TERMS & CONDITIONS

1 Provider & Scope / Conclusion of Contract

Isabella Braun, as the owner of askisa (hereinafter referred to as ‘askisa’), offers a fee-based documentation and organisation platform for physiotherapy, sports and training exercises in the field of health promotion via the website www.askisa.co (hereinafter: ‘website’) and the associated applications, a fee-based documentation and organisation platform for physiotherapy, sports and training exercises in the field of health promotion: a mobile app for users (“app”) and a web application for expert users (‘web app’).
Scope: These General Terms and Conditions govern the use of the app (users) and web app (expert users). Disclaimer: askisa supports training and therapy processes, but does not replace medical advice, diagnosis or treatment; medical decisions are made exclusively by experts, as is the training programme by the relevant expert staff.
Conclusion of contract: – Users: Contract conclusion by registering in the app after agreeing to the General Terms and Conditions and Privacy Policy. – Expert users (physiotherapists/trainers): Contract conclusion by selecting a subscription in the WebApp, agreeing to the General Terms and Conditions/Privacy Policy and successful payment.
Expert users warrant that they are at least 18 years of age. The contract is concluded in German; the contract text is stored at askisa for the purposes of service provision/documentation.

2 Definitions

’App’: mobile application for users for documentation (including optional video recordings) as part of ongoing care.
‘WebApp’: online platform for experts and trainers for managing user profiles, viewing approved content and documentation. “User”: natural person who uses the app as part of care.
‘Therapist’: state-approved physiotherapist with WebApp access (subscription).
‘Trainer’: qualified health expert (e.g. prevention trainer, sports scientist, personal trainer) with WebApp access (subscription).
‘Expert user’: generic term for physiotherapists and trainers.
‘User’: any person who uses the app or WebApp.

3 Scope of services & availability

Functions: Upload (exercises/videos), management, display, planning/notes (web app).
Technical requirements (device, current browser/app, internet) are the responsibility of the user.
askisa strives for high availability but does not guarantee uninterrupted use; updates/maintenance may lead to temporary restrictions. Subject to change and expansion.
Upon conclusion of the contract, users receive free of charge via the app,
expert users as part of a paid subscription (e.g. monthly, annually) – access to the respective functions of the askisa platform.
These include in particular:
– for users: the ability to document their own exercises, training and therapy data, as well as optional video recordings;
– for expert users: access to a structured documentation and planning interface for creating, managing and analysing training or therapy data for the respective linked users.
The functions provided by askisa are intended solely for the organisation, documentation and support of preventive or therapeutic training and exercise programmes. They are not a substitute for medical advice or treatment and do not include instructions for the treatment of injuries or the relief of pain. askisa does not make any promises of healing
Users are responsible for providing the technical infrastructure required for access (e.g. internet connection, current browser or app versions, camera function, storage capacity). This is a prerequisite for using the app and web app functions as well as for uploading and playing videos.

4 User groups and terms of use

a) Users (app)
– Use only after invitation/code from a registered expert user.
– Use only within the scope of existing care.
– No disclosure of access data.
– Use free of charge.

b) Expert users (web app)
– Registration with complete, correct data, including billing address.
– Purchase of a paid subscription.
– No disclosure of access data; no export of user data outside the platform; work only with user accounts that the users themselves have created.

5 Obligations of expert users / use of content

Expert users must provide complete and truthful information when registering and using the platform. Any changes to this data must be communicated to askisa immediately.
The access data for the app and web app must be treated as confidential and protected from access by third parties. Accounts are non-transferable and may not be passed on or sold.
Use of the platform is permitted exclusively for preventive, therapeutic and training-related purposes. Any misuse, improper use or illegal use is prohibited. This includes, in particular, uploading or sharing content that infringes the rights of third parties or violates the purpose of the platform – such as sexualised content, offensive or discriminatory representations, inadmissible health claims or advertising.
It is prohibited to pass on, download, save, record via screen recording or otherwise exploit the content of the platform externally without express permission.
Videos recorded by a expert user as part of a support session may not be shared, forwarded or downloaded. This also applies to videos created by users, unless expressly approved in the app. Privacy and mutual respect must be maintained at all times.
Expert users shall comply with appropriate data security obligations within the platform, but may not store or export personal data outside the app or web app.
In the event of violations of these obligations or the Terms and Conditions, askisa is entitled to temporarily block or permanently delete accounts.
Users link their account to a expert user via an individual code.
By entering the code, the user expressly agrees that the following information will be transmitted to the linked expert user: name, date of birth, date of registration (‘date joined’), exercise names and information.
(10)Videos are excluded from automatic transfer. Videos can only be accessed by the user in the app.
(11)The data may only be used for support/training planning and documentation within the platform; use outside the platform is prohibited.

6 Prices/programme fees/cost coverage

The prices and subscription models for expert users communicated on the website www.askisa.co and in the web app (www.askisa.app) at the time of conclusion of the contract shall apply.
Expert users may choose from the payment methods offered on the website (e.g. PayPal, credit card). Payment is debited monthly in advance, starting on the day the contract is concluded, which is considered the first day of the billing period.
Before making a chargeable booking, expert users must ensure that their specified payment account has sufficient funds. Expert users are solely liable for any damages incurred due to insufficient funds in their account or incorrect payment details.
In the event of late payment, askisa is entitled to charge interest on arrears in accordance with the statutory provisions (currently 4% per annum for consumers).
If expert users are more than 7 days in arrears with payment, askisa is entitled to withdraw from the contract and block access to the web app.
askisa reserves the right to temporarily reduce prices as part of promotions. Expert users who already have an active subscription cannot claim a promotional price during the current subscription period. Unless expressly stated otherwise, discount codes are only valid for the first billing period after conclusion of the contract. After this period has expired, the regular price according to the respective product description or the concluded subscription shall be payable.
askisa informs that no reimbursement of costs will be made by social security institutions, health insurance companies or other cost bearers. There are currently no plans for public or private institutions to cover the costs. Should this change in the future, it is the responsibility of the expert users to apply for and process any cost coverage themselves. Rejection by the aforementioned institutions does not entitle the user to a refund of payments already made.

7 Patient Codes and Capacity (Clinic Accounts)

(1) Each clinic subscription includes a base patient code capacity calculated as 100 patient codes per active therapist, up to the maximum number of therapists included in the subscribed package.

(2) The total number of patient codes available to a clinic account consists of:

patient codes derived from active therapists,
patient codes unlocked from unused therapist capacity,
additional patient code packages purchased separately.

8 Unlocking Patient Codes from Unused Capacity

(1) If a subscribed package allows more therapists than are currently active in the clinic account, the clinic may unlock additional patient codes from this unused capacity.

(2) The maximum number of unlockable patient codes per subscription period is:

up to 500 patient codes for 2–5 therapist packages,
up to 1,000 patient codes for 6–10 therapist packages,
up to 2,000 patient codes for 11–20 therapist packages.

(3) The number of unlockable patient codes is calculated automatically based on the subscribed package and the number of active therapists in the account.

(4) Once unlocked, patient codes form part of the total patient code capacity and remain available for the duration of an active subscription.

(5) askisa reserves the right to modify unlock limits or calculation methods. Changes shall not reduce patient codes already unlocked during an ongoing subscription period.

9 Additional Patient Code Packages

(1) Clinics may purchase additional patient code packages for a recurring fee as displayed in the application.

(2) Purchased patient codes are independent of base capacity and unlocked capacity and remain available as long as the corresponding add-on is active.

(3) All payments are processed via Stripe. Stripe’s terms and conditions apply in addition to these Terms.

10 Package Upgrades (Expert Accounts)

(1) Clinics may upgrade their subscription package at any time via the account settings.

(2) Prior to completing an upgrade, pricing and package conditions will be clearly displayed.

(3) Payment for the upgraded package is processed via Stripe.

(4) The existing subscription remains active until the upgraded subscription has been successfully confirmed by Stripe.

(5) Upon successful confirmation:

the new package limits apply immediately,
billing continues under the upgraded package,
previously unlocked patient codes remain available unless explicitly stated otherwise.

11 Downgrades and Cancellation

(1) In the event of a downgrade or cancellation, the limits of the new package or the termination rules apply.

(2) Unlocked patient codes and purchased add-ons may be reduced or deactivated in accordance with the new subscription level or cancellation terms.

12 General Provisions

(1) Capacity calculations are based on the data stored in the clinic account. Clinics are responsible for maintaining accurate therapist and account information.

(2) askisa may modify, restrict, or discontinue features related to patient codes or package management for technical, legal, or business reasons.

(3) Support inquiries regarding patient codes, subscriptions, or billing may be submitted via the contact details provided on the website or in these Terms.

13 Special provision for the end of a expert user's subscription

If a expert user's subscription ends, the link to their users will be automatically deleted.
All video recordings stored in the app as part of this link will be permanently deleted from the expert user's workspace to ensure data protection and confidentiality of the content. Restoration is not possible after this.
askisa will inform the affected users by email about the unlinking and deletion of the videos. Users will also be asked whether their entire account should also be deleted. If no response is received within seven days, the user account will remain active; all associated videos will remain deleted.
Other personal data (e.g. name, exercise data, notes) will be processed or deleted in accordance with the legal bases and time limits specified in the privacy policy.

14 Waiver of the right of withdrawal

Customers expressly agree that askisa may begin fulfilling the contract immediately after conclusion of the contract – and thus before the expiry of the 14-day withdrawal period (§ 11 (1) FAGG, Austrian Distance and Off-Premises Sales Act, BGBl I 2014/33 as amended) – with the fulfilment of the contract (activation of the training videos and plans on the website).

Customers confirm that they have taken note of the fact that the premature commencement of the fulfilment of the contract means that they lose their right of withdrawal (§ 18 (1) (11) FAGG).

Paragraphs (1) and (2) apply to customers who are consumers. The FAGG does not apply to customers who are entrepreneurs. They therefore have no right of withdrawal from the outset pursuant to Section 11 (1) FAGG.

15 Liability & warranty

Use at your own risk.
askisa is only liable for damages that are attributable to gross negligence or intentional breach of duty on the part of askisa. This limitation of liability does not apply to directly caused personal injury.
Askisa is not liable for indirect damage and loss of profit.
Askisa does not owe any specific success. In particular, Askisa does not guarantee that the use of the content provided by Askisa will produce the results hoped for by the customer. The services offered by Askisa are not a substitute for medical or physiotherapeutic care/treatment.
Askisa does not make any promises of healing. Any testimonials provided by Askisa are based on the experiences of customers. Any training successes presented are not universally applicable.
Askisa is not liable for the availability, specific quality or fault-free operation of the website, unless Askisa is at fault.

16 Data protection

Customers agree to the storage of personal data, including health data, within the scope of their business relationship with askisa, in compliance with data protection regulations (in particular the General Data Protection Regulation (EU) 2016/679, or GDPR for short).
Data will not be passed on to third parties unless this is necessary for the execution of the contract or the customer has given their consent.
If customers transmit personal data from third parties, they assure that the consent of the third parties has been obtained. In this regard, customers indemnify askisa against any claims by third parties.
The rights of customers or data subjects arise in particular from the following provisions of the GDPR:
1. Right to withdraw consent to data processing (Article 7(3))
2. Right of access by the data subject, right to confirmation and provision of a copy of personal data (Article 15)
3. Right to rectification (Article 16)
4. Right to erasure, ‘right to be forgotten’ (Article 17)
5. Right to restriction of processing (Article 18)
6. Right to notification, obligation to notify in connection with the rectification or erasure of personal data or the restriction of processing (Article 19)
7. Right to data portability (Article 20)
8. Right to object (Article 21)
9. Right not to be subject to a decision based solely on automated processing, including profiling (Article 22)
10. (10)Right to lodge a complaint with a supervisory authority (Article 77)
To exercise their rights, customers or data subjects are requested to contact askisa by email or, in the case of a complaint, to contact the competent supervisory authority.
By concluding the contract, customers agree that askisa may contact them by email for motivational purposes regarding successfully completed units. Furthermore, customers agree that askisa may contact them by email at irregular intervals to remind them to participate in the programme again.
Please refer to the privacy policy on the askisa website

17 Copyrights of askisa

The copyrights and rights of use for all content provided on the website, in the app or in the web app (software, structures, designs, databases, texts, planning and documentation templates, videos, symbols, etc.) remain with askisa.
During the term of the contract, users receive a simple, non-transferable licence to use the platform and its functions exclusively for their intended purpose within the scope of the respective subscription.
Users may not reproduce, publish, copy or pass on askisa content and materials to third parties. It is also prohibited to use content or technical components for their own commercial activities or in competition with askisa.
The granting of the licence is subject to the condition precedent of full payment of the agreed subscription fee.
Users are prohibited from passing on their access data to askisa to third parties, selling it or making it accessible in any other way. They undertake to keep the access data carefully and confidentially and to protect it from unauthorised access.
In the event of unauthorised use or disclosure of content by users or by third parties who have been granted access by them, users undertake to pay a contractual penalty of EUR 10,000.00 (ten thousand euros) per infringement, subject to judicial moderation. Any further claims for damages remain unaffected.

18 Place of jurisdiction and applicable law

The business relationships between askisa and the users are subject to Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods. The applicability of mandatory consumer protection provisions of the state in which the user has her habitual residence as a consumer remains unaffected.
If the user is an entrepreneur within the meaning of the Austrian Commercial Code (UGB), Vienna shall be the place of jurisdiction and place of performance.

19 Severability clause

Should any provision of these General Terms and Conditions (GTC) be or become invalid, this shall not affect the validity of the remaining provisions.
The invalid provision shall be replaced by a provision that comes closest to the economic purpose of the original agreement. The same shall apply in the event of a loophole.

20 Final provisions

By concluding the contract, users agree to these General Terms and Conditions.
Any terms and conditions of the users themselves shall not become part of the contract unless askisa has expressly agreed to their validity in writing.
askisa reserves the right to amend these General Terms and Conditions with future effect. Registered users shall be informed of any changes. If no objection is made within the specified period, the amended terms and conditions shall be deemed to have been accepted.