ATHLIMA

T&C

Introduction
These Athlima General Terms and Conditions of Contract (hereinafter, the “General Terms and Conditions”) regulate the terms under which the Athlima services – defined below – offered through the Athlima platform https://athlima.pro/ (hereinafter, the “Platform”), owned by the company Athlima (hereinafter, the “Administrator”), are engaged and used. The Platform is a digital environment where rehabilitation physicians or physiotherapists, whether independent professionals (hereinafter, “Independent Professionals”) or employees of a medical or functional rehabilitation centre (hereinafter, “Employed Professionals”) and their patients (hereinafter, “Patients”) interact to carry out therapeutic rehabilitation programmes (all of them hereinafter referred to as “Users”). Independent Professionals and Employed Professionals are hereinafter collectively referred to as “Professionals”. The Platform allows Patients to follow their rehabilitation treatment (hereinafter, “Treatment”) online, be constantly in touch with Professionals, and access data, content and exercise programmes from anywhere, transforming conventional rehabilitation into a personalised and on-the-go experience. Therefore, the service managed by Administrator through the Platform offers (a) the organisation of personalised rehabilitation and physiotherapy sessions and access to multimedia content through the Platform; (b) the storage, organisation and processing of data, including, but not limited to identification details such as photographs, name and surname(s), date of birth, email address, weight and height, within a database with remote access through the Site (hereinafter, the “Database”), (hereinafter, (a) and (b), also collectively referred to as the “Service”). The Athlima platform allows sportsmen (hereinafter "Sportsmen") to use the platform for an optimised training and recovery experience.
General Considerations
Engaging Services implies the User’s agreement, with no reservations of any kind, of each and every one of these General Terms and Conditions. These General Terms and Conditions do not amend, but rather integrate any terms and conditions or legal provisions in force between the Administrator and the User. In case of any contradiction in any provision of the terms and conditions agreed between the Administrator and the User and these provisions, the provisions of the terms and conditions agreed between the parties shall prevail. If the Service were being used on behalf of any legal entity, we assume that the person accessing the Platform and/or Service is authorised and has the authority to agree to these General Terms and Conditions on behalf of the entity they represent. In particular, Employed Professionals are aware that an agreement exists between Administrator and the medical or functional rehabilitation centre employing them (hereinafter, the “Agreement with the Centre”), the terms of which they declare that they are aware of, and which shall prevail in all cases over these General Terms and Conditions. Persons under 18 years of age may only use the Platform and/or Service under the supervision of whoever has legal custody of them (parents or guardians). Minors can only sign up to the Platform with the consent of the parent(s) or guardian(s). In any case, it shall be the sole and exclusive responsibility of the Professional to ensure that parental consent has been obtained before any minor signs up to the Platform. The Platform does not aim at substituting the opinion of Independent Professionals.
Engaging the Service and Licencing
By virtue of these General Terms and Conditions, a licence to use the Platform is granted to the User for the purposes and limitations specified herein. A nonexclusive, non-transferable, non-sublicensable and worldwide licence is granted to the User. The licence to use is granted until the relationship between the parties is terminated unless otherwise specified in these General Terms and Conditions or in specific contracts binding Administrator and the User.
Independent Professionals
The Service shall be deemed to have been engaged upon agreement to these General Terms and Conditions and the Privacy Policy. The Administrator authorises Independent Professionals to give their Patients access to the Services upon agreement to these General Terms and Conditions and the Privacy Policy, with Independent Professionals responsible for ensuring such agreement in all cases. Under no circumstances will a Patient have access to the Platform if they have not agreed to the Privacy Policy and these General Terms and Conditions.
Employed Professionals
The Service is engaged by signing the Agreement with the Centre between the medical or functional rehabilitation centre employing the Employed Professional and the Administrator and the agreement to these General Terms and Conditions by the Employed Professional. Once the Service has been engaged, Employed Professionals may give their Patients access to the Platform, with Patients responsible for agreeing to the General Terms and Conditions and the Privacy Policy when entering the Platform for the first time. Under no circumstances will a Patient have access to the Platform if they have not agreed to these General Terms and Conditions and the Privacy Policy.
Professionals "Trial period" mode
In the event that the professional has accessed the application through the "Trial" or "Trial Period" mode, he/she will have 14 days of use of the platform without any associated charge for its use. This mode can only be used by health professionals or health welfare professionals related to the field of rehabilitation during the trial period of the Athlima platform, committing to use it for the sole purpose of assessing the functionalities that compose it, and in no case to use it for therapeutic purposes with real patients. Administrator will not be responsible for storing the data for the duration of this trial period.
Patients
Patients may access the Platform and use the Service with prior authorisation and, in any case, under the Professional’s supervision, in accordance with the provisions of these General Terms and Conditions. Under no circumstances will a Patient be understood to be entitled to use the Service if this is not done under the supervision and control of a Professional. Prior agreement to these General Terms and Conditions and the Privacy Policy will be an essential requirement to access the Platform and use the Service. Access granted to Patients shall in all cases be for personal use or information purposes, and always in accordance with the provisions of these General Terms and Conditions. The Administrator reserves the right to assess the compliance of any User with these General Terms and Conditions at their discretion. Failure to comply with the General Terms and Conditions may lead to the licence to use granted to the Professional and/or access to the Patient being revoked. The Administrator reserves the right to revoke the licence to use and/or access for any reason they deem appropriate, including, but not limited to the failure to pay for the Service when due as set out in the Service Agreement or Agreement with the Centre signed between the Administrator and the relevant Professional, the belief that the conduct or use of the Platform and/or the Service by the User is contrary to applicable laws or is detrimental to the interests of the Administrator or any other User.
Sportsmen
Sportsmen may access the Platform to enhance their training capabilities and their journey as sportsmen following. The Platform provides a recommendation but it is always at the discretion of the Sportsmen to follow that recommendation. Athlima, the Platform or any related, are not responsible for how the Sportsmen uses and engages with the Platform.
Elegibility
The Professional is solely and exclusively responsible for examining and assessing the Patient and choosing the most appropriate treatment, creating a personalised exercise program specifically adapted to the Patient’s physical condition. In the event that the Patient may have a serious health condition, they should let the Professional know for proper assessment. In particular, if you are a Patient and any of these situations apply to you, do not use the Service unless a Professional has performed a medical examination on you authorising you to use the Services:
  • Pregnancy or suspected pregnancy
  • Cardiovascular disease
  • Respiratory diseases considered major or severe
  • Sensory and/or cognitive impairment affecting understanding of the methodology
  • Active cancer process, active infectious process, active thrombophlebitis and multi-pathological patients
  • Psychiatric disorder
  • If you use a pacemaker or similar device
  • If you experience a fainting or sudden loss of consciousness
Signing up to the Platform
In order to use the Service, the User will be asked to sign up to get a User account (hereinafter, the “Account”). To create the Account, the User should sign up through the Platform. The User declares and agrees to: (i) provide accurate, current and complete information in connection with the sign-up, login and/or subscription procedures on the Platform (“Sign-up Details”); (ii) not disclose their password or identification code; (iii) keep the Sign-up Details and any other information provided always up to date, complete and accurate. Each sign-up to the Platform is valid for only one User. Any identification code, password, username or other identifier is an integral part of the security systems and procedures put in place by the Administrator to protect the system and the data stored in the Database. Therefore, such data may not be disclosed to any person, not even within a group, even if it is known to the User. The Administrator reserves the right to disable the identification code, the password and/or user name corresponding to any User of the Service when – at the complete discretion of the Administrator – a breach of any provision of these General Terms and Conditions is detected. Responsibility for the confidentiality and use of the password rests solely with the User, who personally assumes all risks involved. The User’s personal information will be processed in accordance with the statement available in the Privacy Policy. The Administrator reserves the right to cancel the accounts of Users who fail to comply with the provisions of these General Terms and Conditions, including the failure to pay the fees when due as set out below.
Fees and Payment Terms and Conditions
Patient
If you are a Patient whose access to the Platform to use the Services has been given by your Professional, charging for such access is at the discretion of the Professional.
Employed Professional
If you are an Employed Professional, your medical or functional rehabilitation centre must pay the Administrator the amount agreed in the Agreement with the Centre under the terms and conditions set forth therein.
Independent Professional
If you are an Independent Professional, you must pay the Administrator the monthly subscription fee in accordance with the rates that are valid when the charges, including the applicable taxes, are incurred. Payment for the first month shall be made automatically through the credit or debit card provided by the Professional to Administrator through the Stripe payment gateway after agreeing to these General Terms and Conditions. In accordance with the foregoing, the Administrator shall issue an invoice corresponding to the monthly subscription fee to the Independent Professional. These invoices shall be sent to the Independent Professional using the email address provided upon engaging the Service. The Administrator shall debit the account specified by the User within the first 5 days of each month. Failure to pay the amount in full and on time will immediately result in default without the need for a demand letter or notice of default by the Administrator. From the time of default, the Administrator may immediately terminate or suspend the Professional’s access to and use of the Service, in whole or in part, including access to the Platform and use of the Service by their Patients. Notwithstanding the foregoing, the Administrator shall be entitled to interest for a late payment equivalent to the maximum rate permitted by law from (and including) the payment due date to the date of payment in full with interest. In any case, the Administrator reserves the right to change the Fees set out on the pricing and plans page at any time by giving prior notice to the Independent Professional one (1) month in advance of the effective date on which the new rates take effect. Any change to subscription fees will take effect for the next billing period after the Administrator has given notice of the change. Complaints related to the Service do not suspend the obligation to pay.
Sportsmen
In order to access certain functionality of the Services, you may be required to pay subscription fees. Subscription fees, along with any required taxes, can be paid on a monthly or annual basis. All subscription fees can be paid in advance. For Sportsmen who upgrade from a monthly to an annual subscription, the annual fee will take effect at the beginning of the next billing date. You agree to pay your subscription fees and any other charges you incur in connection with your Athlima account, either on a one-off basis or within a subscription. Athlima reserves the right to increase subscription fees or any associated taxes or institute new fees at any time upon reasonable notice to you. The subscription fee will be charged automatically at the beginning of each monthly or annual period, as applicable. These fees will automatically renew until your subscription is downgraded or terminated. Your subscription fee will be equal to the initial charge unless you are notified otherwise in advance. You can cancel your subscription at any time.
Duration and termination
The Administrator has the right to interrupt, suspend or terminate your access to the Platform and/or use the Service without prejudice to the Administrator’s other rights and remedies described in these General Terms and Conditions, including the right to claim damages, provided that any of the following conditions apply: (i) you fail to comply with your obligations under these General Terms and Conditions; (ii) in the event that your business is closed or liquidated. In the event that your Account is terminated for any such reason, the Professional and/or medical or functional rehabilitation centre will not receive any refund as a result of the termination. Upon termination of the Service, the Administrator will make your Account on the Platform inaccessible to you, upon one month’s prior notice by the Administrator, and the Administrator shall under no circumstances be obliged to provide you with any content or other information or to convert or export such information.
Independent Professional
You agree that access to and use of the Platform and/or Service is for one (1) month from the agreement to these General Terms and Conditions, which are automatically renewable for the same period of time and subject to these General Terms and Conditions unless otherwise specified in writing to the Administrator in accordance with the following paragraph. You may cancel free of charge within 30 days of agreeing to these General Terms and Conditions. Once the first 30 days have passed, you may cancel your subscription at any time without a commitment period. The cancellation shall be effective as of the month following written notice to the Administrator stating your intention to terminate the subscription.
Employed Professional
Your access to and use of the Platform and/or Service shall be for the period set out in the Agreement with the Centre between the Administrator and your medical or functional rehabilitation centre, which you are aware of.
Patient
If you are a Patient, access to the Platform and/or Services is for the period of time granted by the Professional. Please bear in mind that your access to the Platform and/or Services will cease, in any case, upon the termination of the access to and use of the Professional who gave you access to the Platform. Please note that once the period for which you were granted access to and use of the Platform and/or Service ends, you will no longer be able to access any exercise program assigned by your Professional or get access to its content.
Right of withdrawal
The right of withdrawal only applies to European Consumers. If you are considered a “Consumer”, in accordance with Directive 2011/83/UE of the European Parliament and the Counsel dated 25th October 2011, and the subsequent legislation of every EU country (in Spain Royal Legislative Decree 1/2007 of 16 November approving the consolidated text of the General Consumer and User Defence Act), you will have the right to terminate the agreement signed with the Administrator within fourteen (14) days following the signing of the agreement. The notice of withdrawal should be addressed to: support@athlima.pro and must be in the form of an unequivocal statement of the decision to revoke access to the Platform and/or Service. In case of exercising the right of withdrawal, the Administrator shall ensure that the User’s Account has been duly deleted.
Use of the Platform and/or Service
Users undertake to use the Platform and Services in accordance with the legislation in force, these General Terms and Conditions, the special terms and conditions that may be specified in the Contracts and other notices and instructions made known to them, as well as generally accepted standards of morality and decency and public order. Users waive the right to use any of the materials and information contained in the Platform for unlawful purposes or expressly forbidden by these General Terms and Conditions, as well as the special terms and conditions that, where applicable, are put in place, or against the rights and interests of the Administrator, their members or third parties, and shall be liable to them in case they contravene or breach such obligations, or damage, render useless, overload, deteriorate or impede normal use of the materials and information contained in the Platform and/or Services, the information systems or documents, files and all kinds of content stored in any computer equipment (hacking) of the Administrator, their members or any user or User of the Platform in any way (including introducing or spreading computer viruses). In particular, it is expressly forbidden for any Professional to upload videos that are not solely and exclusively for therapeutic use to the Platform. Under no circumstances will the Administrator be liable for the content of the videos uploaded to the Platform by the Professional, who is ultimately liable for any damage that may be caused in any case. Users undertake to indemnify and hold the Administrator, their subsidiaries and group companies, as well as their legal representatives, partners and employees harmless from and against all losses, liabilities, claims or compensation, including representation expenses and costs, which may be claimed by third parties as a result of using the Platform and/or Services under terms that do not comply with these General Terms and Conditions and/or due to the breach of the terms and conditions provided for therein, and/or as a result of the breach of the representations and warranties contained in these General Terms and Conditions.
Anti-spam policy of the Platform
Users undertake to refrain from (i) collecting data for advertising purposes and from sending advertising of any kind and communications for sales or other commercial purposes; and (ii) making data collected on the Platform and/or Service available to third parties for any purpose. Users or third parties harmed by the receipt of unsolicited messages may report this by sending a message to the following email address: support@athlima.pro.

Intellectual property rights

Athlima's property rights
Unless otherwise provided in these General Terms and Conditions, all copyright and any other intellectual or industrial property rights or any other rights of any kind relating to any content or aspects of the Platform and/or Service corresponds to the Administrator or their licensors. The User acknowledges that the Administrator is the legitimate owner of the trademarks, trade names and other names or distinctive signs on the Platform and Service and their accessory elements. These works are protected by copyright laws and international treaties in force in the EU and the world, and the rights to them are expressly reserved. Any use of the content on the Platform and/or Service not expressly authorised in these General Terms and Conditions is strictly forbidden. The User may not, directly or indirectly, copy, decrypt, electronically scan, decompile or derive any source code from any intellectual and/or industrial property owned by the Administrator to which they have access to as a result of the provision of services or reverse engineer the design and function of the aforementioned intellectual and/or industrial property. Likewise, the User undertakes to promptly and effectively report any infringement or well-founded fear of infringement by Users or third parties that may affect the legitimate interests of the Administrator which the User may become aware of. Notwithstanding the foregoing, no part of the content of the Platform and/or Service may be reproduced or stored on another website or introduced into another system for storing and searching information or providing services without the prior written consent of the Administrator.
Unauthorised uses
Any use of the Platform and/or Service that is made without prior written authorisation and that is not authorised in these General Terms and Conditions is expressly forbidden and will result in the cancellation of any licence granted on the basis of these General Terms and Conditions. Such unauthorised use could also contravene applicable laws, including, but not limited to copyright laws, trademark protection laws and other regulations on communication or the protection of personal data. We reserve the right to suspend User accounts that we believe have violated applicable laws or regulations. However, nothing in these General Terms and Conditions shall be construed as conferring any licence to intellectual property rights, either implicitly or as a conclusive fact. All licences can be revoked at any time and under any circumstance.

Access, suspension, interruption and withdrawal of the Platform and/or Service

Access
The Administrator will make every reasonable effort (in accordance with market standards for similar services) to ensure that the Platform and/or Service are accessible at all times. Suspension/Interruption/Withdrawal The Platform and/or Service are constantly evolving and their form and nature may change without notice. Likewise, the Platform and/or Service may be suspended, restricted or interrupted at any time and for any reason such as new updates, bug fixes, new features, functionalities, tools or content, among others, either with respect to a single user or for all Users. In any case, the Administrator shall not be liable if, for any reason, the Platform and/or Service are temporarily or permanently unavailable. We also reserve the right to suspend, interrupt and/or withdraw at any time and with no liability whatsoever or need to inform the User the right to use or access the Platform and/or Service, even without prior notice, in the event that the Administrator considers that the User is in breach of these Terms and Conditions. The Administrator shall, in any event, be indemnified and held harmless for any damage or loss, including loss of data, arising out of any such suspension, interruption or withdrawal of the use or access to the Platform and/or Service. The Administrator may use any operational, technological, legal or other methods available to enforce these Terms and Conditions (including, but not limited to blocking IP addresses).
Partial Invalidity
In the event that any clause in these General Terms and Conditions is declared null and void, the other clauses shall remain in force and shall be interpreted taking into account the intent of the parties and the purpose of these General Terms and Conditions.
Amendment to the General Terms and Conditions
The Administrator reserves the right to amend or update, in whole or in part, these General Terms and Conditions at any time. In case of any change or update to these General Terms and Conditions, the Administrator will notify the User through the Platform using a notice that will appear on it, which the User must agree to in order to continue using the Platform. If a User does not object to the amended terms and conditions within two (2) weeks after the publication of the new terms and conditions on the Platform, the terms and conditions shall be deemed to be accepted and shall enter into force at that time. In case the User wishes to object, they must send a written objection to the Administrator. In the event of any objection within the deadline, the contractual relationship shall be deemed to be terminated. The latest version of the General Terms and Conditions shall always be available on the Platform in a visible and freely accessible place. Please be sure to check for updates to the General Terms and Conditions each time you use the Platform and/or Service. In any case, agreement to the General Terms and Conditions shall be a prior and essential step to engage the Service. It should also be noted that some of the terms or conditions specified below may be removed and replaced with other specific provisions relating to specific functionalities and content of the Service, which may even be subject to a fee.
Assignment of subcontracting rights and obligations
The User may not assign and/or transfer the rights and obligations relating to these General Terms and Conditions, without the prior written consent of the Administrator. The Administrator reserves the right to subcontract to other natural or legal persons in order to be able to fulfil the obligations arising from these Terms and Conditions.
Communications between the Administrator and the User
All communications between the Administrator and the User relating to these General Terms and Conditions shall be done in writing and in accordance with the communication procedures set out in these General Terms and Conditions on a case-by-case basis. For all other cases that are not expressly regulated by these General Terms and Conditions, the Communications that the User intends to send to the Administrator shall be sent to the email address support@athlima.pro, always in writing and by means of a system that makes it possible to accredit the content and receipt by the Administrator of the corresponding communication.
Warranties and Liabilities
You represent and warrant to the Administrator that: you have the power and authority to agree to these General Terms and Conditions; you will not use the Platform and/or Service in a manner that infringes the rights of the Administrator or third parties, including, but not limited to intellectual property rights or rights relating to the protection of privacy; all Account information you provide will be complete, accurate and up to date when provided, and will be updated as necessary to ensure that it remains complete, accurate and up to date; all information provided by you to the Administrator or their employees and/or affiliates is accurate, complete and true when provided; The Administrator makes no warranty or representation the Platform will or can meet the User’s requirements and expectations regarding the purpose, quality, fitness for any particular purpose, compatibility with the User’s systems, or that the tool will always be available, completely error-free or that all information provided will be completely accurate. The User releases the Administrator from any liability in relation to the decisions taken and the use that may be made. To the fullest extent permitted by law, the Administrator shall not be liable for any damage, responsibility or contingency arising from the use of the Platform and/or Service by the User.
Governing law
These Terms are governed by the law of the place where the Administrator is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.
Exception for European Consumers
However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.
Venue of jurisdiction
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Administrator is based, as displayed in the relevant section of this document. Exception for European Consumers The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.
Dispute resolution
Amicable dispute resolution Users may bring any disputes to the Administrator who will try to resolve them amicably. While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of this Application or the Service, Users are kindly asked to contact the Administrator at the contact details provided in this document. The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Administrator’s email address specified in this document. The Administrator will process the complaint without undue delay and within 21 days of receiving it.