Terms of Service
Last Updated March 1, 2019
Thanks for using 1010 Physiotherapy. 1010 Physiotherapy is provided by 7015781 Manitoba Inc (operating as "1010 Consulting"), located at 115 Briarlynn Road, Winnipeg, Manitoba, R3T 6A2, Canada.
By using 1010 Physiotherapy, you are agreeing to these terms and establishing a contractual relationship between yourself and 1010 Consulting. Please read these terms carefully. If you do not agree to these terms, do not install, copy, access or otherwise use 1010 Physiotherapy software.
This EULA is a legal agreement between the End-User, ("You") and 1010 Consulting who owns all right, title and interest in 1010 Physiotherapy and related Documentation and all of the files and intellectual property associated with it.
We reserve the right, in our sole discretion, to modify, alter or otherwise update these Terms at any time and, by using 1010 Physiotherapy after the amendment of the Terms, you are agreeing to be bound by such modifications, alterations or updates. The date on which these Terms were last amended will appear at the top.
Users of 1010 Physiotherapy must be licensed Physiotherapists in the jurisdiction within they operate. Alternatively, they must be a Physiotherapist aide who is working strictly under the direction of a licensed Physiotherapist. 1010 Consulting is not a licensed Physiotherapy clinic. Licensed Physiotherapists alone are responsible for the services they provide through 1010 Physiotherapy.
Using 1010 Physiotherapy
Don’t misuse 1010 Physiotherapy. For example, don’t interfere with 1010 Physiotherapy or try to access it using a method other than the interface and the instructions that we provide. You may use 1010 Physiotherapy only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing 1010 Physiotherapy to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using 1010 Physiotherapy does not give you ownership of any intellectual property rights in 1010 Physiotherapy or the content you access. You may not use content from 1010 Physiotherapy unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
1010 Physiotherapy displays some content that is not our own. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
In connection with your use of 1010 Physiotherapy, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Privacy and Copyright Protection
Your Content in our Services
1010 Physiotherapy allows you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours and will not be shared with anyone without your expressed written consent.
About the Apps
1010 Physiotherapy is delivered in the form of 2 apps: 1010 Physiotherapy and 1010 Physiotherapy (for patients)
These apps may update automatically on your device once a new version or feature is available.
For every license that you purchase with a subscription to 1010 Physiotherapy, you have permission for one individual to use 1010 Physiotherapy for as long as the subscription stays active. This license is for the sole purpose of enabling an individual to use and enjoy the benefit of 1010 Physiotherapy, in the manner permitted by these terms.
You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You can stop using our Services at any time, although we’ll be sorry to see you go.
1010 Consulting reserves the right to remove any of your data and content 3 months after your clinic no longer has an active subscription.
1010 Consulting may also stop providing Services to you, or add or create new limits to our Services at any time.
We believe that you own your data and preserving your access to such data is important. If we discontinue 1010 Physiotherapy, where reasonably possible, we will give you reasonable advance notice and a chance to export information out of 1010 Physiotherapy.
Our Warranties and Disclaimers
We provide 1010 Physiotherapy using a commercially reasonable level of skill and care and we hope that you will enjoy using it. But there are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER 1010 CONSULTING NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability and Indemnification
1010 Consulting, ITS EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE FOR ANY CLAIMS, DAMAGES, INJURIES, LOSS, OF ANY KIND, WHETHER DIRECT OR INDIRECT, CONSEQUENTIAL OR INCIDENTAL, ARISING FROM THE USE OR THE INABILITY TO USE 1010 Physiotherapy OR THE FAILURE TO SAFEGUARD THE DATA CONTAINED IN 1010 Physiotherapy. THIS INCLUDES, WITHOUT LIMITATION, LOSS OF REVENUE, PROFIT OR SAVINGS, LOST, DAMAGED OR STOLEN DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS.
You agree to indemnify and hold 1010 Consulting, its employees and agents, harmless from and against any claims, damages, complaints, costs or expenses, loss, actions or causes of action you or any third party incurred or suffered, as a result of the use or inability to use the 1010 Physiotherapy or your failure to safeguard the data contained within.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF 1010 CONSULTING, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, 1010 CONSULTING, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Business uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify 1010 Consulting and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
About these Terms
We may modify these terms or any additional terms that apply to 1010 Physiotherapy, for example, reflect changes to the law or changes to 1010 Physiotherapy. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms, you should discontinue your use of 1010 Physiotherapy.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between 1010 Consulting and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of Manitoba, Canada, will apply to any disputes arising out of or relating to these terms or 1010 Physiotherapy. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or provincial courts of Winnipeg, Manitoba, Canada, and you and 1010 Consulting consent to personal jurisdiction in those courts.