Terms of Service

1. Acceptance of Terms

By accessing or using the SuloMotion platform, mobile application, website, or any related services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, you must not access or use the Service. These Terms constitute a legally binding agreement between you ("User," "you," or "your") and SuloMotion ("Company," "we," "us," or "our").

We reserve the right to modify these Terms at any time. Continued use of the Service after any changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically. If you do not agree with any modification, you must immediately discontinue use of the Service.

2. Description of Service

SuloMotion provides a technology platform designed to assist in tracking physical therapy progress. The Service includes exercise tracking, progress dashboards, and communication tools between caregivers, families, and therapists.

THE SERVICE IS AN INFORMATIONAL TRACKING TOOL. IT DOES NOT PROVIDE MEDICAL ADVICE, AND IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL DIAGNOSIS, TREATMENT, OR CARE.

SuloMotion is a supplementary tracking and communication tool. All medical decisions should be made in consultation with qualified healthcare professionals.

3. Eligibility

You must be at least 18 years of age to create an account and use the Service. If you are using the Service on behalf of a minor (including as a parent, guardian, or caregiver), you represent and warrant that you have legal authority to do so and accept these Terms on the minor's behalf. You are fully responsible for all activity conducted through your account, including activity related to any minor for whom you are providing care or oversight through the Service.

4. Account Registration and Security

To access certain features, you must register for an account. You agree to: (a) provide accurate, current, and complete information during registration; (b) maintain and promptly update your information; (c) maintain the security and confidentiality of your login credentials; (d) accept all responsibility for activity that occurs under your account; and (e) immediately notify us of any unauthorized use of your account.

We reserve the right to suspend or terminate your account at any time, for any reason, with or without notice, including but not limited to violation of these Terms.

5. User Content and Data

You retain ownership of all content you submit, upload, or transmit through the Service ("User Content"), including videos, exercise logs, journal entries, and personal information. By submitting User Content, you grant SuloMotion a non-exclusive, worldwide, royalty-free license to use, store, process, and display your User Content solely for the purpose of providing and improving the Service.

You represent and warrant that you have all necessary rights and permissions to submit your User Content and to grant the licenses described herein. You are solely responsible for your User Content and the consequences of submitting it.

Data Usage for Analytics and Platform Improvement

You hereby grant SuloMotion a perpetual, irrevocable, royalty-free, worldwide license to use, aggregate, and transform Customer Data into a completely de-identified format. This de-identified data does not contain any personally identifiable information or Protected Health Information. SuloMotion owns all right, title, and interest in this anonymized data and may utilize it for data analysis, statistical modeling, training machine learning systems, and improving the general functionality of our platform.

6. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

WITHOUT LIMITING THE FOREGOING, SULOMOTION DOES NOT WARRANT THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OBTAINED FROM THE SERVICE WILL BE ACCURATE, RELIABLE, OR COMPLETE; (D) THE QUALITY OF THE SERVICE WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SERVICE FUNCTIONS AS AN INFORMATIONAL TRACKING TOOL THAT OPERATES UNDER FDA ENFORCEMENT DISCRETION. IT HAS NOT BEEN FORMALLY CLEARED OR APPROVED BY THE U.S. FOOD AND DRUG ADMINISTRATION (FDA) FOR CLINICAL DIAGNOSIS OR MEDICAL INTERVENTION. NO INFORMATION PROVIDED THROUGH THE SERVICE SHOULD BE CONSIDERED MEDICAL ADVICE. YOU SHOULD ALWAYS SEEK THE ADVICE OF A QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS REGARDING A MEDICAL CONDITION.

CONTENT PUBLISHED ON THE SULOMOTION WEBSITE — INCLUDING THE BLOG, GUIDES, ESTIMATORS, AND OTHER EDUCATIONAL MATERIALS — IS PROVIDED FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. IT DOES NOT CONSTITUTE LEGAL, BILLING, CODING, MEDICAL, OR FINANCIAL ADVICE, AND IS PROVIDED WITHOUT WARRANTY OF ACCURACY, COMPLETENESS, OR TIMELINESS. REGULATIONS, CPT® CODE DESCRIPTORS, COVERAGE POLICIES, AND REIMBURSEMENT RATES CHANGE FREQUENTLY AND VARY BY PAYER, PLAN, AND LOCALITY; ANY RELIANCE ON SUCH CONTENT IS AT YOUR OWN RISK, AND YOU SHOULD VERIFY CURRENT REQUIREMENTS WITH CMS, YOUR PAYERS, AND YOUR OWN PROFESSIONAL ADVISORS BEFORE MAKING BILLING OR CLINICAL DECISIONS.

YOU USE THE SERVICE ENTIRELY AT YOUR OWN RISK. ANY RELIANCE ON THE SERVICE, INCLUDING ANY MOVEMENT ASSESSMENTS OR EXERCISE RECOMMENDATIONS, IS STRICTLY AT YOUR OWN RISK. SULOMOTION SHALL NOT BE LIABLE FOR ANY INJURY, HARM, DAMAGE, OR ADVERSE OUTCOME RESULTING FROM YOUR USE OF OR RELIANCE ON THE SERVICE.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SULOMOTION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, RELATED ENTITIES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER SULOMOTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SULOMOTION'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU HAVE PAID TO SULOMOTION IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, SULOMOTION'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

8. Indemnification

You agree to indemnify, defend, and hold harmless SuloMotion, its officers, directors, employees, agents, subsidiaries, related entities, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any rights of any third party, including any intellectual property, privacy, or publicity rights; (d) your User Content; (e) any injury, harm, or damage resulting from exercises or activities performed in connection with the Service; or (f) any claim that your use of the Service caused damage to a third party.

This indemnification obligation shall survive the termination of your account and/or these Terms.

9. Assumption of Risk

You expressly acknowledge and assume all risks associated with your use of the Service, including but not limited to risks of physical injury resulting from performing exercises or physical therapy activities, whether or not such exercises were tracked, suggested, or analyzed through the Service. Physical therapy and exercise involve inherent risks of injury. You agree that SuloMotion bears no responsibility for any physical injury, re-injury, aggravation of existing conditions, or any other harm that may result from activities performed in connection with your use of the Service.

You acknowledge that the Service is a tracking and communication tool and that all exercise and therapy decisions should be made under the supervision and guidance of qualified healthcare professionals.

10. Dispute Resolution and Arbitration

Binding Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved exclusively through binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator. The seat of arbitration shall be in the state where SuloMotion maintains its principal place of business.

Class Action Waiver: YOU AND SULOMOTION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS OR REPRESENTATIVE PROCEEDING.

Waiver of Jury Trial: TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE.

Small Claims Exception: Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the court's jurisdictional limits.

11. Intellectual Property

The Service and its original content (excluding User Content), features, and functionality are and shall remain the exclusive property of SuloMotion and its licensors. The Service is protected by copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service, nor may you reverse-engineer or attempt to extract the source code of the software, unless applicable law gives you the right to do so.

12. Prohibited Uses

You agree not to use the Service to:

• Violate any applicable local, state, national, or international law or regulation.
• Provide medical advice, diagnosis, or treatment to others through the Service.
• Upload content that is unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
• Attempt to gain unauthorized access to any portion of the Service or any related systems or networks.
• Use any automated means (bots, scrapers, crawlers) to access, collect data from, or interact with the Service.
• Interfere with or disrupt the integrity or performance of the Service.
• Upload videos or images of individuals without their consent.
• Use the Service for any commercial purpose not expressly authorized by SuloMotion.

13. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Service will immediately cease. You may request deletion of your account and associated data at any time by contacting us.

All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, limitation of liability, dispute resolution, and the data usage license granted in Section 5.

14. Third-Party Services

The Service may contain links to or integrate with third-party websites, services, or applications. SuloMotion does not control and is not responsible for the content, privacy policies, or practices of any third-party services. You acknowledge and agree that SuloMotion is not liable for any damage or loss caused by your use of or reliance on any third-party services. SuloMotion does not engage in affiliate marketing or lead generation through third-party links.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to its conflict of law provisions. To the extent litigation is permitted under these Terms, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Delaware.

16. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the parties.

17. Entire Agreement

These Terms, together with the Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and SuloMotion regarding the Service and supersede all prior agreements, representations, and understandings, whether written or oral.

18. Force Majeure

SuloMotion shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

19. SMS and Text Communications

By providing your mobile number and opting in during registration, you consent to receive SMS communications from SuloMotion and your physical therapy clinic regarding your care plan, account notifications, and secure authentication codes. Message frequency varies. Message and data rates may apply. You may opt out of receiving text messages at any time by replying STOP to any message. For customer support or assistance, reply HELP. SuloMotion strictly prohibits the use of the Service for affiliate marketing or lead generation. Mobile information and SMS opt-in data will not be shared with, sold to, or leased to any third parties, subsidiaries, or partners for marketing or promotional purposes.

20. Compliance with Privacy Laws and Business Associate Agreement

Certain data entered into the Service by you or your end users may be considered Protected Health Information under the Health Insurance Portability and Accountability Act of 1996. Company operates as a Business Associate for the purposes of managing this data. You acknowledge and agree that you must execute a separate, mutually agreed Business Associate Agreement with Company prior to transmitting or storing any Protected Health Information through the Service. You remain solely responsible for your own compliance with all applicable healthcare privacy and billing laws.

21. Beta Products and Experimental Features

From time to time, Company may make unreleased features or experimental modules available to you under a beta designation. These features are provided strictly for evaluation purposes and are not intended for standard commercial use. You explicitly acknowledge and agree that these beta features are provided on an "as is" basis and are not designed or verified to comply with healthcare privacy laws or Business Associate Agreement obligations. You are strictly prohibited from entering, processing, or storing any Protected Health Information or sensitive patient data within any feature designated as a beta product. Company disclaims all liability and losses resulting from your use of any beta features.

22. Contact Information

If you have any questions about these Terms of Service, please contact us at:

SuloMotion
Email: team@sulomotion.com