if you have had previous surgery to any part of your body, unless you have received a medical examination from a physician clearing you for physical exercises such as those used in the App.
Joint infection. Do not use the App if you have or have had a recent joint infection, or joint pain combined with fever, excessive night sweating, unexplained weight loss, and/or unexplained fatigue, unless you have received a medical examination from a physician clearing you for physical exercises such as those used in the App.
Conditions affecting your control over your body. Do not use the App if you have any conditions associated with impaired control over your body, such as neurological conditions.
Gait imbalance or history of falls. Do not use the App if you have gait imbalances, a history of falls or if you have dizziness or low blood pressure that is induced by exercise.
Pregnancy. Do not use the App if you are or think you may be pregnant.
Decreased bone density (osteoporosis or osteopenia). Do not use the App if you have a history of low bone density (bone loss related to age or other medical reasons) unless you have received a medical examination from a physician clearing you for the physical exercises used in the App.
Heart disease. Do not use the App if you have a history of heart disease or other unexplained cardiovascular complaints (such as palpitations, shortness of breath, leg edema).
Coagulopathy or history of clotting or bleeding event. Do not use the App if you have a history of hemorrhage or bleeding events, blood clots, or if you have a coagulopathy or inherited bleeding disorder.
Diabetes. If you have diabetes, only use the app if you have received a medical examination from a physician clearing you for the physical exercises used in the App, and instructing you in how to manage your diabetes safely when doing the physical workouts in the App.
Asthma. If you have asthma, only use the app if you have received a medical examination from a physician clearing you for the physical exercises used in the App, and instructing you in how to manage your asthma safely when doing the physical workouts in the App.
Systemic inflammatory condition. If you have a systemic inflammatory condition (such as rheumatoid arthritis and spondyloarthritis), do not use the App if you are experiencing an acute flare-up of your condition, and only use the app if you have received a medical examination from a physician clearing you for the physical exercises used in the App, and instructing you in how to manage your condition safely when doing the physical workouts in the App.
Viral infection (like corona or flu). Do not use the app if you have a viral infection or have recently recovered from one. Once recovered, only use the app if you have received a medical examination from a physician clearing you for the physical exercises and workouts used in the App.

The Exakt Health App does not replace the diagnosis or treatment by a medical professional. If your symptoms worsen while using the App, please stop using the App and seek medical help immediately.

International Users

These Terms of Service only apply to US users. If you are accessing the Services from the European Union, please refer to our E.U guidelines to review the Terms of Service applicable to you. You are strongly discouraged to use our Services from any part of the world where they may be illegal. If you do so, please note that you are doing it at your own risk and are solely responsible for complying with the all the local laws and regulations.

Exakt health does not provide any Medical Advice

The App and Services are specifically intended for the purpose of supporting the Users recovery or helping the User to prevent sports injuries. The services can be used to follow and track the exercise schedule. Suggestions for exercises are made based on the Users input of information about the experience with pain and difficulty level of an exercise.

Exakt Health or its Services do not provide any medical advice.

Content made available to users through our Services are for informational purposes only and must not be substituted for actual medical advice, diagnosis or treatment. It is imperative that you consult a qualified physician before deciding on personal healthcare.

If you rely on Exakt Health and its Services, you do so at your own risk. We do not recommend delaying professional medical treatment because of information you obtain through our Content or Services or otherwise provided by us.

Changes

Exakt Health reserves the right to, at any time, amend this Agreement without prior notice to its Users. You are encouraged to review these Terms & Conditions on a periodic basis to stay up to date and safeguard yourself from any liability that you may face as a direct result of changes being made to this Agreement. An update will be indicated by the date posted along with the updated version and will be effective immediately.

Please note that your continued use of our Services will serve as your acceptance to our updated Terms & Conditions.

We may also provide updates to our App which would include bug fixes, new plans and/or other things to improve the functionality of the App and provide a better experience to our Users. Users are encouraged to keep their App updated either by enabling automatic updates or by manually updating the App in their mobile system to ensure that the App keeps working in the manner intended.

Subscriptions

We offer you access to all content within the App via a fee-based subscription “Full Access”. You will only have Full Access to the App content while your paid subscription is active and subsisting.

New users installing the App have access to a free trial period to be able to access the content of the App for a limited amount of time. This free trial does not automatically convert to a paid subscription. If users wish to continue having access to the App content, they need to actively subscribe to a paid plan (”Opt-in”).

You may purchase a subscription to get Full Access trough the Apple iTunes Store, our iPhone application, or the Google Play store. The sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds. If you purchase a subscription through the Google Play store, the sale is final and we will not provide a refund. Your purchase will be subject to Google’s applicable payment policy, which also may not provide for refunds.

You may access Full Access via a monthly, 3-month or 6-month subscription option. For the purposes of our monthly subscription, a month constitutes 30 calendar days.

The subscription is paid for by an upfront payment for the period chosen with automatic renewals. You acknowledge and agree that the renewal subscription fees will continue to be billed to the Payment Method you provided until cancelled. You must cancel your subscription before it renews in order to avoid billing of the next month’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.

You agree to promptly notify Exakt Health of any changes to the Payment Method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you.

In the course of your use of the Full Access, Exakt Health and its third party payment service provider may receive and implement updated credit card information from your credit card issuer in order to prevent your subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to Exakt Health and Exakt Health’s third party payment service provider at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer.

Cancellation

You may cancel a subscription at any time. If you purchase a subscription through the Apple iTunes Store or our iPhone application, you may cancel your subscription by cancelling automatic renewal of paid In App Subscriptions by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify. If you purchase a subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play. Cancellation is effective at the end of the applicable subscription period.

Promotion and Discount Codes

Any promotion code or offer provided by us may not be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new users of our Services, except where expressly stated otherwise. Previous users or trial users of the Services do not qualify as new users. Unless otherwise set forth in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the subscription, and any renewals will be charged at the non-discounted rate for the type of subscription purchased.

Use of Your Information/Privacy Policy

Exakt Health will use information provided to us as outlined in our Privacy Policy. The purpose of our Privacy Policy is to make known to our User how we may collect, use and share their information with other third party providers. The Privacy Policy also outlines the User’s right in regards to their Personal Information they may provide to us in order to receive or have access to our Services. Exakt Health follows the Health Insurance Portability and Accountability Act (”HIPAA”), where applicable.

User Conduct Guidelines

You are given a revocable, non-exclusive, non-transferable, non-sublicensable limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use.

You shall not:

decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
violate any applicable laws, rules, or regulations in connection with your access or use of the application;
remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or
use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

The license granted to You for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;

we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.

Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to persecution and damages.

The company reserves the right to modify the terms and conditions of this licensing agreement.

Intellectual Property Rights & Licenses

Services offered to you, through our Website, mobile application and all other features, functionality, tools and Content are the sole property of Exakt Health. The User is granted non-exclusive, limited and revocable right to these Services, for personal purposes only, pertaining that they comply with the Terms & Conditions set forth in this Agreement.

All materials made available to Users through the Services may only be used in accordance with terms set forth in this Agreement and for personal use, not commercial. No other use is authorized without express consent of Exakt Health.

Without limiting the foregoing, you agree that the trade names, logos and any other trademarks and services associated with Exakt Health are the property of Exakt Health. You are given a revocable, non-exclusive, non-transferable, non-sublicensable limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms & Conditions.

You may not use, copy, reproduce, distribute, license, sell, transfer, publish, post, publicly display, publicly perform, transmit, broadcast, adapt, modify, prepare derivative works based upon, or otherwise exploit any features, functionality, tools or content of the Services in any form or by any means, or sublicense the rights granted in the Terms, except as expressly permitted herein, without the prior written permission of Exakt Health or the intellectual property owner, as applicable.

Feedback

Our Users are encouraged to provide feedback through our contact form or otherwise by reaching us by e-mail at the address, [email protected]. Your feedback can contain suggestions, ideas, comments or improvements to our Services. You acknowledge that all feedback received will be treated as non-confidential and will be the exclusive property of Exakt Health. You hereby irrevocably transfer and assign to Exakt Health all of your right, title, and interest in and to all Feedback, including all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback.

Third Party Terms

Apps Downloaded from Third Party Stores

Exakt Health provides an App which can be downloaded and accessed using a third party service provider such as the App Store or the Play Store. You must comply with third party terms, including the End User License Agreement, when downloading, installing, accessing or using the App.

You agree that these terms are between you and Exakt Health. Your use of either the App Store or Play Store must comply with Terms & Conditions set forth set by the respective third parties. If you fail to download from these third parties, you may contact them in order to resolve the matter. By downloading the App, you also agree that these third party providers do not hold any responsibility for addressing any claims that you might have including product liability claims; any claim that the App Store/Play Store Download fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection or similar legislation. As User of Services offered by Exakt Health, you also acknowledge and agree that third party companies and their subsidiaries are third-party beneficiaries of the Terms as related to your license of the App Store/Play Store Download, and that, upon your acceptance of the terms and conditions of the Terms, these third parties will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Download against you as a third party beneficiary thereof.

You must comply with all third party terms & conditions when using the App Store/Play Store Download.

Warranty, Limitation of Liability and Indemnification

By using the Services provided to you by Exakt Health, you agree that you have the power and legal authority to accept and agree to the Terms & Conditions set forth on behalf of yourself or as a legal guardian of someone else and you own all the legal rights to the information you provide. You also accept that all information provided to Exakt Health or its employees is complete, true and accurate when provided.

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, EXAKT HEALTH EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE OR RIGHTFUL CLAIM, WARRANTIES AS TO THE RELIABILITY OR AVAILABILITY OF THE SERVICES, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, WARRANTIES AS TO THE COMPLETENESS, ACCURACY OR TIMELINESS OF ANY CONTENT. NONE OF EXAKT HEALTH, ITS SUPPLIERS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE OR THE INFORMATION, SERVICES, AND MATERIALS CONTAINED THEREIN ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, SERVICES, AND MATERIALS PROVIDED ON THE SERVICE; THEY ALSO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICE FOR ANY REASON.

Limitation of Liability

We have created rehabilitation plans based on the latest available scientific evidence combined with clinical expertise, but this does not guarantee that using the plans will result in recovery. The success and achievement of the associated clinical benefits depend on many factors, unique to the user, which are not controlled by Exakt Health. Therefore we cannot be responsible for the success of the rehabilitation plans. Please note that:

Information provided through our Services or Content in no way constitutes medical advice and must only be interpreted as information. The Services and Content also do not facilitate the substitution of a qualified healthcare professional;
The entire risk arising out of or relating to the use of our Services stays with the User;
You acknowledge and agree that by accessing and using or viewing the Services, platform or Content you do so at your own risk and you hereby release Exakt Health and waive any and all claims and causes of action with respect to any damages caused by an of the foregoing;
Exakt Health is not responsible for damages or deterioration in health caused by a partial or full unavailability of the App;
Exakt Health is especially not liable for the success of the rehabilitation plan or a possible deterioration in health if the user has not followed the indications when not to use the App;
Exakt Health is not liable for possible aggravations of the injury or deterioration in health if the user does not follow the detailed exercise and program instructions in the App or if the deterioration in health is associated with a different health condition of the user than the injury targeted by the rehabilitation plan.
We endeavor to provide Content on our website and blog that is current and based on the latest research and clinical practice as at the date of initial publication. We further attempt to update old posts as new information becomes available, but We do not guarantee its currency.
YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE SERVICE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

By accessing the Services provided by Exakt Health, you agree to indemnify, defend and hold harmless Exakt Health and any of its affiliates, employees, directors and representatives from any third-party liability, loss, bodily injury, illness, death, claim, suit, damage, and expense (including reasonable attorneys' fees and expenses) related to (i) your violation of this Agreement; (ii) your misuse of the Service, including any features, functionality, tools, content or promotions available through the Service; (iii) your misrepresentation, gross negligence or willful misconduct; and (vi) your breach of federal, state, local, or other applicable laws or regulations.

Applicable Law

The Terms shall be governed by and interpreted in accordance with the laws of the state of Germany without regard to conflict of law principles.

Miscellaneous

If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid provisions will be replaced by valid ones formulated in a way that will achieve the primary purpose;
Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing;
Collection and use of information about data is disclosed in our Privacy Policy;
This Agreement constitutes an entire and exclusive understanding and agreement between you and Exakt Health regarding the use of our Services and supersedes any previous agreements between you and Exakt Health;
Any notices or other communications permitted or required, including those regarding modifications to the Terms, will be in writing and given by Exakt Health by posting to the Website or via the App;
Our failure to exercise any right or enforce any obligation under these Terms of Use or to take action with respect to a breach by you or others will not constitute a waiver of such right, obligation or breach. The waiver of any right, obligation or breach will be effective only if in writing and signed by a duly authorised representative of Exakt Health. In addition, no waiver granted in any instance shall constitute a waiver in any other instance;
Except as otherwise expressly set forth herein, the Terms do not and are not intended to confer any rights or remedies upon any person other than the parties hereto;
Except as otherwise provided in the Terms, if an arbitrator or a court of competent jurisdiction finds any provision of the Terms to be invalid, void or unenforceable, in whole or in part, for any reason, the offending provision will be enforced to the maximum extent permissible and will not affect the validity or enforceability of the remaining provisions, which will remain in full force and effect.

Contact

If you have any queries, comments or requests relating to our Terms & Conditions please email us at [email protected] or write to us at:

Exakt Health GmbH

c/o Billaudelle

Ebersstraße 18

10827 Berlin

Germany