Updated: January 19, 2023
Accessing, downloading and/or using Fisify gives you the status of “user”. These General Conditions of Use govern, together with the Privacy Policy and the Legal Notice, the access and use, by the user, of the website Www.physify.com , their domains (hereinafter website) and computer applications designed for mobile devices. By accepting these General Conditions of Use, the user declares that they have read, understand and understand what is stated here, that they are of legal age and that they assume the obligations set out here.
The use of the services on this website (Www.physify.com) or computer applications designed for mobile devices implies that the user knows, accepts and expressly adheres to the warnings, legal information (Legal Notice and Privacy Policy) and General Conditions of Use. These documents are available and updated on this website.
FISIFY TECHNOLOGY, S.L. (hereinafter FISIFY) may deny or withdraw access to the Application to users who fail to comply with these General Terms of Use, without the need for any prior notice. Users who fail to comply with these General Terms of Use will be liable for all damages that result from their actions.
FISIFY reserves the right to make any modification or update to the contents and services of the website and the General Conditions of Use, at any time and without the need for prior notice.
If the user decides not to accept the General Conditions of Use, they must refrain from accessing and/or using the content and/or services offered by Fisify.
FISIFY TECHNOLOGY, S.L., hereinafter “THE OWNER OF THE WEBSITE”, in compliance with Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, informs you that:
1. COMMUNICATIONS
To communicate with us, we provide you with different means of contact, which are detailed below:
The prices of the services sold through the website Www.physify.com are indicated in euros, including all relevant taxes, determined on the descriptive page of the service. The prices are also included on the payment confirmation page. The services are only available to individuals. The invoice for the service may be sent to the Customer as long as there is a written request through the different means of contacting the Seller. The company reserves the right to change prices at any time in the future.
The customer must follow a series of steps specific to the service provided by the Seller in order to make their purchase. The steps described below are systematic:
0.- Collection of identifying data, physical characteristics and ailments of the client.
1.- Introduce the physical activity being performed.
2.- Enter the email address and accept the general conditions of sale.
3.- Make the payment, follow the payment instructions, and choose the preferred payment for the corresponding service.
4.- Video consultation of 15 to 20 minutes, through a video call, all the necessary information will be collected to offer a personalized therapeutic exercise plan to the Client.
5.- Three days after the video consultation, the Customer will receive a personalized exercise program through the FISIFY application, which can be downloaded through the above link.
In both cases, the payment for the service includes a first access or extension of access to the exercise program for 4 weeks. Once this period is over, the Customer must pay and schedule a new consultation in order to continue enjoying their personalized exercise program.
For payments through the PayPal platform, payment is not made immediately, the Seller must accept and approve the transaction within 2 days of the transaction, when the Seller approves the payment, the Customer will receive a confirmation of the payment of the payment by e-mail through the third-party platform PayPal.
In addition, the Seller undertakes to send the general conditions of sale in PDF format to any Customer who needs it regardless of the method of payment. If you need an invoice for the service, you can request it expressly through the different means of contact made available by the Seller, detailed above.
The Seller reserves the right to reject the inquiry, for example, for any anomalous information or inquiry made in bad faith, or for any payment method suspected of being fraudulent
The service provided by Fisify consists of providing an Artificial Intelligence system programmed to provide the user with information and guidance related to muscle-type ailments, starting from the formulation of a series of questions and the presentation of results that identify, with a varying degree of probability, the type or origin of the said ailments.
Even so, Fisify should not be used as a substitute or alternative to a diagnosis of the condition or follow-up by a health professional, nor is it even recommended to apply or use the information obtained through the application without consulting or validating it first with a health professional.
The duration of validity of the offers of the services offered by FISIFY, as well as the prices of these promotions, are correctly specified on the company's website www.physify.com.
In accordance with the legal provisions regarding the sale of online services, purchases of services through the company's website www.physify.com are not subject to the right of withdrawal and cannot be refunded.
5.1. EXCLUSION OF LIABILITY:
FISIFY is not a medical diagnosis or treatment, nor is it a substitute for diagnosis, treatment or supervision by a healthcare professional. FISIFY does not offer any type of guarantee regarding the use of the mobile application or the web, nor does it recommend the adoption of any particular therapeutic measure derived from the information, provided by the user or received through the application. Both the use of FISIFY's mobile applications and the services provided through the web are carried out under the sole responsibility of the user. Only the user is responsible for the veracity or accuracy of the information they enter into the application, provide or receive from FISIFY. FISIFY will never be responsible for any consequences caused by that cause.
Neither the application nor the information associated with or generated by it can be used outside the user's private or private sphere, and its use in any way in the commercial, professional or commercial sphere is expressly prohibited. FISIFY does not constitute a health service provided by any professional, public or private entity and its use is for informational and/or recreational purposes only.
The Interview, the Virtual Diagnosis and all content posted on the Website and/or the Application are for informational and educational purposes only and cannot, under any circumstances, be interpreted or treated as advice or a consultation or diagnosis from a doctor. The Interview, the Virtual Diagnosis and all content published on the Website and/or Application do not constitute a basis for self-diagnosis or individual treatment based on information obtained through the Website and/or Application. Any information obtained using the website and/or application, and in particular information in the form of illness units generated by the computer system in the form of an interview and virtual diagnosis, is not considered to be any form of health care services and does not replace a medical appointment, medical diagnosis or any form of consultation with a doctor.
The application is provided “As Is” and without any express or implied warranty. FISIFY does not guarantee that the application meets the user's expectations nor does it assume any responsibility for this. The user waives claiming from FISIFY any liability related to damages of any kind derived from the use of the application.
FISIFY is not responsible for:
The Service Provider will not be responsible for the content of websites not managed by FISIFY, but linked to the Website and/or Application.
5.2. TECHNICAL REQUIREMENTS:
To use the Services properly, the User must meet at least all of the following criteria:
5.3. AVAILABILITY OF THE SERVICE:
FISIFY does not guarantee that the application will work uninterruptedly since it may be affected by outages or deficiencies linked to the user's Internet network or telecommunications provider. When the cause of the malfunction of the application is due to causes attributable to FISIFY, FISIFY will try as diligently as possible to resume operation. Technical shutdowns necessary to introduce improvements, updates or new services to the application will not be considered causes of the malfunction.
The User cannot use the Website and the Application for commercial purposes or to advertise medical services, this is an exclusive right of FISIFY and the Website and the Application partners, and is granted with the consent of FISIFY.
We inform Customers that, in accordance with the provisions of the consumer code, the right of withdrawal and refund is void at the time the payment is made, given the characteristics of the service. We cannot refund any amount paid by the Client after the delivery of the consultation or the service provided.
The Application and the Website are protected by copyright conferred on FISIFY. All graphics, technical solutions, text messages, software, databases and any other content published and published through the website and application, as well as the way in which they are published (design), are subject to copyright and related rights conferred on FISIFY.
In particular, Users have no right to any use of the Website and the Application's source codes. Users acknowledge that, if they fail to comply with the obligation described above, this may result in an infringement of the copyright owned by the Service Provider on the Website and the Application, and may result in the User's criminal liability.
Access, registration, browsing, use, hosting and/or downloading of materials and/or use of FISIFY services by children under 14 years of age is prohibited. The user, by registering, declares responsibly and guarantees that they are at least 14 years old. If FISIFY detects the reception by any means of users who may be under 14 years of age, it will not process your data and therefore will not respond to requests.
All names, brands, texts, signs, sounds, images, animations and the rest of the contents of this domain are the property of FISIFY. Its use does not give the right to distribution, assignment or exploitation except as strictly necessary for the proper use of the website. FISIFY does not grant any authorization, on its industrial and intellectual property rights or on any other right related to its website and mobile application, unless expressly agreed to third parties. Users may reproduce, print or save the contents of this website, provided that it is for private use, not being allowed for a commercial purpose aimed at the public or for use beyond those mentioned.
IN RELATION TO THE DISPUTE RESOLUTION PLATFORM: In accordance with the provisions of Regulation (EU) No. 524/2013 of the European Parliament and the Council, of May 21, 2013, on the resolution of online consumer disputes, FISIFY informs you that, in the event of a dispute, Users resident in the European Union may use the “Online Platform for Dispute Resolution” developed by the European Commission, in order to try to extrajudicially resolve any dispute that derives from the provision of services by FISIFY.
To access the “Online Dispute Resolution Platform” you can do so through the following link:
https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
The terms and conditions that govern this website and all relationships that may arise from it are safeguarded by Spanish legislation.
These conditions are formulated with the intention of communicating and protecting the rights of users and customers in accordance with Law 7/98 of April 13 on General Contract Conditions, Law 7/96 of January 15 on the Regulation of Retail Trade, Civil Code, Directive 2000/31 EC of the European Parliament and the Council of June 8, Law 34/2002 of July 11 on information society services and electronic commerce, Royal Legislative Decree 1/2007, of November 16, approving the Consolidated Text of the General Law for the defense of Consumers and Users and other applicable laws and their implementing regulations, if due to any error or omission in any of these clauses it could be abusive in accordance with the indicated laws, it will be considered not enforced and in the event that any conflict or discrepancy arises in the interpretation or application of these contractual conditions, the parties submit to the courts and tribunals of the consumer's domicile.
In the case of a purchase and sale made by a company, both parties submit, with express waiver of any other jurisdiction, to the Courts and Tribunals of Guipuzcoa (Spain).
The parties agree that any dispute, discrepancy, question or claim resulting from the execution or interpretation of this legal notice or the general conditions shall be resolved through legal arbitration, and in a non-face-to-face manner, accepting the procedure established by the Spanish courts, and by which the arbitration concluded between them will be governed.
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