Legal Notice - Terms and Conditions

Legal Notice

We inform you that the ownership of the domain, www.fisioupload.com, corresponds to Antonio Juan Pascual Vega, responsible for the website and App, hereinafter referred to as RESPONSIBLE or FISIOUPLOAD. This document is made available to users to comply with the obligations set forth in Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSICE), as well as to inform all users of the website and App about the terms of use.

Anyone who accesses this website and the App, hereinafter referred to as THE PLATFORM, assumes the role of USER, committing to the rigorous observance and compliance with the provisions set forth herein, as well as any other applicable legal provision.

The RESPONSIBLE reserves the right to modify any type of information that may appear on THE PLATFORM, without any obligation to give prior notice or inform users of such modifications, with the publication on THE PLATFORM of FISIOUPLOAD being understood as sufficient.

Identifying Data

Owner: Antonio Juan Pascual Vega
NIF: 48989295-P
Address: Calle Carpa 11 - Granada 18015
Phone: +34 699 71 81 37
Email: info@fisioupload.com
Activity: Computer Programmer

FISIOUPLOAD expressly reserves the right to unilaterally modify, in whole or in part, without prior notice, this legal notice. The user acknowledges and accepts that it is their responsibility to periodically review this legal notice.

These general conditions are mandatory and will be understood as accepted by the user at the moment of becoming a USER of THE PLATFORM.

1. Description of the Service

FISIOUPLOAD offers a service specifically designed for professionals in a comprehensive and highly efficient environment to manage their businesses. THE PLATFORM allows the USER to access a complete set of digital tools that facilitate the comprehensive management of their business.

The primary objective of FISIOUPLOAD is to provide through THE PLATFORM a way to optimize and minimize administrative tasks, allowing professionals to focus on providing quality care. With an intuitive interface accessible from any device with an internet connection, users can efficiently and securely manage their business in compliance with current data protection regulations.

Additionally, FISIOUPLOAD offers different usage plans for THE PLATFORM to adapt to the specific needs of each business, providing flexibility and scalability in its service. Each plan may include different levels of access to specific services, some of which may not be included in all plans and may incur additional costs. Details about what is included in each plan and any additional costs, if applicable, will be clearly specified within THE PLATFORM or at the time of becoming a USER.

2. Obligations of FISIOUPLOAD

FISIOUPLOAD commits to:

• Ensure the proper functioning of THE PLATFORM and its functionalities.

• Provide the necessary technical support to resolve incidents related to THE PLATFORM.

• Inform the USER of any significant changes in functionalities or service conditions.

3. Obligations of the USER

The USER commits to:

• Use the application in accordance with the instructions provided by FISIOUPLOAD.

• Collect and manage informed consents from patients to receive notifications.

• Pay promptly for the costs associated with the use of THE PLATFORM, including additional costs for any service that incurs an additional fee.

4. Usage Plans and Prices

FISIOUPLOAD offers various subscription plans that allow the USER to access different levels of service and features. These plans vary in price and conditions, and will be detailed at the time of becoming a USER or within THE PLATFORM.

5. Promotional Offers

Occasionally, FISIOUPLOAD may offer promotions, special plans, or subscriptions. FISIOUPLOAD will determine the eligibility requirements for these offers at its sole discretion and reserves the right to cancel any offer and block the service if it is determined that the USER does not meet the eligibility requirements.

6. Billing and Cancellation

6.1. Billing Cycle

FISIOUPLOAD will issue invoices on a monthly basis. The first invoice will be issued at the moment of becoming a USER of THE PLATFORM, activating the service. Unless the service is canceled before the next billing date, FISIOUPLOAD is authorized to charge the subscription fee for the next billing cycle.

6.2. Payment Methods

FISIOUPLOAD will automatically charge via bank card. If the primary payment method is declined or unavailable, the USER authorizes FISIOUPLOAD to charge through any other payment method associated with the account. The USER remains responsible for any unpaid amounts. If FISIOUPLOAD cannot collect an amount (due to reasons such as expiration of the payment method, insufficient funds, or any other cause) and the USER does not cancel the service, FISIOUPLOAD may suspend access to the service until the debt is collected through a valid payment method.

6.3. Updating Payment Methods

FISIOUPLOAD may update payment methods based on information provided by payment service providers. After each update, FISIOUPLOAD is authorized to continue charging through the updated payment methods.

6.4. Cancellation

The user can cancel the service at any time through their account on THE PLATFORM. Once the cancellation is processed, billing will stop. Payments already made are non-refundable, but the user will continue to have access to the service until the end of the already paid billing period.

6.5. Price and Subscription Plan Changes

FISIOUPLOAD may change usage plans and their prices as it deems appropriate. Users will be notified at least one month in advance before the changes take effect. If the user does not accept the changes, they can cancel the service before the changes take effect. After this period without communication of non-acceptance by the USER, the new price will be deemed accepted, and billing will proceed according to the new price from the effective date.

7. Severability

If any provision of these terms of use is declared invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will remain in effect.

8. Changes to Terms of Use

FISIOUPLOAD may modify these terms of use as necessary. In the case of material changes, users will be notified at least one month in advance. If the USER does not accept the changes, they can cancel the service before the changes take effect.

9. Electronic Communications

The USER agrees to receive information about their account (payment authorizations, invoices, password changes, or payment methods, confirmation messages, notices, etc.) only in electronic format, such as emails, to the address provided during registration. Additionally, the USER consents to receive promotional campaigns and offers.

10. Notifications

FISIOUPLOAD will not be responsible for any complaints from patients resulting from receiving notifications sent through the application. The USER assumes all responsibility related to the management and consent of patients to receive such notifications.

11. Liability Exemption

THE PLATFORM will offer the following special functionalities:

• 1. Notifications: Email, SMS, WhatsApp, or other similar messaging channel reminders to patients of their appointments, with possible added cost. The USER is responsible for obtaining patient consent to receive notifications.

• 2. Automated Billing: Automatic charges to the USER.

FISIOUPLOAD is exempt from any liability for customer complaints of the USER related to receiving notifications sent by the application.

FISIOUPLOAD will not be responsible for USER claims regarding charges made in accordance with the terms and conditions of use in this document.

12. Acceptance of Terms

By 'Accepting' the terms and conditions of use, and the privacy and cookie policies during the subscription and registration process on THE PLATFORM, the USER agrees to adhere to the conditions established by FISIOUPLOAD for the provision of services described in these terms and conditions.

13. Duration and Termination

DURATION: The service provided by FISIOUPLOAD will have a duration of six months, automatically renewable for equal periods, unless expressly terminated by either party with one month's notice.

TERMINATION: The service may be terminated for the following reasons:

1. By mutual agreement between the parties.

2. By communication of non-acceptance by the USER of the price change within the established period. In this case, the service will terminate at the end of the invoiced period at the previous price.

3. For non-compliance with payment obligations by the USER.

4. At the request of either party, in case of breach of the obligations established in these terms and conditions of use, with prior written notice to the other party one month in advance.

PRIVACY POLICY AND DATA PROCESSING

When it is necessary to provide personal data to access certain content or services, Users will guarantee the truthfulness, accuracy, authenticity, and validity of such data. The company will give such data the corresponding automated treatment according to its nature or purpose, under the terms indicated in the Privacy Policy section.

INDUSTRIAL AND INTELLECTUAL PROPERTY

The User acknowledges and agrees that all content displayed on THE PLATFORM, especially designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other signs capable of industrial and/or commercial use, are subject to Intellectual Property rights and all trademarks, trade names, or distinctive signs, all industrial and intellectual property rights, on the content and/or any other elements inserted on THE PLATFORM, which are the exclusive property of FISIOUPLOAD and/or third parties, who have the exclusive right to use them in the economic traffic. Therefore, the User agrees not to reproduce, copy, distribute, make available, or otherwise publicly communicate, transform, or modify such content, keeping the company harmless from any claim arising from the breach of such obligations. In no case does access to THE PLATFORM imply any waiver, transmission, license, or total or partial transfer of such rights, unless expressly stated otherwise. These General Conditions of Use of THE PLATFORM do not grant Users any other rights of use, alteration, exploitation, reproduction, distribution, or public communication of THE PLATFORM and/or its Content other than those expressly provided herein. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for this purpose by the company or the third-party owner of the affected rights.

The content, texts, photographs, designs, logos, images, computer programs, source codes, and, in general, any intellectual creation existing on this Space, as well as the Space itself as a multimedia artistic work, are protected as copyright by the legislation on intellectual property. FISIOUPLOAD is the owner of the elements that make up the graphic design of THE PLATFORM. The content provided on THE PLATFORM may not be reproduced in whole or in part, transmitted, or recorded by any information retrieval system, in any form or by any means, unless prior written authorization is obtained from the cited Entity.

It is also prohibited to remove, circumvent, and/or manipulate the "copyright" as well as the technical protection devices or any information mechanisms that may be contained in the content. The User of THE PLATFORM agrees to respect the rights stated and to avoid any action that could harm them, reserving in any case the company the exercise of any legal means or actions that may correspond to them in defense of their legitimate intellectual and industrial property rights.

OBLIGATIONS AND RESPONSIBILITIES OF THE USER OF THE WEB SPACE

The use of any of the services offered on THE PLATFORM attributes, from its beginning, the condition of User and will be considered an express, voluntary, and unreserved acceptance of these General Conditions.

To access the services of THE PLATFORM, in everything that may imply any type of obligation, the User must be of legal age and have the legal capacity and representation necessary to legally bind themselves.

The User agrees to:

The User who accesses THE PLATFORM must comply with these General Conditions and the special conditions shown to them at any time, according to the good/service they wish to contract.

a. Make appropriate and lawful use of THE PLATFORM as well as its contents and services, in accordance with: the applicable legislation at any given time; the General Conditions of Use of THE PLATFORM; morality and generally accepted good customs and public order.

b. Provide all the means and technical requirements needed to access THE PLATFORM.

c. Provide truthful information when filling out personal data forms contained in THE PLATFORM and keep them updated at all times to reflect the real situation of the User. The User will be solely responsible for any false or inaccurate statements made and for any damages caused to the company or third parties due to the information provided.

Notwithstanding the provisions of the previous paragraph, the User must also refrain from:

a. Making unauthorized or fraudulent use of THE PLATFORM and/or its contents for unlawful purposes or effects prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload, deteriorate or impede the normal use of the services or documents, files and all kinds of content stored on any computer.

b. Accessing or attempting to access restricted areas of THE PLATFORM without meeting the conditions required for such access.

c. Causing damage to the physical or logical systems of THE PLATFORM, its suppliers, or third parties.

d. Introducing or spreading computer viruses or any other physical or logical systems that may cause damage to the physical or logical systems of FISIOUPLOAD, its suppliers, or third parties.

e. Attempting to access, use, and/or manipulate the data of FISIOUPLOAD, third-party providers, and other Users.

f. Reproducing or copying, distributing, allowing public access through any form of public communication, transforming, or modifying the contents, unless authorized by the holder of the corresponding rights or legally permitted.

g. Removing, hiding, or manipulating the notes on intellectual or industrial property rights and other data identifying the rights of FISIOUPLOAD or third parties included in the contents, as well as the technical protection devices or any information mechanisms that may be inserted in the contents.

h. Obtaining and attempting to obtain the contents using means or procedures other than those which, depending on the cases, have been made available for this purpose or have been expressly indicated on the web pages where the contents are found or, in general, those that are commonly used on the Internet for not involving a risk of damage or disablement of THE PLATFORM and/or the contents.

i. In particular, and merely by way of indication and not exhaustive, the User agrees not to transmit, disseminate, or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software, and, in general, any kind of material that: In any way is contrary, disparages, or violates fundamental rights and public freedoms recognized constitutionally, in International Treaties and in the rest of the legislation in force. Induces, incites, or promotes criminal, slanderous, defamatory, violent actions, or, in general, contrary to the law, morality, good customs generally accepted, or public order. Induces, incites, or promotes discriminatory actions, attitudes, or thoughts based on sex, race, religion, beliefs, age, or condition. Incorporates, makes available, or allows access to products, elements, messages, and/or services that are criminal, violent, offensive, harmful, degrading, or, in general, contrary to the law, morality, and good customs generally accepted, or public order. Induces or may induce an unacceptable state of anxiety or fear. Induces or incites to engage in dangerous, risky, or harmful practices for health and mental balance. Is protected by the legislation on intellectual or industrial protection belonging to FISIOUPLOAD or third parties without having been authorized the use that is intended to be made. Is contrary to the honor, personal and family privacy, or the image of individuals. Constitutes any type of advertising. Includes any type of virus or program that prevents the normal operation of THE PLATFORM.

If a password is provided to access some of the services and/or contents of THE PLATFORM, the User is obligated to use it diligently, keeping it secret at all times. Consequently, they will be responsible for its proper custody and confidentiality, committing not to transfer it to third parties, either temporarily or permanently, nor to allow access to the mentioned services and/or contents by outsiders. Likewise, they are obligated to notify the company of any fact that may imply the improper use of their password, such as its theft, loss, or unauthorized access, to proceed to its immediate cancellation. Consequently, while not making the previous notification, the company will be exempt from any liability that may arise from the improper use of their password, being the responsibility of the User any unlawful use of the contents and/or services of THE PLATFORM by any illegitimate third party. If the User negligently or fraudulently breaches any of the obligations established in these General Conditions of Use, they will be liable for all damages that may result from such breach for the company.

The personal data that users must provide to access the mentioned services will be subject to general data protection legislation. They will be registered in databases owned by FISIOUPLOAD, protected by the Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD). For more information, see our privacy policy.

FISIOUPLOAD may delete or suspend access to THE PLATFORM for the User who has breached any of the obligations expressed in these General Conditions. The User who intentionally or negligently breaches any of the above obligations will be liable for all damages caused to FISIOUPLOAD or a third party as a result.

FISIOUPLOAD assumes no responsibility for links to other sites or web pages that, where appropriate, may be included, as it has no control over them, so the User accesses under their exclusive responsibility to the content and conditions of use that govern them.

RESPONSABILITIES

FISIOUPLOAD reserves the right to make modifications to THE PLATFORM, as well as to these General Conditions without the need to expressly inform users, and it will be understood that users are informed with the update of this text.

Continuous access, correct visualization, download, or utility of the elements and information contained on THE PLATFORM are not guaranteed if impeded, hindered, or interrupted by factors or circumstances beyond its control. FISIOUPLOAD is not responsible for decisions that may be made as a result of accessing the content or information offered.

Service may be interrupted, or the relationship with the User may be terminated immediately if it is detected that the use of THE PLATFORM, or any of the services offered therein, is contrary to these General Conditions of Use. FISIOUPLOAD is not responsible for damages, losses, claims, or expenses arising from the use of THE PLATFORM.

FISIOUPLOAD will only be responsible for removing, as soon as possible, any content that may cause such damages, provided that it is notified. In particular, FISIOUPLOAD will not be responsible for damages that may arise, among others, from:

a. Interferences, interruptions, failures, omissions, telephone malfunctions, delays, blockages, or disconnections in the electronic system's operation, caused by deficiencies, overloads, and errors in telecommunication lines and networks, or any other cause beyond FISIOUPLOAD's control.

b. Unlawful intrusions through the use of malicious programs of any kind and through any communication means, such as computer viruses or any others.

c. Improper or inappropriate use of THE PLATFORM.

d. Security or navigation errors caused by a malfunction of the browser or the use of outdated versions of it. The administrator of THE PLATFORM reserves the right to withdraw, totally or partially, any content or information present on THE PLATFORM.

The company excludes any liability for damages of any kind that may be due to the improper use of the freely available and used services by Users of THE PLATFORM. It is also exempt from any responsibility for the content and information that may be received as a result of data collection forms, the use of which is solely for the provision of consultation and query services. Furthermore, in case of causing damages due to illegal or incorrect use of these services, the User may be claimed for the damages caused.

You will hold FISIOUPLOAD harmless from any damages resulting from claims, actions, or demands of third parties as a consequence of your access or use of THE PLATFORM. Likewise, you agree to indemnify against any damages resulting from the use by you of "robots," "spiders," "crawlers," or similar tools used to gather or extract data or any other action you take that imposes an unreasonable load on the operation of THE PLATFORM.

THE PLATFORM contains simplified information with the aim of making it easier for the average User to understand, so FISIOUPLOAD is not responsible for erroneous interpretations that may arise from the information presented here, except for negligent actions by FISIOUPLOAD in the exercise of its functions, as described in these General Conditions.

HYPERLINKS

The USER agrees not to reproduce in any way, not even through a hyperlink, THE PLATFORM or any of its content, without the express and written authorization of the file manager.

THE PLATFORM may include links to other websites managed by third parties to facilitate the User's access to information from collaborating and/or sponsoring companies. Accordingly, FISIOUPLOAD is not responsible for the content of such websites, nor does it position itself as a guarantor or offeror of the services and/or information that third parties may offer through the links.

The User is granted a limited, revocable, and non-exclusive right to create links to the main page of THE PLATFORM's website solely for private and non-commercial use. Websites that include a link to our Website (i) may not misrepresent their relationship or state that such a link is authorized, nor include brands, denominations, trade names, logos, or other distinctive signs of our company; (ii) may not include content that can be considered in bad taste, obscene, offensive, controversial, incite violence or discrimination based on sex, race or religion, contrary to public order or illegal; (iii) may not link to any page of THE PLATFORM other than the main page; (iv) must link directly to the Website's own address, without allowing the linking website to reproduce the Website as part of its website or within one of its “frames” or create a “browser” over any of the pages of THE PLATFORM. The company may request, at any time, the removal of any link to THE PLATFORM, after which the link must be immediately removed.

FISIOUPLOAD cannot control the information, content, products, or services provided by other websites that have links to THE PLATFORM.

FORCE MAJEURE

FISIOUPLOAD will not be responsible in any case of impossibility to provide service if it is due to prolonged interruptions of electricity supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts, and omissions of the Government, and in general all cases of force majeure or acts of God.

DISPUTE RESOLUTION, APPLICABLE LAW, AND JURISDICTION

These General Terms and Conditions of Use, as well as the use of THE PLATFORM, will be governed by Spanish law in all cases, to which the parties expressly submit regardless of the USER's country of origin. The mere use of the services of this website presupposes the USER's express acceptance of Spanish jurisdiction. For the resolution of any dispute, the parties will submit to the Courts and Tribunals of GRANADA (Spain), expressly waiving any other jurisdiction or venue that may be applicable.

As a prerequisite to the commencement of litigation, FISIOUPLOAD and the USER agree to negotiate in good faith to resolve the dispute or controversy within a period of one (1) month from the date on which one party notifies the other in writing of its potentially litigious claim.

In the event that any provision of these General Terms and Conditions of Use is found to be unenforceable or void under applicable law or as a result of a judicial or administrative decision, such unenforceability or nullity will not render these General Terms and Conditions of Use unenforceable or void as a whole. In such cases, FISIOUPLOAD will proceed to modify or replace the provision with one that is valid and enforceable and that, to the extent possible, achieves the objective and intention reflected in the original provision.

FISIOUPLOAD expressly reserves the right to unilaterally modify, in whole or in part, these terms and conditions without prior notice. The user acknowledges and accepts that it is their responsibility to periodically review these terms and conditions.