Terms and Conditions
These Terms and Conditions are effective as of March 31, 2025
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
The following terms and conditions (the “Terms and Conditions”) govern your use of the BE-FIT mobile application (the “App”). The App provides guided exercise programs to persons recovering from medical procedures or hospitalization (the “Programs”).
These Terms and Conditions form an agreement between 2294804 Alberta Ltd. (the “Company”) and you. The term "you" refers to the person or entity using the App or taking part in the Programs. A copy of these Terms and Conditions may be downloaded, saved and printed for your reference. By clicking "I AGREE" or similar electronic acceptance, you agree with these Terms and Conditions.
If you do not accept and agree to be bound by these Terms and Conditions or our Privacy Policy (defined below), please do not use the App or participate in the Programs.
You may use the App only in compliance with these Terms and Conditions and all applicable local, national, and international laws, rules and regulations. If you use the App, you represent that you are of the age of majority in the jurisdiction in which you reside, and that you have full power, capacity and authority to agree to these Terms and Conditions and have not been previously suspended or removed from using the App. Do not use the App if you are under 18 years of age. If at any time the Company becomes aware that you are below the age of majority, we reserve the right, at our sole discretion, to suspend or terminate your User Account. If you are downloading App on behalf of another person, you represent and warrant that you have the authority to bind such person to these Terms and Conditions.
The Company reserves the right to amend any term of these Terms and Conditions at any time by giving 30 days’ notice. Any notices regarding modifications to these Terms and Conditions, will be in a written form and provided to you: (i) by the Company via email (in each case to the address that you provide); or (ii) via the App. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. You are not obliged to continue using the App after an amendment to these Terms and Conditions is made; however, in the event you choose to not accept the changes, you must immediately cease using the App and participating in the Programs and provide written notice to the App that you are terminating these Terms and Conditions. Your continued use of the App following any amendment shall be deemed to be your acceptance of the amended Terms and Conditions, and waiver of any additional notice requirements.
The Company reserves the right to change any information, material or content contained on or provided through the App (the "Content") at any time, and from time to time, without notice. Content does not include your Personal Data.
NOT MEDICAL ADVICE
THE APP AND THE PROGRAMS DO NOT PROVIDE MEDICAL ADVICE. The information provided on the App is for educational and informational purposes only and should not be considered medical advice, diagnosis or treatment, nor should it be considered as a substitute for any clinical support system that exists in a healthcare setting. Always consult with your healthcare professional before relying on any information or acting on any recommendations provided as part of the App or sent to you in any email by the Company. If you have any healthcare-related questions, please call or see your physician or other qualified healthcare provider without delay.
USE OF THE APP
The Company grants you a personal, revocable, non-exclusive and non-transferable license during the Term to permit you to use the App, including downloading and installing the App on your personal mobile phone device for the purpose of accessing the App and participating in the Programs in accordance with these Terms and Conditions.
As a condition of your use of the App, you warrant that: (1) you have reached the age of majority in your jurisdiction of residence; (2) you possess the legal authority to create a binding legal obligation; (3) you will use the App in accordance with these Terms and Conditions; (4) all information supplied by you on the App is true, accurate, current and complete; and (5) if you are accessing or using the App on behalf of another person or a corporate entity, you represent and warrant that you have the authority to bind such person or entity to these Terms and Conditions.
The App is provided solely (the "Permitted Use") to: (1) give you access to any services offered to you through the App, including access to Programs; and (2) provide feedback and otherwise communicate with the Company in connection with any of the foregoing.
The Company retains the right to deny access to anyone to the App at any time and in its sole discretion, if the Company deems that you have used the App in any manner contrary to the Permitted Use or if you have violated any of the terms of these Terms and Conditions.
You will defend, indemnify and hold harmless the Company, its affiliates, and their respective officers, directors, employees, agents, sponsors, licensors, and suppliers from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought in connection with or as a result of your use of the App in violation of these Terms and Conditions.
NO UNLAWFUL OR PROHIBITED USE
You will not, without the Company’s prior written permission, use the App or participate in the Programs for purposes other than the Permitted Use. Without limiting the generality of the foregoing, you will not, and will not permit anyone else to: (1) copy, reproduce, modify, distribute, transfer, sell, publish, broadcast, perform, transmit, license or circulate in any form any part of the App or the Content, or ‘frame’, ‘mirror’ or otherwise incorporate the App or the Content or any part thereof on any commercial or non-commercial website; (2) access or monitor any part of the App or the Content using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (3) violate the restrictions in any robot exclusion headers on the Content or the App or bypass or circumvent other measures employed to prevent or limit access to the App; (4) take any action that imposes, or may impose, in the Company’s discretion, an unreasonable or disproportionately large load on the App; (5) deep-link to any portion of the App for any purpose; (6) remove (or permit anyone else to remove) any watermarks, labels or other legal or proprietary notices included in the App or the Content; (7) use the App or the Content as part of any service for sharing, lending or multi-person use, or for the purpose of any other institution, except as specifically permitted by the Company and only in the exact manner specified and enabled by the Company; (8) attempt to, assist, authorise or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect the App or the Content; (9) create derivative works based on the App or the Content, in whole or in part, or to decompile, disassemble, reverse engineer or other exploit any part of the App or the Content; (10) use the App in a manner that violates the rights (including to intellectual property rights) of any third party, including by providing, uploading or transmitting any User Content (defined below) that violate such third-party rights; or (11) use the App in any way that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable.
THE APP
THE PROGRAMS
The Programs include, but are not limited to, hospital exercise programs, videos and instructions, and walking timers, and the Programs will allow users to report their progress in completing the exercise programs and journal their recovery. You acknowledge that you are using the App voluntarily, and by accessing and using the App to access Programs, you consent to receiving the Programs. The Programs do not provide you with medical advice and are not tailored to your specific medical needs. Please consult with a physician or other licensed health adviser prior to engaging in the Programs. The information available through the Programs and from any other service provided to you directly by the Company or a third party working with the Company should not be used to make any medical decisions, and is only to be used for educational and informational purposes.
LIMITATIONS
The App and Content provided through the App should not be used or relied on for medical advice or opinions, nor does it contain or constitute medical advice or opinions. Always consult with a doctor or other recognized medical professional before starting the Programs or if any participation in the Programs causes pain or serious discomfort. The Company cannot and does not guarantee any health and/or fitness results or improvements as a result of using the App or participating in the Programs.
You must use the App in consultation with your physician or other licensed health adviser.
PRIVACY
Please consult the Company’s privacy policy (the “Privacy Policy”), which contains important information about our practices in collecting, storing, using and disclosing your Personal Data (as defined in the Privacy Policy), and which his hereby incorporated into and forms a part of these Terms and Conditions.
The Company’s Privacy Policy can be accessed the following link: https://www.befit4u.com/privacy-policy
TECHNOLOGY RISKS
You understand, acknowledge and agree that the Company does not control, and accepts no responsibility for, any content passing through the Internet, the availability of the Internet generally, or for Internet connectivity. You understand, acknowledge and agree that the Internet is inherently risky even if reasonable security measures are taken. You understand, acknowledge and agree that the Company cannot and does not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the App but has implemented security controls, as well as, reasonable administrative, technical and physical safeguards in an effort to protect against unauthorized access, use, loss, modification and disclosure, of Personal Data in the Company’s control and adheres to generally accepted industry practices with respect to securing the transmission of data to, from and through the App.
Although reasonable encryption technology and other reasonable security protocols will be implemented to protect your Personal Data, you acknowledge by using the App that there are inherent risks to any technology that could cause security protocols to fail or be breached, which could result in the unauthorized collection, use or disclosure of your Personal Data. The Company will notify you to the extent required by law of any breach that has resulted in the unauthorized collection, use or disclosure of your Personal Data or User Content.
USER ACCOUNT
You may be required to successfully sign up for a user account (the "User Account") using the available interfaces within the App and provide a valid email address and password login credentials in order to use the App and participate in the Programs. You must keep your password and login credentials secure and not share them with anyone else, and you will not collect or harvest any personal data of any other user of the App, including account names or login credentials. You agree to provide accurate and complete information when creating your User Account, and it is your responsibility to maintain and promptly update your account information to keep it true, accurate, current, and complete. The Company reserves the right to disable any User Account issued to you at any time in the event of a breach of any of your warranties, representations or obligations under these Terms and Conditions. If the Company disables access to a User Account issued to you, you may be prevented from accessing the App, the Content, your account details, or any User Content.
You may not assign, transfer or sublicense your User Account and these Terms and Conditions, by operation of law or otherwise, without the Company’s prior written consent. Any attempt by you to assign or transfer your User Account or these Terms and Conditions, without such consent, will be null and of no effect.
You are responsible for any fees, including internet connection or mobile fees, that you may incur when accessing or using the App.
TERM, TERMINATION AND SUSPENSION
These Terms and Conditions will take effect on the date and at the time you select "I AGREE" when presented with the opportunity to view and agree to these Terms and Conditions.
The Company may immediately terminate, or suspend, these Terms and Conditions, or cease providing the App, at any time: (i) if you do not comply with these Terms and Conditions; (ii) if necessary to prevent threats to the privacy, security and integrity of your data or the data of any other user(s); and/or (iv) to comply with any applicable law or court order.
Either you or the Company may terminate these Terms and Conditions as follows: (1) the Company may terminate these Terms and Conditions upon 30 days’ written notice to you, by email (at your current email address on file with the Company) or through the App; (2) you may terminate these Terms and Conditions at any time upon 30 days’ written notice to the Company, by requesting (by email or through any then-available interfaces on the App) that your User Account be deleted or deactivated, ceasing use of the App and uninstalling and removing all local software components thereof from your systems, including removing the App from your mobile device.
USER CONTENT
"User Content" means any communications, messages, comments, photos, videos, images, sounds, data, information and other content or material that you upload or transmit to or through the App, or that other users upload or transmit.
By transmitting or submitting any User Content while using the App, you affirm, represent and warrant that such User Content is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions or other third party rights, and that you have permission from any third party whose intellectual property is comprised in the User Content to transmit or submit such User Content and grant the license granted in this section by you to the Company; (c) not threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable and will not cause injury to any person or entity; and (d) free of viruses, adware, spyware, worms or other malicious code. You acknowledge that the App may, with your consent, have access to the camera and microphone on your device.
Subject to these Terms and Conditions and the terms of our Privacy Policy, you grant the Company a transferrable, irrevocable, royalty-free, fully paid-up, worldwide and fully sublicensable license to access, collect, store and use any User Content that: (1) you load, transmit to or enter into the App, or (2) the App collects, retrieves or obtains from your local computer system or from third parties with your permission or on your behalf, and (in each case) including all results from processing such data, including compilations, and derivative works thereof for the purposes of: (A) providing the App to you and other users within your organization, (B) complying with applicable law, (C) reasonable audit and data retention policies, and (D) to the extent that the data is anonymous and non-identifiable, for research and analytical purposes.
OWNERSHIP
As between you and the Company, all Content, including (without limitation) all designs, infrastructure graphics, pictures, illustrations, software, artwork, video, music, sound, names, words, titles, phrases, logos and marks displayed on the App are owned or licensed by the Company and are protected by copyright, trade-mark and other intellectual property laws
The Company and its licensors expressly reserve all rights in the App, and all materials provided by the Company in connection with these Terms and Conditions that are not specifically granted to you. You acknowledge that all right, title and interest in the App, all materials provided by the Company in connection with these Terms and Conditions (including the Content), and any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with the Company (or third party suppliers, if applicable), and that the App and all materials provided by the Company hereunder are licensed and not ‘sold’ to you.
THIRD PARTY WEBSITES AND VIRUSES
The App may provide links to third party websites. These links are provided for your convenience only and the Company does not endorse the information contained on those web sites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked web site is not under the Company’s control, and if you choose to access any such website, you do so entirely at your own risk.
The downloading and viewing of Content is done at your own risk. The Company cannot and does not guarantee or warrant that the App or the Content are compatible with your computer system or device, or that the App or the Content, or any links from the App or the Content, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system or device, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system or device that may be necessary as a result of your use of the App.
DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS AND TO THE FULLEST EXTENT PERMITTED BY THE LAW THAT APPLIES TO YOUR JURISDICTION, THE COMPANY PROVIDES THE APP AND THE CONTENT WITHOUT WARRANTY OR CONDITION OF ANY KIND. USE OF THE APP OR THE CONTENT IS AT YOUR OWN RISK. THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, ABOUT THE MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, TIMELINESS, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THE APP OR THE CONTENT. THE APP AND THE CONTENT MAY INCLUDE ERRORS, OMISSIONS AND INACCURACIES. THE COMPANY DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE APP OR THE CONTENT.
THE COMPANY DOES NOT GUARANTEE THE QUALITY, SUITABILITY OR SAFETY OF THE PROGRAMS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY AGREE THAT NEITHER THE COMPANY, ITS SUPPLIERS OR ITS AFFILIATES, INCLUDING THE INDIVIDUALS WHO DEVELOPED THE APP FOR THE COMPANY, SHALL BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT THE COMPANY, ITS AFFILIATES OR ITS SUPPLIERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE APP OR THE CONTENT.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY, ITS SUPPLIERS AND AFFILIATES, INCLUDING THE INDIVIDUALS WHO DEVELOPED THE APP FOR THE COMPANY, ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE COMPANY, ITS SUPPLIERS OR ITS AFFILIATES, INCLUDING THE INDIVIDUALS WHO DEVELOPED THE APP FOR THE COMPANY, LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE APP OR THE CONTENT, AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE APP AND CONTENT, AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE LIMITATION ABOVE REFLECTS THE ALLOCATION OF RISK BETWEEN YOU AND THE COMPANY. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS AND CONDITIONS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by the laws of the Province of Alberta and the laws of Canada applicable therein, without regard to any conflict of laws principles which would lead to the application of any other laws. You hereby agree that the courts of the Province of Alberta shall have exclusive jurisdiction to entertain any action arising under these Terms and Conditions, and you hereby accept and irrevocably submit to the jurisdiction of the courts of Alberta and acknowledge their competence and agree to be bound by any judgment thereof.
A printed copy of these Terms and Conditions and of any notice in electronic form shall be admissible in any judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form.
GENERAL PROVISIONS
These Terms and Conditions, together with all policies referenced herein constitute the entire and exclusive understanding and agreement between the Company and you pertaining to the subject matter hereof, and these Terms and Conditions supersede and replace any and all prior oral or written understandings or agreements between the Company and you regarding the App.
The Company may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms and Conditions.
The Company may assign or transfer these Terms and Conditions, at its sole discretion, without restriction. Subject to the foregoing, these Terms and Conditions will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms and Conditions, will be in a written form and given: (i) by the Company via email (in each case to the address that you provide); or (ii) via the App. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
The Company shall not be liable for delay or failure of performance of any obligations required by these Terms and Conditions when such delay or failure arises from circumstances beyond the reasonable control of the Company. Such causes may include, without limitation, acts of God, acts of government in its sovereign or contractual capacity, acts of a public enemy, acts of civil or military authority, war, riots, civil strife, terrorism, blockades, sabotage, rationing, embargoes, epidemics, earthquakes, fire, flood, quarantine restrictions, power shortages or failures, utility or communication failures or delays, labour disputes, strikes, or shortages, supply shortages, equipment failures or solitary malfunctions. The time for performance of any act delayed by such events may be postponed for a period equal to the delay.
The failure of the Company to enforce any right, provision, or term of these Terms and Conditions will not constitute a waiver of future enforcement of that right, term, or provision. The waiver of any such right, term or provision will be effective only if in writing and signed by a duly authorized representative of the Company. Except as expressly set forth in these Terms and Conditions, the exercise by either party of any of its remedies under these Terms and Conditions will be without prejudice to its other remedies under these Terms and Conditions or otherwise.
If for any reason a court of competent jurisdiction finds any provision, or term, of these Terms and Conditions void, invalid or otherwise unenforceable, that provision, or term, will be enforced to the maximum extent permissible and the other provisions, or terms of these Terms and Conditions will remain in full force and effect.
CONTACT
Should you have any questions regarding these Terms and Conditions or the App, you may contact the Company via email at: befit@ualberta.ca
BE-FIT is a clinically informed recovery app designed to promote safe mobility, patient engagement, and better outcomes at the bedside and beyond.
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