Terms of Service

1. Introduction

Welcome to HEP.PRO. These Terms of Service ("Terms") govern your access to and use of the HEP.PRO website, mobile applications, and services (collectively, the "Service"). Please read these Terms carefully before using our Service.

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.

2. Definitions

"Provider" refers to healthcare professionals, clinics, or organizations that create accounts to use the Service to manage and deliver exercise programs to their clients.

"Client" refers to individuals who receive exercise programs through the Service, as created and assigned by Providers.

"Content" refers to text, images, videos, exercises, programs, and other materials that may be available on or through the Service.

"User" refers to any individual who accesses or uses the Service, including Providers and Clients.

3. Account Registration and Requirements

To access and use certain features of the Service, you must register for an account. When registering, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Providers must be licensed healthcare professionals authorized to prescribe exercise therapy or must be operating under the supervision of such professionals. We reserve the right to verify professional credentials and deny service to individuals who do not meet these requirements.

You are responsible for all activity that occurs under your account, and you agree to notify us immediately of any unauthorized use of your account or any other breach of security.

4. Service Description and Limitations

HEP.PRO is a platform that enables healthcare providers to create, manage, and deliver home exercise programs to their clients. The Service includes features such as exercise libraries, program creation tools, client management, and communication tools.

The Service is not intended to diagnose, treat, cure, or prevent any disease or medical condition. Exercise programs created through the Service should be based on appropriate clinical judgment and should consider individual client needs, capabilities, and contraindications.

We do not provide medical advice, diagnosis, or treatment through the Service. The content and exercises available through the Service are for informational purposes only and do not replace professional medical advice, diagnosis, or treatment.

5. Subscription Plans and Payment

We offer various subscription plans for the Service. By selecting a subscription plan, you agree to pay the applicable fees as described at the time of purchase. All payments are processed through secure third-party payment processors.

Subscription fees are billed in advance and are non-refundable except as required by law or as explicitly stated in these Terms. You may cancel your subscription at any time, but no refunds will be provided for any unused portion of your subscription term.

We reserve the right to change our subscription fees upon reasonable notice. Any changes in fees will take effect at the start of the next subscription period.

6. Free Version

We may offer a free version account.

7. Privacy and Data Protection

Our Privacy Policy describes how we collect, use, and share information when you use our Service. By using the Service, you agree to our collection, use, and sharing of information as described in our Privacy Policy.

As a Provider, you are responsible for obtaining appropriate consent from your Clients for the collection, use, and sharing of their information through the Service. You must comply with all applicable privacy and data protection laws, including HIPAA (Health Insurance Portability and Accountability Act) if applicable.

We implement reasonable security measures to protect the information we collect and store. However, no method of transmission or storage is completely secure, and we cannot guarantee absolute security.

8. Intellectual Property Rights

The Service and its original content (excluding Content provided by users), features, and functionality are owned by HEP.PRO and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, and revocable license to use the Service for its intended purposes, subject to these Terms.

You retain ownership of any Content you create or upload to the Service. By uploading Content to the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such Content in connection with providing the Service.

9. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law, regulation, or legal right
• Engage in unauthorized or inappropriate marketing or advertising
• Upload or transmit viruses, malware, or other malicious code
• Interfere with or disrupt the integrity or performance of the Service
• Attempt to gain unauthorized access to the Service or related systems
• Collect or harvest user information without consent
• Impersonate another person or entity
• Post or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable

10. Healthcare Provider Responsibilities

If you are a Provider using the Service, you acknowledge and agree that:

• You are solely responsible for the exercises and programs you prescribe to your Clients
• You will only prescribe exercises and programs that are appropriate for each Client's individual needs, capabilities, and contraindications
• You will provide appropriate instructions and supervision to your Clients
• You will maintain your professional license and credentials as required by applicable laws and regulations
• You will comply with all applicable laws, regulations, and professional standards in your use of the Service

11. Limitation of Liability

To the maximum extent permitted by law, HEP.PRO and its affiliates, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or content

In no event shall our total liability to you for all claims exceed the amount you paid to us during the twelve (12) months preceding the event giving rise to the liability, or one hundred dollars ($100) if you have not had any payment obligations to us.

12. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the servers that make it available are free of viruses or other harmful components.

13. Indemnification

You agree to indemnify, defend, and hold harmless HEP.PRO and its affiliates, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Your Content or the use thereof

14. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including, without limitation, if you breach these Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion.

All provisions of the Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

15. Modifications to the Service

We reserve the right to modify or discontinue, temporarily or permanently, the Service or any features or portions thereof without prior notice. You agree that we will not be liable for any modification, suspension, or discontinuance of the Service or any part thereof.

16. Modifications to the Terms

We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on the Service and updating the "Last Updated" date at the top. Your continued use of the Service after such modifications will constitute your acknowledgment and agreement to the modified Terms.

17. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

Any dispute arising from or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules. The arbitration shall be conducted in San Francisco, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof.

Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights or to prevent unauthorized use of the Service in any court of competent jurisdiction.

18. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired.

19. Entire Agreement

These Terms constitute the entire agreement between you and HEP.PRO regarding the Service and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter.

20. Contact Information

If you have any questions about these Terms, please contact us at legal@hep.pro.