Terms and conditions

Terms and conditions

1. Preamble: This Agreement is made effective as of the date of its acceptance [hereinafter: Effective Date] It governs the relationship between Customer, a private person, (hereinafter: Customer) and PhysicalTech s.l., a duly registered company in Spain whose principal place of business is Barcelona, Spain (Hereinafter: Licensor). This Agreement sets the terms, rights, restrictions and obligations on using [ADIBAS Posture] (hereinafter: The Software) created and owned by Licensor, as detailed herein.

2. License Grant: Licensor hereby grants Customer a Personal, Non-assignable & non-transferable, Non-commercial, without the rights to create derivative works, non-exclusive license, all with accordance with the terms set forth and other legal restrictions set forth in 3rd party software used while running Software.

3. Limitations: Customer may not use the Software for the purpose of :

Running Software on Customer’s Website[s] or Customer’s Server[s] of public access;
Allowing 3rd Parties to run Software on Customer’s Website[s] or Customer’s Server[s];
Publishing Software’s output to Customer and 3rd Parties;
Distribute verbatim copies of Software’s output (including compiled binaries);
Modify Software to suit Customer’s needs and specifications.

Binary Restricted: Customer may sublicense Software as a part of a larger work containing more than Software, distributed solely in Object or Binary form under a personal, non-sublicensable, limited license. Such redistribution shall be limited to unlimited codebases.

Non Assignable & Non-Transferable: Customer may not assign or transfer his rights and duties under this license.

Non-Commercial: Customer may not use Software for commercial purposes. for the purpose of this license. Commercial purposes means that a 3rd party has to pay in order to access Software, or that the Website that runs Software is behind a paywall.

ADiBAS license is only for one user and one computer. If you want to transfer the ADiBAS system to another computer you should contact PhysicalTech technical support.

With support & maintenance: Licensor shall provide Customer support and maintenance as follows -

Technical support via email, detailed in the SLA.

Term & Termination: The Term of this license shall be until terminated, one calendar year from the effective date. Licensor may terminate this Agreement, including Customer’s license in the case where Customer :

Became insolvent or otherwise entered into any liquidation process; or

Customer exports the Software to any jurisdiction where licensor may not enforce his rights under this agreements in; or

Customer was in breach of any of this license’s terms and conditions and such breach was not cured, immediately upon notification; or

Customer was in breach of any of the terms of clause 2 to this license; or

Customer has established an agreement which caused Licensor to be unable to enforce his rights under this License.

4. Software and Internet connectivity: PhysicalTech is not responsible of errors, low connectivity or bad use in relation to Internet, or if the system does not fit the minimum requirements to run ADiBAS Posture. In the case of annual subscriptions, o permanent license, it will be necessary the Internet connectivity during the license activation process, this is, Durant the first ADiBAS Posture execution. PhysicalTech certifies that the access is only for license authentication purposes, and no access to personal data will be performed. ADiBAS Posture does not send any personal datum, or from patients, through the network. ADiBAS Posture only uses Internet connectivity to verify that your license is active and accomplishes contractual issues.

5. Users registration: In order to start using ADiBAS Posture, you need to register as user filling the registration form, or accepting the license contract provided by PhysicalTech. You have to be human and at least 18 years old in order to register. It is not allowed the use of “bots”, “robots” or other automatic methods for registration.

 

You have to provide your name and surname, valid email address, telephone number, and if applies, information about the company you represent. You are responsible of the veracity of provided information during the registration process. The no appearance of truth information can result in the cancelation of your ADiBAS Posture usage rights.

Data provided will be only accessed by PhysicalTech administrative staff. Under no situation those Data will be transferred o provided to third parties.

Once finished the registration process, you will receive an email with the activation key. When starting the software by first time it will ask for this key to activate your license.

6. Payment: In consideration of the License granted under clause 2, Customer shall pay Licensor a fee, via Credit-Card, PayPal or any other mean, which Licensor may deem adequate. Failure to perform payment shall construe as material breach of this Agreement.

Any indicated payment in the prizes list does not include taxes. You are responsible of any tax payment associated to the usage of ADiBAS Posture.

You can choice among different payment modalities, those shown as available in the PhysicalTech payment system.

You have the option to select the annual payment to use ADiBAS Posture. In this case the payment will be performed automatically each year. You can disable this option at any moment.

You will be not affected by possible prize changes of ADiBAS Posture software by the period you have already paid.

All payment obligations included in this terms and conditions document cannot be cancelled, and performed payments are not repayable.

7. Upgrades, improvements and fixes: Licensor may provide From time to time, Licensor may provide Customer with Upgrades, Updates or Fixes, as detailed herein and according to his sole discretion. Customer hereby warrants to keep the Software up-to-date and install all relevant updates and fixes, and may, at his sole discretion, purchase upgrades, according to the rates set by Licensor. Licensor shall provide any update or correction free of charge; however, nothing contained in this Agreement shall require Licensor to provide Updates or corrections.

Improvements: for the purpose of this License, an Upgrade shall be a material amendment in The Software, which may contain new features and/or major performance improvements, and shall be marked as a new version number. For example, Customer purchase The Software under version 1.X.X, an upgrade shall commence under number 2.0.0.

Updates: for the purpose of this License, an update shall be a minor amendment in The Software, which may contain new features or minor improvements and shall be marked as a new sub-version number. For example, Customer purchase The Software under version 1.1.X, an upgrade shall commence under number 1.2.0.

In the subscription modality the client will be able to access to updated during the contractual period. In the permanent license modality the client will have access to updates during the first 3 years after license activation.

Corrections: for the purpose of this License, a correction shall be a minor amendment in The Software, intended to remove errors or alter minor features which impair the The Software’s functionality. A correction shall be marked as a new sub-sub-version number. For example, Customer purchase the Software under version 1.1.1, an upgrade shall commence under number 1.1.2.

8. Support: Software is provided with limited support, as stated in the Software’s SLA, detailed under the License Grant. Licensor shall provide support via electronic mail, and during working hours and on working days.

Bug Notification: Customer may provide Licensor of details regarding any bug, defect or failure in The Software promptly and with no delay; Customer shall comply with Licensor’s request for information regarding bugs, defects or failures and will furnish him/her with information, screenshots and will try to reproduce such bugs, defects or failures.

It is the customers responsibility to protect the accessibility and integrity of data entered into the Software, such as the confidential patient data. Confidential data are considered to be information that relates to the personal data and health, entered by the Customer in the databases of the Software.

The contents of the Software are stored locally on the Customer computer. Under no circumstances Licensor may access or manipulate the contents of the Customer. Contents are understood as all Software database.

9. Liability: To the extent permitted under Law, The Software is provided under an AS-IS basis. Licensor shall never, and without any limit, be liable for any damage, cost, expense or any other payment incurred by Customer as a result of Software’s actions, failure, bugs and/or any other interaction between The Software and Customer’s end-equipment, computers, other software or any 3rd party, end-equipment, computer or services. Moreover, Licensor shall never be liable for any defect in source code written by Customer when relying on The Software or using The Software’s source code.

 

It is the customers responsibility to protect the accessibility and integrity of data entered into the Software. Licensor is not liable at all for improper use  of the contents entered by the Customer, such as confidential patient data, being the sole responsibility of the customer that accesses or uses them. Confidential data are considered to be information that relates to the personal data and health, entered by the Customer in the databases of the Software.

10. Warranty:

Intellectual Property: Licensor hereby warrants that The Software does not violate or infringe any 3rd party claims in regards to intellectual property, patents and/or trademarks and that to the best of its knowledge no legal action has been taken against it for any infringement or violation of any 3rd party intellectual property rights.

No-Warranty: The Software is provided without any warranty; Licensor hereby disclaims any warranty that the Software shall be error free, without defects or code which may cause damage to Customer’s computer, and that the Software shall be functional. Customer shall be solely liable to any damage, defect or loss incurred as a result of operational software, and will undertake the risks contained in running the Software on his/her computer..

Prior Inspection: Customer hereby states that he inspected the Software thoroughly and found it satisfactory and adequate to his/her needs, that it does not interfere with his/her regular operation and that it does meet the standards and scope of his/her computer systems and architecture. Customer found that the Software interacts with his/her development, website and server environment, and that it does not infringe any License Agreement to the user that uses the service of any Customer’s software. Customer waives any claims regarding the Software’s incompatibility, performance, results and features, and warrants that he inspected the Software.

11. Money back guarantee: PhysicalTech grants to the CLIENT a guarantee period of 30 days starting the service registration date. In those days is case of not satisfaction with PhysicalTech product or service, client can cancel the contract and be reimbursed by the amount associated to the contract. In the reimbursed amount, additional expenses associated to contracted optional services, promotional discounts or hardware acquisition will not be considered. In the case of special offers where hardware is included (e.g. Kinect device), it will be reimbursed the contract amount except the prize of the hardware associated to the PhysicalTech offer.

 

No Refunds: Customer warrants that he inspected the Software, and that it is adequate to his/her needs. Accordingly, as the Software is intangible goods, Customer shall not have any right to any refund, rebate, compensation or restitution for any reason whatsoever, even if the Software contains material flaws.

12. Finish of usage: You can cancel your ADiBAS Posture subscription at any moment. Very important, for subscription contracts if the client decides to do not continue with the subscription, he/she will have no more access to the software and thus to the contain of the database. This includes patients data and performed captures.

PhysicalTech can cancel or finish your ADiBAS Posture usage rights if you violate any of this terms and conditions.

13. Governing Law, Jurisdiction: Customer hereby agrees not to initiate class-action lawsuits against Licensor in relation to this license, and to compensate Licensor for any legal fees, cost or attorney fees, should any claim brought by Customer against Licensor be denied, in part or in full.

14 In the event of any discrepancy or conflict between the English and Spanish versions, the Spanish version will prevail.

 

In case of doubts in relation to the terms and conditions, please contact PhysicalTech at info@physicaltech.com.