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Terms & Conditions

Agreement to terms

The Exakt Health App is licensed to You (End-User) by Exakt Health GmbH, located at ℅ Billaudelle Ebersstraße 18, 10827 Berlin, Germany (hereinafter: Company), for use only under terms of this license agreement.

By downloading the Application from the Apple AppStore or the Google PlayStore, and any update thereto, You indicate that You agree to be bound by all of the terms and conditions of this license agreement.

All rights not expressly granted to You are reserved.

Services provided by Exakt Health

Exakt Health provides a mobile app that helps You recover from common lower-limb sports injuries. It does so by providing access to conservative exercise-based rehabilitation plans as well as curated tips & information on how to manage the symptoms of the injury.

Based on the selected rehabilitation plan, You will get access to a structured plan of training sessions including videos and detailed written instructions of each exercise to perform. The App will offer you to increase or reduce the intensity of the training sessions based on Your feedback about perceived effort and whether you experienced any pain.

When to use the app and when not (contra indications)

The Exakt Health App is intended to support the recovery using exercise training from the following common musculoskeletal sports injuries of the lower body:

  • Muscle strains and tears, including:
    • Hamstring strains
    • Calf strains
  • Lower limb tendinopathy, including:
    • Achilles tendinopathy
    • Patellar tendinopathy (jumper's knee)
    • Quadriceps tendinopathy
    • Gluteal tendinopathy
  • Overuse injuries affecting the fascia, including:
    • Plantar fasciitis (plantar heel pain)
    • Medial tibial stress syndrome (Shin splints)
    • Iliotibial band syndrome
  • Meniscus tears
  • Joint sprains and ligament injuries, including:
    • Non-specific back pain
    • Ankle sprains
    • Patellofemoral pain syndrome (runner’s knee)

It should only be used if You have been diagnosed with such a condition by a medical professional. If You are not certain that you have one of the mentioned conditions, please consult a medical professional first before you start using the App.

Do not use the Exakt Health App if you have any health condition that may pose a risk to you when you use the app, including the following:

  • Other injuries. Do not use the app if you have any other injuries or pain in the rest of your body (other than the injury that you’re using the app for), unless you have received a medical examination from a physician clearing you for the physical exercises used in the App.
  • Surgery. Do not use the App if you have had previous surgery to any part of your body, unless you have received a medical examination from a physician clearing you for physical exercises such as those used in the App.
  • Joint infection. Do not use the App if you have or have had a recent joint infection, or joint pain combined with fever, excessive night sweating, unexplained weight loss, and/or unexplained fatigue, unless you have received a medical examination from a physician clearing you for physical exercises such as those used in the App.
  • Conditions affecting your control over your body. Do not use the App if you have any conditions associated with impaired control over your body, such as neurological conditions.
  • Gait imbalance or history of falls. Do not use the App if you have gait imbalances, a history of falls or if you have dizziness or low blood pressure that is induced by exercise.
  • Pregnancy. Do not use the App if you are or think you may be pregnant.
  • Decreased bone density (osteoporosis or osteopenia). Do not use the App if you have a history of low bone density (bone loss related to age or other medical reasons) unless you have received a medical examination from a physician clearing you for the physical exercises used in the App.
  • Heart disease. Do not use the App if you have a history of heart disease or other unexplained cardiovascular complaints (such as palpitations, shortness of breath, leg edema).
  • Coagulopathy or history of clotting or bleeding event. Do not use the App if you have a history of hemorrhage or bleeding events, blood clots, or if you have a coagulopathy or inherited bleeding disorder.
  • Diabetes. If you have diabetes, only use the app if you have received a medical examination from a physician clearing you for the physical exercises used in the App, and instructing you in how to manage your diabetes safely when doing the physical workouts in the App.
  • Asthma. If you have asthma, only use the app if you have received a medical examination from a physician clearing you for the physical exercises used in the App, and instructing you in how to manage your asthma safely when doing the physical workouts in the App.
  • Systemic inflammatory condition. If you have a systemic inflammatory condition (such as rheumatoid arthritis and spondyloarthritis), do not use the App if you are experiencing an acute flare-up of your condition, and only use the app if you have received a medical examination from a physician clearing you for the physical exercises used in the App, and instructing you in how to manage your condition safely when doing the physical workouts in the App.
  • Viral infection (like corona or flu). Do not use the app if you have a viral infection or have recently recovered from one. Once recovered, only use the app if you have received a medical examination from a physician clearing you for the physical exercises and workouts used in the App.

Exakt Health App does not replace the diagnosis or treatment by a medical professional. If you have suffered a blunt trauma, experience acute pain or your symptoms worsen please seek medical help immediately.

If your symptoms worsen while using the App, please stop using the App and seek medical help immediately.

Subscriptions

We offer you access to all content within the App via a fee-based subscription “Full Access”. You will only have Full Access to the App content while your paid subscription is active and subsisting.

New users installing the App have access to a free trial period to be able to access the content of the App for a limited amount of time. This free trial does not automatically convert to a paid subscription. If users wish to continue having access to the App content, they need to actively subscribe to a paid plan (”Opt-in”).

You may purchase a subscription to get Full Access trough the Apple iTunes Store, our iPhone application, or the Google Play store. The sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds. If you purchase a subscription through the Google Play store, the sale is final and we will not provide a refund. Your purchase will be subject to Google’s applicable payment policy, which also may not provide for refunds.

You may access Full Access via a monthly, 3-month or 6-month subscription option. For the purposes of our monthly subscription, a month constitutes 30 calendar days.

The subscription is paid for by an upfront payment for the period chosen with automatic renewals. You acknowledge and agree that the renewal subscription fees will continue to be billed to the Payment Method you provided until cancelled. You must cancel your subscription before it renews in order to avoid billing of the next month’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.

You agree to promptly notify Exakt Health of any changes to the Payment Method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you.

In the course of your use of the Full Access, Exakt Health and its third party payment service provider may receive and implement updated credit card information from your credit card issuer in order to prevent your subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to Exakt Health and Exakt Health’s third party payment service provider at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer.

Cancellation

You may cancel a subscription at any time. If you purchase a subscription through the Apple iTunes Store or our iPhone application, you may cancel your subscription by cancelling automatic renewal of paid In App Subscriptions by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify. If you purchase a subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play. Cancellation is effective at the end of the applicable subscription period.

Promotion and Discount Codes

Any promotion code or offer provided by us may not be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new users of our Services, except where expressly stated otherwise. Previous users or trial users of the Services do not qualify as new users. Unless otherwise set forth in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the subscription, and any renewals will be charged at the non-discounted rate for the type of subscription purchased.

Scope of license

You are given a revocable, non-exclusive, non-transferable, non-sublicensable limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use.

You shall not:

  • decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
  • make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
  • violate any applicable laws, rules, or regulations in connection with your access or use of the application;
  • remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
  • use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
  • make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
  • use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
  • use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or
  • use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

The license granted to You for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;

  • we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
  • you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.

Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to persecution and damages.

The company reserves the right to modify the terms and conditions of this licensing agreement.

Data privacy

You acknowledge that we collect, store, process and use any information and personal data generated by the use of our services in accordance with our privacy policy: https://exakthealth.com/privacy-policy/

Intellectual Property Rights & Licenses

Services offered to you, through our Website, mobile application and all other features, functionality, tools and Content are the sole property of Exakt Health. The user is granted non-exclusive, limited and revocable right to these services, for personal purposes only, pertaining that they comply with the Terms & Conditions set forth in this Agreement.

All materials made available to users through the services may only be used in accordance with terms set forth in this agreement and for personal use, not commercial. No other use is authorized without express consent of Exakt Health.

Without limiting the foregoing, you agree that the trade names, logos and any other trademarks and services associated with Exakt Health are the property of Exakt Health. You are given a revocable, non-exclusive, non-transferable, non-sublicensable limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms & Conditions.

You may not use, copy, reproduce, distribute, license, sell, transfer, publish, post, publicly display, publicly perform, transmit, broadcast, adapt, modify, prepare derivative works based upon, or otherwise exploit any features, functionality, tools or content of the Services in any form or by any means, or sublicense the rights granted in the Terms, except as expressly permitted herein, without the prior written permission of Exakt Health or the intellectual property owner, as applicable.

Feedback

Our Users are encouraged to provide feedback through our contact form or otherwise by reaching us by e-mail at the address, service@exakthealth.com. Your feedback can contain suggestions, ideas, comments or improvements to our Services. You acknowledge that all feedback received will be treated as non-confidential and will be the exclusive property of Exakt Health. You hereby irrevocably transfer and assign to Exakt Health all of your right, title, and interest in and to all Feedback, including all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback.

Third-Party Terms

Apps Downloaded from Third Party Stores

Exakt Health provides an App which can be downloaded and accessed using a third party service provider such as the App Store or the Play Store. You must comply with third party terms, including the End User License Agreement, when downloading, installing, accessing or using the App.

You agree that these terms are between you and Exakt Health. Your use of either the App Store or Play Store must comply with Terms & Conditions set forth set by the respective third parties. If you fail to download from these third parties, you may contact them in order to resolve the matter. By downloading the App, you also agree that these third party providers do not hold any responsibility for addressing any claims that you might have including product liability claims; any claim that the App Store/Play Store Download fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection or similar legislation. As User of Services offered by Exakt Health, you also acknowledge and agree that third party companies and their subsidiaries are third-party beneficiaries of the Terms as related to your license of the App Store/Play Store Download, and that, upon your acceptance of the terms and conditions of the Terms, these third parties will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Download against you as a third party beneficiary thereof.

You must comply with all third party terms & conditions when using the App Store/Play Store Download.

Liability

We have created rehabilitation plans based on the latest available scientific evidence. But the success and achievement of the associated clinical benefits depend on many factors in the individual users case, which are not in control of Exakt Health. Therefore we cannot be responsible for the success of the rehabilitation.

Exakt Health is not responsible for damages or deterioration in health caused by a partial or full unavailability of the App.Exakt Health is especially not liable for the success of the rehabilitation plan or a possible deterioration in health if the user has not followed the indications when not to use the App as laid out under section 3.

Exakt Health is not liable for possible aggravations of the injury or deterioration in health if the user does not follow the detailed exercise and programme instructions in the App or if the deterioration in health is associated to a different health condition of the user than the injury targeted by the rehabilitation plan.

All claims for compensation shall lapse 2 years after the date of when the user learns of the damage caused. Without considering the user’s knowledge of the event, all claims shall lapse latest 3 years after the date of when the damage occurred. This does not apply for the liability in case of intent or gross negligence or with regard to injuries to life, limb or health.

Termination

The license is valid until terminated by Exakt Health GmbH or by You. Your rights under this license will terminate automatically and without notice from Exakt Health GmbH if You fail to adhere to any terms of this license. Upon License termination, You shall stop all use of the Application, and destroy all copies, full or partial of the Application.

Applicable law

This license agreement is governed by the laws of Germany excluding its conflicts of law rules.

Miscellaneous

If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid provisions will be replaced by valid ones formulated in a way that will achieve the primary purpose.

Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.

Changes

Exakt Health reserves the right to, at any time, amend this agreement. Users will be informed in a timely manner before the changes come into effect. You are encouraged to review the updated Terms & Conditions to safeguard yourself from any liability that you may face as a direct result of changes being made to this agreement.

Please note that your continued use of our Services will serve as your acceptance to our updated Terms & Conditions.

We may also provide updates to our app which would include bug fixes, new plans and/or other things to improve the functionality of the app and provide a better experience to our users. Users are encouraged to keep their App updated either by enabling automatic updates or by manually updating the App in their mobile system to ensure that the App keeps working in the manner intended.

Contact

If you have any queries, comments or requests relating to our Licensed Application please email us at service@exakthealth.com or write to us at:

Exakt Health GmbH

c/o Billaudelle

Ebersstraße 18

10827 Berlin

Germany

– Berlin, February 2023