FIZYOTR TERMS OF SERVICE (TOS)

Last updated: 02.10.2025

PREAMBLE

FizyoTR provides digital services that combine phone sensors (accelerometer, gyroscope, and optionally camera/pose analysis) and artificial intelligence to deliver personalized full-body movement analysis in the context of sports and physical activity.

FizyoTR offers an interactive platform via mobile application and website. Users perform guided short tests (e.g., jumping, walking, balance), and the system analyzes sensor data to provide personalized feedback and improvement recommendations.

These General Terms of Service (TOS) govern all contractual relationships related to FizyoTR’s Services, including but not limited to subscriptions.

DEFINITIONS AND INTERPRETATION

• “Agreement”: (i) these TOS, (ii) the Privacy Policy, (iii) any specific terms issued by FizyoTR, and (iv) any other contractual commitment entered into with FizyoTR for the provision of Services.

• “Application”: The software developed and operated by FizyoTR.

• “Account”: (if applicable) A corporate or individual account associated with a Customer, enabling access to Service features in accordance with the subscribed package.

• “Beneficiary”: (if applicable) A person or entity distinct from the Customer, authorized to use the subscribed Services under the Customer’s subscription.

• “General Terms of Service (TOS)”: This document governing the provision of Services and defining the rights and obligations of the Parties.

• “FizyoTR”: The service provider operating at fizyotr.com (see Assistance/Contact section for company details).

• “Parties”: Collectively refers to FizyoTR and the Customer, or individually to either of them.

• “Privacy Policy”: The policy outlining personal data processing roles and obligations of the Parties.

• “Profile”: (if applicable) A dedicated space within the Application created and managed by the Customer or a Beneficiary, associated with an individual whose movements are analyzed. The individual may not have direct access to the App or Website.

• “Customer”: Any natural or legal person with full legal capacity acting for professional/business purposes, who enters into an Agreement with FizyoTR.

• “Services”: Digital services using phone sensors and AI to deliver full-body movement analysis under this Agreement.

• “Website”: fizyotr.com.

Words in the singular include the plural and vice versa. References to laws or documents include their amendments or replacements.

SCOPE OF THE TERMS

• The Customer acknowledges that entering into an Agreement with FizyoTR requires full compliance with the TOS.
• The Customer confirms having read, understood, and accepted the TOS without reservation.
• Any subscription constitutes acceptance of the TOS.
• The TOS and other Agreement documents form the entire contractual framework between the Parties.
• The Customer’s own general terms (unless expressly accepted in writing by FizyoTR) do not apply.
• In case of conflict between these TOS and specific terms (including Privacy Policy or a separate contract), the specific terms prevail.
• The TOS are available on the Website and Application.
• FizyoTR may update or amend the TOS at any time, with notice to the Customer.
• Where an Account exists, all uses through that Account (by Customer, Beneficiaries, or others, authorized or not) are deemed Customer’s responsibility.

PROVISION OF SERVICES

2.1. Definition

Services include biomechanical analysis, such as full-body analysis, gait analysis, vertical oscillation, cadence, contact time, step symmetry, and joint angles (with optional camera/pose analysis). Results include personalized recommendations for performance improvement and injury prevention.

Customers may create multiple Profiles, manage multiple individuals’ tests, and access results. Features may be enhanced or modified at any time.

2.2. Agreement

A Customer may contract with FizyoTR by (i) signing a specific agreement, or (ii) subscribing to a Service package listed on the Website/App, detailing features, beneficiaries, profiles, price, and duration.

The Customer acknowledges:
(a) verifying suitability of Services for their needs, after receiving sufficient information, and
(b) not relying on future availability of any functionality when entering into this Agreement.

2.3. Account Creation

If applicable, to create an Account the Customer must provide:

• First name, Last name, Email address

Account access is secured by a username and password, which must be kept confidential. FizyoTR may request additional documents for identity verification. False or misleading information may result in suspension or termination.

2.4. Subscription

Subscriptions become effective upon plan selection and initial payment. Confirmation and an invoice are sent via email. Access is granted once subscription and Account requirements are complete.

2.5. Duration – Renewal – Termination

Unless otherwise stipulated by a specific agreement, subscription duration is as described on the Website/App. FizyoTR may terminate Services in case of Customer’s breach.

2.6. Modifications

FizyoTR may modify or enhance technical features of the Services at any time.

2.7. Consequences of Termination

Upon termination, the Customer and Beneficiaries lose access to the Services. Obligations on Financial Terms – Customer Warranties – Limitation of Liability – IP – Termination – Applicable Law remain in effect.

ACCESS CONDITIONS

• Valid payment method
• Internet access
• Compatible device (smartphone recommended). Minimum OS requirements are listed on app stores
• Latest version of the Application installed
• Proper test execution: phone securely positioned, tests lasting 5–10 seconds minimum, sufficient conditions (lighting, surface, stability)

(Optional video/pose analysis requires adequate resolution and framing).

FINANCIAL TERMS

4.1. Price

The Customer agrees to pay the subscription price as shown at the time of confirmation, inclusive of VAT. Telecom/internet costs are borne by the Customer.

4.2. Payment

Payments may be made by card or bank transfer. By providing card details, the Customer confirms ownership.

4.3. Invoicing

Invoices are electronic. Monthly for monthly subscriptions, annually for annual ones. Available through the Account dashboard. Uncontested invoices after 30 days are deemed accepted.

4.4. Late Payment

Late payments accrue interest and recovery costs. FizyoTR may suspend Services or terminate the Agreement until full payment is received.

USE OF SERVICES

5.1. Personal Use

The Customer shall not resell Services or transfer rights without written consent. The Customer is responsible for all activities under their Account.

5.2. Professional Use

The Customer acknowledges acting for professional purposes, and thus is not entitled to consumer law protections.

5.3. Authorized Use

The Customer agrees to use the Services lawfully, without infringing third-party rights or FizyoTR’s IP. Any breach may result in immediate termination.

5.4. Profile Management

Customer is responsible for creating/deleting Profiles within plan limits.

CUSTOMER WARRANTIES AND LIABILITY

The Customer indemnifies FizyoTR against claims or damages arising from misuse, IP infringement, false data, or violation of laws.
The Customer is fully liable for the accuracy and appropriateness of uploaded data, and for ensuring compliance with professional standards.

FIZYOTR WARRANTIES AND LIMITATION OF LIABILITY

7.1. Warranties

FizyoTR undertakes best efforts to provide Services professionally and diligently. Services are intended to be available 24/7 but may experience interruptions (telecom issues, force majeure, maintenance).

7.2. Limitations

• No liability for outages beyond FizyoTR’s control
• Services are not a replacement for medical consultation
• FizyoTR is not responsible for results, performance, or health outcomes of analyzed individuals
• FizyoTR’s liability is strictly limited to the total amount paid by the Customer in the 12 months preceding the event

USE OF ARTIFICIAL INTELLIGENCE

• AI systems improve over time but may produce inaccurate or misleading results
• Services must not be relied upon as sole medical advice
• FizyoTR may use anonymized usage data and derived movement metrics to maintain, train, and improve AI models
• Personally identifiable data is not used for training without explicit consent

IMAGE RIGHTS

The Customer warrants having rights to all submitted videos or data. FizyoTR may use submitted materials only for Service provision. All ownership remains with the Customer.

INTELLECTUAL PROPERTY

FizyoTR owns all intellectual property related to the Website, Application, and Services. Unauthorized reproduction or exploitation constitutes infringement.

ENTIRETY / NON-WAIVER

Invalidity of one provision does not affect the rest. Failure by FizyoTR to enforce a provision shall not constitute waiver.

ASSISTANCE / CONTACT

For issues, contact support@fizyotr.com or use the in-app support system. The Customer agrees to cooperate in good faith to resolve technical problems.

FORCE MAJEURE

FizyoTR shall not be liable for delays or non-performance caused by force majeure (natural disasters, strikes, legal restrictions, infrastructure outages, etc.).

GOVERNING LAW AND DISPUTE RESOLUTION

These TOS are governed by the laws of the Republic of Türkiye. Disputes shall be resolved amicably first; failing that within 6 months, exclusive jurisdiction lies with the Istanbul (Central) Courts and Enforcement Offices.

Note: This text is a draft prepared for illustrative purposes and does not replace legal advice. Consult a lawyer for compliance with applicable consumer, health, data protection, and commercial laws.