F ISIOM HEALTH TERMS AND CONDITIONS
1- ACCEPTANCE OF TERMS
By accessing and using FisiomHealth's services, including the purchase and participation in our online courses, you accept and agree to comply with these Terms and Conditions. If you do not agree to any of these terms, do not use our services.
2- USE OF SERVICES
FisiomHealth courses are designed for health and wellness professionals, such as yoga and Pilates instructors, physiotherapists, massage therapists, and other related professionals. The courses aim to provide information and tools to adapt physical exercises to the individual needs of clients.
3- USER RESPONSIBILITY
You are solely responsible for the application of the knowledge acquired in FisiomHealth courses. The information provided in the courses does not constitute medical or therapeutic advice and should not be considered a substitute for consultation with a qualified healthcare professional.
By participating in FisiomHealth courses, you acknowledge and accept that the exercises and techniques presented may involve risks of injury. You declare that you are in good health and have no medical condition that prevents you from engaging in physical activity. Before starting any exercise program, it is strongly recommended that you consult with a qualified healthcare professional to determine if it is suitable for you.
FisiomHealth is not responsible for any injury, damage, or loss that may arise from the use of the information provided in the courses, nor for the decisions you make as a healthcare professional based on such information. You assume all responsibility for the assessment, prescription, and supervision of any exercise or training program that you recommend to your clients.
4- MEDICAL DISCLAIMER
The information provided in FisiomHealth courses is for educational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. The course content is designed to complement, not replace, the relationship between a patient/client and their doctor or qualified healthcare professional.
FisiomHealth is not responsible for any injury, damage, or loss that may arise from the use of the information provided in the courses. It is the responsibility of each user to consult with a qualified healthcare professional before making decisions related to their health or that of their patients/clients.
Healthcare professionals who use the information from FisiomHealth courses must exercise their own clinical judgment and adapt the exercises and techniques to the individual needs of each patient/client. FisiomHealth is not responsible for clinical decisions made by healthcare professionals based on the information provided in the courses.
If you have any questions or concerns about your health or that of your patients/clients, we recommend that you consult with a qualified healthcare professional.
5- INTELLECTUAL PROPERTY
All content in FisiomHealth courses, including videos, text, images, graphics, logos, trademarks, software, and other materials, is the exclusive property of FisiomHealth or its licensors and is protected by copyright and intellectual property laws of Costa Rica, the United States, and other applicable jurisdictions.
By purchasing a course, you are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the course content for your personal and non-commercial use. This license does not grant you any ownership rights to the course content.
The following is strictly prohibited:
- Copying, reproducing, distributing, modifying, adapting, translating, publicly displaying, publicly performing, transmitting, publishing, sublicensing, creating derivative works, or otherwise transferring the course content without the express written permission of FisiomHealth.
- Using the course content for commercial purposes, including, but not limited to, the sale, rental, or distribution thereof.
- Removing or altering any copyright notice, trademark, or other intellectual property notice included in the course content.
- Using any data mining methods, robots, or similar tools to collect or extract information from the courses.
FisiomHealth reserves all rights to the course content not expressly granted in these Terms and Conditions. Any unauthorized use of the course content may result in legal action by FisiomHealth.
Non-Compete Clause
You agree not to use the knowledge, materials, or information provided in FisiomHealth courses to create, develop, market, or distribute products or services that directly or indirectly compete with those offered by FisiomHealth. This restriction applies during the duration of your access to the courses and after completion.
Acceptable Use
You agree to use FisiomHealth's services in a lawful and ethical manner. It is strictly prohibited to use the services for any illegal, abusive, defamatory, obscene, threatening, discriminatory, or otherwise violating the rights of third parties activity. FisiomHealth reserves the right to suspend or terminate the access of any user who violates this clause.
6- REFUND POLICY
FisiomHealth offers a 7-day trial period after the purchase of any course. During this period, if you are not satisfied with the course, you may request a full refund. After 7 days, all sales are final, and no refunds will be issued.
7- MODIFICATIONS
FisiomHealth reserves the right to modify these Terms and Conditions at any time, including changes to prices, course content, or any other aspect of our services. Any modification will be effective immediately upon posting in the Virtual Campus (where the user can access the course content).
We will notify you of any significant changes to the Terms and Conditions through a notice in the Virtual Campus or by email. It is your responsibility to periodically review the Terms and Conditions to be aware of any updates.
By continuing to use our services after the posting of any modification, you accept and agree to comply with the updated Terms and Conditions. If you do not agree with any of the modifications, you may stop using our services and request the cancellation of your account, as long as you do so within the 7-day trial period established in our Refund Policy.
8- LIMITATION OF LIABILITY
FisiomHealth strives to provide accurate and up-to-date information in its courses. However, we do not guarantee the accuracy, completeness, timeliness, or suitability of the information provided for any particular purpose. The course content is provided "as is" and "as available," without any warranty of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, or title.
Disclaimer of Liability for Damages:
To the maximum extent permitted by applicable law, FisiomHealth, its affiliates, directors, officers, employees, agents, suppliers, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including, but not limited to, loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with the use or inability to use FisiomHealth's services, the course content, or any information provided through them, even if FisiomHealth has been advised of the possibility of such damages.
Limitation of Liability for Personal Injury:
In no event shall FisiomHealth be liable for any personal injury, including, but not limited to, death, bodily injury, or damage to health, arising out of or in connection with the use of the information provided in the courses, whether such injury is caused by negligence, breach of contract, or other legal theory.
Liability Cap:
In no event shall the total liability of FisiomHealth, its affiliates, directors, officers, employees, agents, suppliers, and licensors, for any claim arising out of or in connection with these Terms and Conditions or the use of FisiomHealth's services, exceed the total amount paid by you to FisiomHealth for the specific course in question.
Assumption of Risk:
By using FisiomHealth's services, you acknowledge and agree that the use of the information provided in the courses is at your own risk. You are responsible for consulting with a qualified healthcare professional before making decisions related to your health or that of your patients/clients.
9- INDEMNIFICATION
You agree to indemnify, defend, and hold harmless FisiomHealth, its directors, officers, employees, agents, and affiliates from and against any and all claims, demands, actions, losses, liabilities, damages, costs, or expenses (including reasonable attorneys' fees) arising out of or in connection with your use of FisiomHealth's services, your violation of these Terms and Conditions, or your violation of any rights of another.
10- PRIVACY AND DATA PROTECTION
FisiomHealth is committed to protecting the privacy and security of your personal data. To provide our services and keep you informed about our news, we use two trusted third-party platforms:
- Kajabi: Our online course platform, Kajabi, securely stores your personal information such as your name, email address, and payment details. This information is essential to manage your access to the courses and provide you with an optimal learning experience.
- Brevo (formerly Sendinblue): We use Brevo to manage our email communications. Your email address is stored in Brevo so we can send you relevant information about our courses, promotions, and news.
You can be assured that both Kajabi and Brevo comply with strict security and data protection standards. We do not share your personal information with third parties, except when necessary to provide our services (e.g., to process payments) or when required by law.
You have the right to access, rectify, cancel, or oppose the processing of your personal data at any time. To exercise these rights, you can contact us through the contact information provided on our website.
By using our services, you agree that your personal data will be stored and processed by Kajabi and Brevo in accordance with their respective privacy policies. We recommend that you review the privacy policies of both platforms to learn more about how they protect your data:
We strive to keep your data safe and confidential. If you have any questions or concerns about our privacy policy, please do not hesitate to contact us.
Cookies and Tracking
FisiomHealth uses cookies and other tracking technologies to improve the functionality and performance of its website, personalize your user experience, and analyze site traffic. By using our services, you consent to the use of cookies and tracking technologies in accordance with our Cookies Policy.
Publicity Rights
By using FisiomHealth's services, you grant FisiomHealth a non-exclusive, worldwide, royalty-free, and transferable right to use your name, image, voice, and any other material you submit or post in connection with FisiomHealth courses for promotional and marketing purposes.
11- TERMINATION OF SERVICE
Access to Courses:
Upon purchasing a FisiomHealth course, you will gain unlimited access to its contents for a period of one year from the date of purchase. During this time, you can watch the videos, download the materials, and participate in the course activities as many times as you wish.
Renewal of Access:
If you wish to continue accessing the course contents after the initial one-year period, you will have the option to renew your access for an additional fee. The renewal will allow you to enjoy updated content and any new material that has been added to the course.
Termination by FisiomHealth:
FisiomHealth reserves the right to suspend or terminate your access to the courses in the event of a breach of these Terms and Conditions, including but not limited to, unauthorized use of the contents, sharing your account with third parties, or engaging in fraudulent activities. In the event of termination due to fraudulent use, no refund of the amount paid for the course will be made.
Termination by the User:
If you wish to cancel your access to a course before the end of the one-year period, you may do so by contacting our customer service team. However, no refunds will be offered after the 7-day trial period, as stated in our Refund Policy.
Service Availability:
FisiomHealth strives to maintain the availability of the courses at all times. However, we cannot guarantee that the service will be free of interruptions or technical errors. In the event of technical problems, we will do our best to resolve them as soon as possible.
Changes to Courses:
FisiomHealth reserves the right to modify, update, or remove the contents of the courses at any time, without prior notice. We will endeavor to keep you informed of any significant changes that may affect your learning experience.
User Responsibility:
It is your responsibility to ensure that you have the necessary technical requirements to access and use the FisiomHealth courses, including a stable internet connection and a compatible device.
We hope you enjoy our courses and that they help you achieve your professional goals.
12- FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform its obligations under these Terms and Conditions if such delay or failure is due to a force majeure event. A force majeure event is defined as any unforeseeable and unavoidable event that is beyond the reasonable control of the parties, including but not limited to:
- Natural disasters (earthquakes, floods, hurricanes, etc.)
- Wars, acts of terrorism, or civil unrest
- Fires, explosions, or other accidents
- Strikes, lockouts, or labor disputes
- Failures in the electricity or telecommunications supply
- Governmental acts or legal restrictions
- Pandemics or other public health emergencies
In the event of a force majeure event, the affected party must notify the other party as soon as possible and take reasonable steps to minimize the impact of the event. The obligations of the affected party will be suspended for the duration of the force majeure event and will resume once the event has ceased.
If the force majeure event continues for more than 30 days, either party shall have the right to terminate these Terms and Conditions by written notice to the other party.
FisiomHealth will endeavor to maintain the continuity of its services in the event of a force majeure event, but cannot guarantee the total and uninterrupted availability of the same. In the event that a force majeure event significantly affects FisiomHealth's ability to provide its services, we reserve the right to modify or temporarily suspend the services until the event has ceased.
13- SEVERABILITY
In the event that any provision of these Terms and Conditions is deemed invalid, illegal, or unenforceable by any court or other competent authority, such provision shall be severed from the Terms and Conditions, and the remaining provisions shall remain in full force and effect.
The parties agree to replace any invalid, illegal, or unenforceable provision with a valid and enforceable provision that reflects as closely as possible the original intent of the invalid provision.
The invalidity, illegality, or unenforceability of any provision of these Terms and Conditions shall not affect the validity or enforceability of the remaining provisions.
14- WAIVER
The failure of FisiomHealth to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
No waiver of any provision of these Terms and Conditions shall be effective unless it is in writing and signed by an authorized representative of FisiomHealth.
If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms and Conditions shall remain in full force and effect.
15- COMPLIANCE WITH LAWS
Users:
As a user of FisiomHealth's services, you agree to comply with all applicable laws and regulations in your jurisdiction, including data protection and privacy laws. You are responsible for ensuring that your use of FisiomHealth's services complies with all applicable local, state, national, and international laws.
Costa Rica Consumer Protection Law:
FisiomHealth is committed to complying with the Costa Rica Consumer Protection Law, which establishes the rights and obligations of consumers and suppliers of goods and services. This includes, among others, the right to receive clear and truthful information about products and services, the right to protection against unfair and deceptive business practices, and the right to file complaints and claims with the competent authorities.
Data Privacy Laws:
FisiomHealth is committed to protecting the privacy and security of its users' personal data in accordance with applicable data protection laws, including the European Union's General Data Protection Regulation (GDPR) and Costa Rica's Personal Data Protection Law.
Compliance with United States Laws:
FisiomHealth is also committed to complying with United States laws applicable to the provision of online services, including the Children's Online Privacy Protection Act (COPPA) and the CAN-SPAM Act.
Liability:
Failure to comply with any applicable law or regulation by the user may result in the suspension or termination of their access to FisiomHealth's services, without the right to a refund.
FisiomHealth reserves the right to take the necessary legal actions to enforce these Terms and Conditions and protect its rights and interests.
16- APPLICABLE LAW AND JURISDICTION
The FisiomHealth online course platform is legally represented by the company Fisiomyoga SL, located in Costa Rica.Throughout this legal text, any reference to FisiomHealth should be understood to include its legal representative,Fisiomyoga SL.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Costa Rica. Any dispute arising out of or relating to these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Costa Rica. However, FisiomHealth reserves the right to initiate legal action in any other competent jurisdiction to protect its intellectual property rights or to obtain injunctive or emergency relief.
Choice of Law:
Notwithstanding the foregoing, FisiomHealth reserves the right, in its sole discretion, to choose the law applicable to any dispute arising out of or relating to these Terms and Conditions, whether the law of Costa Rica or the law of the user's country of residence.
Arbitration:
In the event of any dispute, controversy, or claim arising out of or relating to these Terms and Conditions, or the breach, termination or validity thereof, the parties agree to attempt to resolve such dispute amicably through good faith negotiations.
If the parties are unable to reach an agreement within thirty (30) days after written notice of the dispute, either party may submit the dispute to binding arbitration in accordance with the arbitration rules of the International Center for Conciliation and Arbitration of the Chamber of Commerce of Costa Rica or any other mutually agreed international arbitration institution.
The arbitration shall be held in a mutually agreed place or, failing that, in San Jose, Costa Rica. The language of the arbitration shall be Spanish or English, as agreed by the parties. The arbitrator's decision shall be final and binding on both parties.
Exceptions:
Notwithstanding the foregoing, FisiomHealth reserves the right to initiate legal action in any competent court to protect its intellectual property rights or to obtain injunctive or emergency relief.
17- DEFINITIONS
For the purposes of these Terms and Conditions, the following terms shall have the following meanings:
- FisiomHealth: Refers to the company FisiomHealth, owner and operator of the online course platform and responsible for the provision of the services described in these Terms and Conditions.
- Services: Refers to the online courses, content, materials, tools, and resources offered by FisiomHealth through its platform, including but not limited to, videos, texts, images, graphics, quizzes, assessments, and any other educational or informative material.
- Content: Refers to any information, material, or resource provided by FisiomHealth through the Services, including but not limited to videos, texts, images, graphics, quizzes, assessments, software, and any other educational or informative material.
- User: Refers to any person who accesses, uses, or registers on the FisiomHealth platform to use the Services, whether as a student, instructor, or any other type of user.
- Course: Refers to a specific online training program offered by FisiomHealth, which may include videos, texts, images, graphics, quizzes, assessments, and other educational or informative materials.
- Virtual Campus: Refers to the online platform provided by FisiomHealth where users can access the contents of the courses, interact with other students and instructors, and participate in learning activities.
- Force Majeure: Refers to any unforeseeable and unavoidable event that is beyond the reasonable control of the parties, as defined in the "Force Majeure" section of these Terms and Conditions.
- Intellectual Property: Refers to all intellectual property rights, including but not limited to copyrights, trademarks, patents, trade secrets, and design rights, over the course contents and other materials provided by FisiomHealth.
- Personal Data: Refers to any information relating to an identified or identifiable natural person, as defined in the applicable data protection laws.
18- CONTACT
If you have any questions about these Terms and Conditions, you can contact FisiomHealth through the contact information provided on the website.
