Acceptable Use Policy

Last Updated July 2022

The following terms apply to your use of and access to any online service provided by or on behalf of Physitrack PLC together with its subsidiaries, affiliates, agents, and licensors (collectively "Physitrack ") including but not limited to, the base Physitrack platform, Physitrack Telehealth Pro+,  Physitrack Auto-Intake and PhysiData and the associated Physitrack web and mobile applications (collectively, the "Services"), as well as any electronic transmission sent, received, posted, accessed, or stored via the Services.

1. COVERAGE OF THIS POLICY

In addition to other agreements between you and Physitrack, these terms explain the requirements that govern your access to and use of our Services. By accessing or using our Services, you agree to these terms (collectively the "Policy"), as Physitrack may modify it from time to time. Modifications to this Policy are effective upon its posting on Physitrack’s website. If you do not agree to accept and comply with the Policy, do not access or use our Services.

2. PROHIBITED CONDUCT

You may access and use our Services only for lawful purposes. You are responsible for any transmission you send, receive, post, access, or store via our Services, including the content of any communication. By using the Services you agree not to, directly or indirectly, and may not permit any entity or any other person to:

a. use or access the Services (i) from a jurisdiction where such use or access is not authorized, (ii) for any illegal purpose, or (iii) in violation of any local, state, national, or international law including the U.S. Export Administration Act and the Export Administration Regulations administered by the U.S. Department of Commerce;

b. conduct activities that may be harmful to others or that could damage Physitrack’s reputation;

c. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right, or violating any third party privacy right;

d. post, upload, or distribute marketing or advertising links or content, or any other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;

e. use scrapers, robots, or other data gathering devices not provided by Physitrack on or through the Services;

f. interfere with security-related features of the Services, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering, decompiling, or otherwise attempting to discover the source code of any portion of the Services, including the app(s), except to the extent that such activity is expressly permitted by applicable law notwithstanding this restriction;

g. interfere with the operation of the Services or any user’s enjoyment of the Services, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Services; (iii) attempting to collect personal information, or other information about another user or third party without their consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Services, or violating any regulation, policy, or procedure of any such network, equipment, or server;

h. perform any fraudulent activity including providing fraudulent services, impersonating any person or entity, claiming a false affiliation or accreditation, accessing any other Services account without permission, or falsifying your account registration information;

i. modify, translate, or create derivative works, adaptations or compilations of, or based on, the Services or part thereof, or use, copy or reproduce the Services or any part thereof other than as expressly permitted in these Terms;

j. use the Services during any activity that may distract you from safely using the Services; for example, using the Services while driving or operating machinery;

k. distribute, publish, or send through the Services: (i) any spam, including any unsolicited advertisements, solicitations, commercial e-mail messages, informational announcements, or promotional messages of any kind; (ii) chain mail; (iii) numerous copies of the same or substantially similar messages; (iv) empty messages; (v) messages that contain no substantive content; (vi) very large messages or files that disrupt a server, account, newsgroup, or chat service; or (vii) any message that is categorized as "phishing."

l. consume a disproportionate amount of available server or network resources resulting in the potential to disrupt or degrade the Services or Services usage by others. The determination of what constitutes excessive use is in Physitrack’s sole discretion; or

m. attempt to do any of the acts described in this Section 2, or assist or permit any person in engaging in any of the acts described in this Section 2.

3. INVESTIGATION AND ENFORCEMENT OF THE POLICY

Physitrack reserves the right to act immediately and without notice to restrict, suspend, or terminate your use of the Services if it reasonably determines that your conduct may: (1) expose Physitrack to sanctions, prosecution, civil action, or other liability; (2) cause harm to or interfere with the integrity or normal operations of the Services or Physitrack's systems; (3) interfere with another Physitrack customer's use of the Services; (4) violate any applicable law, rule, or regulation; or (5) otherwise present an imminent risk of harm to Physitrack or its customers.

Physitrack has the right, but not the obligation, to:

a) monitor or restrict any uses of the Services that Physitrack reasonably believes in its sole discretion violate this Policy. Physitrack is not responsible for any content that you transmit or receive utilizing the Services. You are responsible for abuse of your account by you or others;

b) investigate any violation of the Services. Physitrack may cooperate with law enforcement where criminal or unauthorized activity is suspected. By using the Services or sending, receiving, posting, accessing, or storing any electronic transmission via the Services, you agree to cooperate in any such investigation; and

c) strictly enforce this Policy through self-help, active investigation, litigation, and prosecution.

INDIRECT OR ATTEMPTED BREACHES OF THIS POLICY AND ACTUAL OR ATTEMPTED BREACHES BY A THIRD PARTY VIA YOUR ACCOUNT MAY BE CONSIDERED A BREACH OF THIS POLICY BY YOU.

4. MISCELLANEOUS

Any failure to insist on or enforce any provision in this Policy will not be construed as a waiver of any provision or right.