Allimb's App offers programs & exercises that support the execution of physiotherapy and ergotherapy programs and documents their implementation. At the center the therapy allimb uses a multimodal approach based on cognitive behavioral therapy, following the standard of care.
1. Acceptance of T&C and allimb's offering
Read the terms and conditions carefully, as they govern your access to and use of Allimb Sàrl (“allimb”) website and app or any other service, for example through telephone, chat, emails or similar. Your acceptance of, and compliance with, these Terms are a condition of use. If you do not agree to these Terms or the Privacy Policy, you are not authorized to access allimb and you should leave the webpage or app immediately. Without acceptance, there is no valid agreement between the user and allimb.
Please note that Allimb is not a medical business or an insurance company and does not provide medical services, care or treatments; it does not provide telemedicine, consulting services and does not have its own medical practice. Even if a Professional Healthcare (HCP) provider suggests the usage of allimb, the HCP remains completely independent and allimb has no control over their services or offerings. The relationship between an HCP and the user is therefore direct. The allimb user will never have a physician-patient relationship with allimb.
Clicking “Accept,” you acknowledge that you have read and fully understood the Terms and Conditions contained herein, allimb's Privacy and Data Security Policy, and all other legal documents present or linked to allimb and that you fully agree and accept them. These Terms constitute the entire agreement between allimb and the user. Allimb will update these Terms and other legal documents regularly. The users should therefore periodically review these Terms and the other documents accessible in the `"legal`" section on the website www.allimb.com.
"Users" refers, here and in the entire document, to both visitors and individuals who interact with allimb in any way.
To access allimb's services the user needs to get registered. The user must be at least 18 years old and able to close contracts. There is no right to access allimb's services and allimb can decline without any specific reason.
Allimb offers a subscription based service. The exact services contained in the contract depend on the specific subscription that has been selected. All documents, including the services and the Terms & Conditions will be accessible for download and storage once the contract has been closed.
2. The purpose of allimb & who can use it
This Agreement governs Licensee's use of the allimb mobile applications that Licensee downloads from a mobile application store (e.g. Apple App Store® or Google Play Store®) or directly from internet. The Apps are always licensed, not sold and are always free for the user.
Allimb is designed to support your wellbeing and should be used only with a medical prescription. You can use allimb with or without supervision from medical professionals and perform the exercises on your own. Nevertheless, you need to have undergone prior medical examination to exclude any causes that could require treatment and to make sure that there are no contraindications to using allimb. To learn more about possible contraindication, please read the user manual.
If you have any medical condition, you should consult an HCP before using allimb or starting, interrupting, or changing any treatment. Do not use allimb if you feel weak, unstable, or not completely sure to be in good shape for exercising. Whenever there could be any risk to your health, please consult a professional health provider.
Unless an HCP examined you and explicitly told you that it is risk-free to practice sport, physiotherapy and exercises even alone at home, do not use allimb. Do not use allimb if you had an injury, weak bones, an infection, hernia or any kind of potentially life threatening disease. Do not use allimb if you have cardiovascular complaints, a cough or any sort of heart disease, or if you feel pain or weakness.
To access the App, the user needs to ensure to have the necessary Soft- & Hardware, as well as the necessary connection to the internet. Best is an access with unlimited data usage, since the user could incur in additional costs. This depends on the user's contract with its network/internet provider, so please check before if there could be added costs.
To be able to use allimb you should have at least Android Version 6.0 or iOS Version 13.0 - or newer. Otherwise it could happen that the app does not work properly.
3. Risks & Benefits
Allimb provides multimodal services related to conditions that could affect your health or wellbeing. Before using the app and engaging with any of the training programs, the user must have read and understood the specific user&aposs manual and watched and/or read the explanatory video/text. You will find all relevant information to do the program correctly. The user is obliged to answer the questionnaire correctly and completely, since these information are used to personalize the exercises and the entire program. Incorrect or wrong information can cause a wrong personalisation, leading for example to wrong courses or exercises. In this case the execution of the program can lead to pain or even injury.
Please note that the information conveyed is not sufficient to make any conclusion about health or even wellbeing. For appropriate medical care, you have to seek advice from an HCP. Allimb encourages you to speak to a professional healthcare provider and gather additional information from other sources as well, since an informed person is generally in a better position to manage and organize their own well-being and sometimes even their happiness. Some exercises require laying down or to go in the 4 legs position. If you have problems in getting back on your feet, please skip this exercises. The user can also decide to contact allimb, if there are any questions. allimb will answer in 24h, but please note that we can not provide medical advice. This service is mainly to solve general or technical issues.
4. Privacy
You can find our Privacy Policy on our webpage under "legal" or by clicking on this link. Please note that it is an integral part of Terms & Conditions. All information shared or collected is protected following the standard software security protocols, but even with the best protocols in place, there is always the risk that some kind of privacy breach could happen, affecting your personal health information. We try our best in order that this will never happen, but we cannot eliminate the risk, so be aware of this fact.
5. Access & Localization
Allimb constantly develops and improves the app, adds or deletes content and programs. This does neither influence the services allimb committed to provide to the user nor the obligation of the user to fulfill their part of the agreement.
Access of allimb services is limited to Switzerland and the EU. It is not available outside of these countries. Access to allimb is not allowed anywhere else. When registering to allimb, you agree not to use any wrong, inaccurate, or misleading user information and not to violate any regulation or law. You also accept that allimb is only used by yourself and neither the access nor the access credentials are shared.
The service is exclusively for adults and by accessing allimb you warrant that you are 18 years of age.
Allimb reserves the right to terminate the usage of any offered services at any time and without cause or notice, if there is an extraordinary termination right given by law.
Allimb does its best to offer the service but cannot guarantee it. In case of inaccessibility of allimb, for whatsoever reason, we do not take any responsibility for this lack of services.
6. Termination & revocation
The subscription ends automatically at the end of the selected period. The extraordinary termination as per law can be requested by any party at any point. allimb has such an extraordinary termination right for example when the user is younger than 18 years or not allowed to use the application because of other reasons like the incapacity to enter a contract.
In case the user withdraws the consent to share the necessary data to run the app, this will stop the usability of the app immediately and the subscription will end at the earliest moment. The user will still be responsible to pay for the service until that point of time.
At the termination the user will be able to transfer the personal data to an own device or a third party as pdf or digitally. After that possibility has been given, the app will block the account and assign a pseudonym. The account will be closed and data canceled permanently as soon as this is allowed by law. The extraordinary right to terminate the contract remains valid.
The end-user has the right to withdraw and cancel any online agreement between the end-user and allimb during a period of 14 days from the start, even if they have already paid. If you want to cancel, simply send us an email at info@allimb.com with your name and the details of the contract and a clear statement that you want to withdraw from the contract. Any payment will be reimbursed in not more than 12 days through the same payment mode.
The withdrawal right during the first 14 days period ends earlier, if allimb offers the service and the user accepts and accesses it with the clear and confirmed knowledge that by accepting and accessing the service the withdrawal right ends immediately.
7. App Stores and other websites
Any other website (Partner sites, social media, etc.) you access through allimb is completely independent and not controlled by allimb, and therefore we do not guarantee anything and are not liable for any information or services offered or provided by them.
By downloading allimb from the Apple Store, you enter into an licensee agreement only with allimb. Allimb is solely responsible for the App and any content contained therein.Apple's “LAEULA” is part of the agreement (http://www.apple.com/legal/itunes/appstore/dev/stdeula/). The allimb app is considered the “Application Provider”. In case of conflicting terms between these Terms and LAEULA, the terms of this Agreement are the more specific ones. By downloading allimb, you confirm to have read, understood and agreed to Apple App Store Terms and Conditions (http://www.apple.com/legal/itunes/us/terms.html#APPS and https://www.apple.com/legal/internet-services/itunes/us/terms.html). You further acknowledge that Apple, Inc. and its subsidiaries are third party beneficiaries of this Agreement and that Apple, Inc. has the right to enforce this Agreement.
8. Consent
By registering on allimb or by providing any of your contact details, you agree to be contacted by allimb (phone, mobile, social media, post, email, etc.). This will generally happen only if you connect with us, for example to get clarifications or support.
9. Confidential and Proprietary Content
All information, data, software, logos, content, videos, design or similar materials of allimb is proprietary and protected. The usage of allimb is allowed only for personal usage and not for any commercial use. If you want to use, link, or alter any of the above-mentioned materials, please contact allimb to obtain a previous written authorization.
10. Jurisdiction & Disclaimer
If there are any issues with allimb, we invite you to contact us directly, by writing to us at the address you find at the bottom of the webpage. In the case the issue cannot be solved, both parties agree that any issue or claim connected to allimb will be presented and decided upon by a binding arbitration that will apply the Swiss law. By agreeing to these Terms, a Swiss Arbitration will decide based on the Swiss Arbitration Act, and both parties waive their rights to go to trial.
Allimb does not warrant an error-free service and does not give any warranty about the accuracy, completeness or correctness of any information or exercise provided. Users are responsible for the use of the service and any risk that can come with it, including the risk of viruses or other malicious programs that could be downloaded with the application. The user is totally responsible for a sufficient protection of their device and should anyhow make regular backups of their data.
Allimb is liable for damage caused intentionally and through gross negligence as well as for damage resulting from injury to life, body or health in accordance with the statutory provisions. Regarding material and financial damage caused by slight negligence that is not harming life, body or health or in the event of a breach of essential contractual obligations, Allimb is liable, but only limited to the damage typically foreseeable at the time the contract was concluded. Essential contractual obligations are those obligations whose fulfillment is essential for the proper execution of the contract and on whose fulfillment the user can regularly rely.
Allimb's liability under the Product Liability Act remains unaffected.
11.1 Liability Restriction
Allimb is not liable for any direct or indirect damage caused by allimb, including for lost data, business, or time. Your sole remedy is to stop using allimb's services. In case the limitations of these terms are not applicable in part or completely, the user agrees to a maximum aggregate liability of 200 CHF, if the damage was not caused voluntary or with gross negligence.In this case the liability is not restricted.
11.2 User's duties and allimb's responsibility
The user, when sharing information, has the duty to do so correctly. Furthermore the user is responsible for not sharing the app with anyone else. In case of possible misuse of the app, the user has to inform allimb immediately.
allimb could be liable for any physical harm the app can cause, if they breached their duty voluntarily or with gross negligence, as well as if allimb neglected a primary duty, which is key to delivering the service properly.
Allimb does not guarantee the success of the program or the therapy, since this depends from multiple individual factors that are outside of the control of the app.
12. Revision & Changes
Please check the terms & conditions regularly, since allimb could update these for the future contractual obligations. Any change will be communicated upfront by the standard used communication channel, mostly via email or directly in the app. If the user does not reject the changes in a 14 days period they are accepted and become part of the contract. If the user rejects any updates, then allimb is allowed to terminate the contract immediately and the user has to pay only for the period of the service where an access was possible.
If parts of the Terms are not valid and/or unenforceable, their effects shall be limited to those clauses, or the minimum extent necessary, so that these Terms shall otherwise remain in effect.
13. Supplemental Terms & Conditions applicable to Service Providers
In addition to the above Terms, this article details special terms for Service Providers to allimb, for any person who records a video for the purpose of making the motion tracking technology more accurate. This special term prevails on the other above-mentioned terms in case of conflict. By clicking on CONFIRM, the person who intends to record content to be shared with allimb confirms to have read and understood all terms and in particular the following supplemental terms:
a. that they are over 18 years and the owners of the device that downloads the application
b. that in their country, legislation allows recording and sharing videos and personal data
c. that the application is used only by the owner of the device
d. that in case of a third party being recorded, the owner of the device must make sure that the app is started again, and that the person reads, understands, and accepts the terms. The owner of the device is solely responsible for obtaining all necessary agreements and consents. They warrant to allimb that they have the legal right and authorization to share the content they upload to allimb.
e. that they agree to share their data, included but not limited to videos, images, pictures or photos for the sole purpose of being used to increase the accuracy of the application
f. that all rights of the shared intellectual property, including but not limited to videos, images, pictures, and other data of the person are transferred to Allimb Sàrl. Allimb has a royalty-free, irrevocable, transferable right to use the content in any way, for example to copy, modify, translate, publish, share, adapt the content. In particular, allimb is allowed to create or develop services that use this data and to sell, distribute or otherwise monetise the content anywhere in the world. Allimb is under no circumstances obliged to pay for the content.
g. that they are aware that data could be shared outside of their own country or legislation and that they agree to sharing data
h. that they are not employed in any way by allimb, but support the creation of the app voluntarily
i. that they do not violate or infringe the privacy, copyright, trademark, or intellectual property rights of any person or entity. They acknowledge to be solely responsible for the content provided. Allimb has no control on what is uploaded, is not responsible for the content and assumes no liability
j. that they do not use any fake email address
k. that they do not transmit viruses or other harmful components
14. Contact details
Please contact allimb for any issue or question either via email at info@allimb.com or per mail at: Allimb Sárl - Rue de l'Industrie 23, 1950 Sion, Switzerland