Terms of Service, Membership, Equipment & Professional Use

The short version

These Terms govern your relationship with Solutions Biotonix Inc. whenever you buy, access, or use anything from Biotonix Posture. Where the law gives you rights you can’t sign away, nothing here takes them away.

1.Who you’re contracting with

The Services are provided by:

General and legal questions go to info@biotonixposture.com. For technical help, write to support@biotonixposture.com.

Biotonix Posture is a product operated by Solutions Biotonix Inc. When these Terms say “Biotonix Posture,” “Biotonix,” “the Company,” “we,” “us,” or “our,” they all mean Solutions Biotonix Inc.

2.What these Terms cover

We use “Services” as shorthand for everything Biotonix Posture offers. That includes the website at biotonixposture.com (with its checkout, billing account, and subdomains), the app.biotonix.com platform, and the Biotonix Posture Assistant Pro mobile app. It also covers what you do through them: posture assessments, reports, exercise programs, comparative reports, 3D visualizations, educational and professional materials, and related features. Free trials, memberships, promotions, calibration grids and other equipment we sell, and the support, onboarding, and community around all of it are part of the Services too, along with any updates, replacements, beta features, or later versions.

Your use is also governed by our Privacy Policy and by the specifics you see at checkout or in your order confirmation: the plan, price, billing cycle, renewal terms, currency, equipment, shipping, and any promotional conditions.

If an authorized Biotonix representative has signed a separate written agreement with you, such as an enterprise agreement, data processing agreement, business associate agreement, order form, or service-level agreement, that signed agreement wins wherever it directly conflicts with these Terms.

No salesperson, affiliate, distributor, employee, contractor, or representative can change these Terms verbally.

3.Professional and business use

Biotonix Posture is built mainly for professionals and businesses working in health, rehabilitation, fitness, wellness, performance, and related fields. To use the Services, you need to be at least 18, have the legal capacity to enter a binding agreement, and stay within your own qualifications, training, insurance, and scope of practice. You also have to follow the laws, professional rules, licensing requirements, and privacy, recordkeeping, and patient-consent obligations that apply to your work.

Biotonix doesn’t give you a professional licence, a certification, medical authority, or the right to provide a regulated service. The platform can run an assessment, but that alone doesn’t make you qualified to interpret it, or to prescribe, supervise, or deliver any particular treatment. That judgment stays with you.

4.Plans, orders and checkout

Plans may be monthly, annual, multi-year, promotional, partner, affiliate, or trial, among others. What you see and accept at checkout, and what shows up in your order confirmation, becomes part of your agreement: the plan, the price and currency, the billing interval, any minimum commitment, the renewal period, taxes, trial conditions, discounts, equipment and shipping charges, and anything else tied specifically to that order.

If general marketing says one thing and your checkout says another, checkout controls for that order, subject to applicable law. Prices and plans can vary by country, currency, promotion, professional association, partner program, or purchase date. And a discount, legacy price, free period, or promotional offer isn’t a permanent right to that price unless we put it in writing.

5.Free trials and promotions

We may offer a free trial or a temporary access period. Unless we say otherwise when you register, a trial only opens the features named on the trial registration page, which may be limited to the quick consultation. The full consultation may need an official Biotonix calibration grid and an eligible account. Trials are for evaluation, so we may limit them to one per person, clinic, business, payment method, device, or organization, and we may reject or end registrations that are duplicated, fraudulent, abusive, or previously used. When a trial expires, its data and features may be limited or removed.

A trial only turns into a paid membership when the conversion, price, billing date, and renewal terms were shown clearly and accepted at registration. Where that applies, cancel before the trial ends to avoid a charge.

Promo codes and referral discounts can carry their own conditions. They can’t be combined unless we allow it, they have no cash value, and they can’t be transferred or resold. We may pull them back if we reasonably suspect misuse, including fraudulent, duplicate, or self-referral purchases.

6.Payment and automatic renewal

When you buy a recurring membership, you authorize Biotonix and its payment providers to charge your payment method for the initial payment, the recurring charges, applicable taxes, approved equipment and shipping, any upgrades you accept, and other amounts you clearly authorize at checkout.

Your membership renews on its own unless you cancel before the renewal charge goes through. Monthly plans renew monthly, annual plans annually, two-year plans every two years, and the terms in the order you accepted are the ones that count.

Keeping your billing details accurate and current is on you, as is watching your renewal dates and making sure your email can receive billing notices. Your bank may add currency-conversion or foreign-transaction fees, and your financial institution or payment provider may charge fees that we don’t set or control.

7.Failed payments and suspension

If a payment fails, is declined, is reversed, or goes unpaid, and where the law allows, we may retry the payment method, ask you to update it, suspend your access, put the membership on hold, stop new assessments or reports, cancel the membership, or recover what’s owed along with reasonable collection costs.

Suspending access for non-payment doesn’t cancel an unpaid commitment or wipe out amounts already due.

If something looks wrong on your bill, contact us before starting a chargeback or dispute so we have a fair chance to look into it. Chargebacks that are fraudulent, abusive, or knowingly inaccurate can lead to immediate suspension or termination, on top of any other remedy we’re entitled to.

8.Cancellation

You can cancel future renewals from your billing account or by emailing info@biotonixposture.com. Cancellation normally takes effect at the end of the paid period you’re in. Unless the law says otherwise or we confirm otherwise in writing, that means no refund for the current period, access usually continues until the period ends, unused days or reports or credits aren’t reimbursed, and amounts already due still stand.

Your request has to reach us before the renewal charge is processed, so keep your confirmation. And note that deleting the app, stopping use of the platform, removing a payment method, or cancelling a card doesn’t cancel a membership on its own.

9.Refunds

Unless the law requires it or we’ve promised it in writing for a specific offer, purchases are final. That covers memberships, renewals once processed, upgrades and plan changes, unused membership time, promotional and discounted purchases, and shipping and handling. Equipment is final sale.

None of this limits a statutory cancellation, withdrawal, refund, warranty, or consumer right you can’t waive. Where the law gives you a cooling-off or withdrawal right, it applies on that law’s terms. If you ask for immediate access to digital Services during a statutory withdrawal period, you’re asking us to start right away, which can affect those rights to the extent the law permits. When we do approve a refund, it goes back to your original payment method where we reasonably can.

10.Plan changes, upgrades and downgrades

Plan changes follow the options shown when you make the request. Depending on the case, we may apply an upgrade right away or at the next renewal, charge a prorated difference, credit your account, replace your billing schedule, or ask for the new plan to be paid in advance. We’ll tell you the exact treatment before the change goes through, or confirm it in writing.

Downgrading can cost you features, access, storage, user seats, benefits, or promotional pricing.

11.Calibration grids and equipment

You need an official Biotonix Posture calibration grid to run a full consultation, unless we make another method available. The quick consultation may work without a grid, but it won’t necessarily give you the same measurements, reporting, corrective programming, or functionality as the full one. Equipment prices, shipping, taxes, delivery estimates, and availability all appear when you order.

A grid is meant for use with an active, eligible Biotonix membership and doesn’t give independent access to the Services. Purchase limits may apply. You can’t copy, reproduce, counterfeit, digitally replicate, resell it as official Biotonix equipment, or use it to fake a connection to Biotonix, and you need to install, assemble, store, and use it by the instructions.

We’re not responsible for inaccurate results that come from the setup rather than the platform. That includes a grid that’s unofficial, modified, damaged, distorted, wrongly sized, or badly installed; an uneven floor; the wrong camera distance, angle, height, or orientation; poor lighting, shadows, or reflections; an unstable tripod or shaky handheld camera; poor patient positioning or attire; a patient or grid that isn’t fully visible; device limits; or simply not following the assessment protocol.

Check equipment soon after it arrives. If something is wrong, damaged in shipping, or defective, tell support as soon as you reasonably can and include the order number, a description, and photos. Any legal warranty or remedy that can’t lawfully be excluded still applies.

Shipping estimates aren’t guarantees. We’re not responsible for delays from carriers, customs, weather, wrong addresses, import restrictions, labour disruptions, or anything else outside our reasonable control. Unless checkout says otherwise, customs duties, brokerage fees, import taxes, and local compliance are yours.

12.Your licence to use the platform

While your membership is active and in good standing, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to use the Services in your own professional practice.

What you can do

Run the assessments you’re permitted to run, review results, generate reports, and share the right reports with the patient or client you assessed. You can use the outputs to support your professional services, and use our approved educational and marketing materials as long as you follow any brand or program rules we supply.

What you can’t do

• Resell, rent, lease, sublicense, or hand out access to the software as a standalone service, or let unrelated practitioners, clinics, or organizations use your account.
• Run one subscription at the same time across locations we haven’t authorized.
• Copy or reproduce the software, source code, interface, databases, methods, or proprietary materials, or reverse engineer, decompile, or disassemble any of it.
• Scrape, crawl, harvest, systematically download, cache, index, or extract platform data.
• Use our reports, measurements, normative data, or outputs to build or train a competing product, AI model, database, assessment system, or commercial service.
• Get around account, payment, usage, security, or feature limits, or use unauthorized bots, scripts, or integrations.
• Strip out copyright, trademark, confidentiality, or proprietary notices.
• Make false or misleading claims about Biotonix, its accuracy, validation, approvals, or capabilities.
• Use the Services for anything unlawful, discriminatory, deceptive, abusive, or harmful.

Nothing here grants a licence beyond what these Terms spell out.

13.Accounts, staff access and security

Everything done through your account is your responsibility. Keep your registration details accurate, protect your usernames, passwords, authentication codes, and devices, and use sensible security. Limit access to people who are authorized, cut off access quickly when someone leaves or changes roles, and log out of devices left unattended. If you suspect unauthorized access, tell us promptly and cooperate with any reasonable security investigation.

Staff in the same clinic can share an account only where your plan and our account instructions allow it. When they do, they may all reach the same patient database, so it’s on you to decide whether shared access is appropriate and lawful for your practice. Independent practitioners, separate patient lists, separate organizations, and simultaneous use in different locations may each need their own membership.

You’re responsible for what your employees, contractors, assistants, and anyone else using your account does or fails to do. We’re not responsible for loss or disclosure that comes from shared credentials, insecure devices, weak local controls, or former users you didn’t remove.

14.Patient and client consent

Before you enter or upload anything about a patient or client, you confirm that you have a lawful basis and a professional reason to collect and process it, that you’ve given the notices the law requires, and that you’ve obtained and documented the consent you need. You confirm the person understands their data and posture photos will be processed with Biotonix technology, that you’re allowed to send reports to any email you enter, and that you’ll honour a withdrawal of consent where the law requires it. And you confirm the information is accurate, relevant, and no more than you reasonably need.

For a minor, or anyone who can’t give valid consent, you need permission from the parent, guardian, tutor, legal representative, or other person legally authorized to give it.

Some things should never be uploaded: patient data you aren’t authorized to process, photos taken without proper consent, unnecessary ID documents, illegal or exploitative content, images with inappropriate exposure, data collected outside your professional authority, or anything whose processing would break a person’s legal or contractual rights. Use appropriate clinical attire, neutral backgrounds, data-minimization habits, and identifiers that suit your jurisdiction and practice.

Keeping your own consent and clinical records is your job. Biotonix isn’t your only patient-record or consent-management system.

15.Professional judgment and patient safety

Biotonix is an assessment and decision-support tool. It doesn’t replace the practitioner, and you keep sole responsibility for the clinical calls: whether an assessment is suitable, what the patient’s history and contraindications are, whether the detected markers and outputs are accurate and clinically relevant, and whether any markers need adjusting. Interpreting the measurements, deviations, reports, and visualizations is yours, as is choosing, modifying, supervising, or removing exercises, and deciding whether a patient should start, continue, change, or stop a program. You monitor symptoms and progress, refer on where appropriate, and meet your own legal and professional standard of care.

Don’t make a medical, clinical, rehabilitation, fitness, or safety decision on an automated report alone. Pregnancy, fertility treatment, pain, injury, illness, disability, cardiovascular or neurological concerns, balance problems, medication, age, and other individual factors can call for extra screening, modification, clearance, or referral. Any exercise program has to be reviewed by a suitably qualified professional before it’s assigned or performed.

16.Medical and clinical disclaimer

The Services don’t provide emergency care, medical diagnosis or treatment, physical therapy, chiropractic or psychological treatment, or a substitute for an examination by a qualified healthcare provider.

Reports, measurements, estimates, visualizations, suggested deviations, calculated forces, comparative results, and exercise recommendations are there to support professional assessment, education, communication, wellness, fitness, and general posture-related decisions. On their own they don’t establish a diagnosis, a disease, an injury, the cause of pain, a prognosis, fitness for work or sport, disability, whether treatment is needed or worked, or any guaranteed health or performance outcome.

17.AI and automated outputs

Some Services rely on artificial intelligence, machine learning, computer vision, statistical models, normative datasets, and automated logic. Their output can be thrown off by image quality, how the patient is positioned, clothing, anatomy and body proportions, the camera or device, lighting, the room setup, incomplete or inaccurate input, landmark-detection limits, statistical assumptions, and the limits of the software or model itself.

Automated output can contain errors, omissions, false positives, and false negatives, or results that need professional correction. Review anything material before you rely on it or share it with a patient. We don’t guarantee that every anatomical landmark is detected correctly, that every deviation is caught, that every report suits every individual, that generated exercises are fine without your review, that the same result comes back under different capture conditions, or that using the Services produces any particular clinical, financial, retention, or business outcome.

3D visualizations, new calculations, comparative tools, and other recent or beta features can change as the technology develops.

18.Patient data and privacy roles

How we handle personal information is set out in the Biotonix Privacy Policy. To the extent privacy law applies, you are the controller, custodian, business, or organization that decides why patient data is collected and used, and Biotonix is the processor or service provider handling that data on your documented instructions to run the Services. Each side is responsible for its own legal obligations.

That leaves several things with you: deciding whether the Services suit the information you process, answering patient requests and complaints, keeping the records you’re required to keep, dealing with regulators, setting retention periods, obtaining consent, making sure any international use is lawful, and deciding whether you need an extra contract.

If your use calls for a data processing agreement, business associate agreement, health-data agreement, security addendum, or similar regulated-industry contract, get one signed or electronically accepted by an authorized Biotonix representative before you upload data that needs it. On their own, these Terms aren’t a HIPAA business associate agreement or any other specialized regulatory agreement. The Data Processing Terms in Schedule A apply where Biotonix counts as a processor or service provider for patient data.

19.Your data and how we use it

Between you and us, the patient and practice data you lawfully submit stays yours. You give us a limited right to host, copy, transmit, process, display, and back it up only as far as we reasonably need to run and secure the Services, generate the assessments and reports you ask for, provide support, prevent fraud and misuse, comply with the law, and do the other things described in the Privacy Policy.

We may also create and use aggregated or properly de-identified information that doesn’t reasonably identify you or a patient, for analytics, security, service improvement, statistical research, model evaluation, and better normative references, within the limits of applicable law and the Privacy Policy. Processing patient records through the Services doesn’t make them ours. And you confirm that your data and your instructions don’t break the law, confidentiality duties, intellectual-property rights, or anyone else’s rights.

20.Data retention, export and deletion

Keeping the copies your practice is required to keep is your responsibility. The Services aren’t guaranteed to be your permanent or only patient-record archive, so before you cancel or let an account lapse, export anything you’re legally required to hold onto.

After cancellation, expiry, suspension, or termination, access to data may be limited or removed. We may keep data for the period described in the Privacy Policy, or longer where it’s needed for legal, billing, fraud-prevention, backup, dispute, or security reasons, and we may later delete or anonymize it. Deleted data may not be recoverable. Our backups exist for business continuity and disaster recovery, not as a guaranteed archive or an on-demand retrieval service, and we may reasonably verify your identity and authority before acting on an access, deletion, or export request.

21.Confidentiality

Each of us may end up with the other’s non-public information. If you receive it, protect it with reasonable care and use it only for the relationship. This doesn’t cover information that’s public without a breach, was already known without a duty of confidence, was developed independently without using the confidential information, or was lawfully received from someone else.

Either side can disclose confidential information when the law, a court order, a professional duty, or a regulator requires it, and where it’s allowed, after giving the other side reasonable notice.

22.Our intellectual property

Biotonix and its licensors keep all rights in the platform and everything behind it: the software and apps, the source and object code, the AI and computer-vision systems, the anatomical detection and marker logic, the 3D reconstruction, the calculation and scoring systems, the biomechanical, exercise, and normative databases, the workflows, interfaces, designs, report templates, educational resources, calibration-grid designs, trademarks and branding, documentation, and every update, improvement, and derivative work.

You can use and share the reports you generate to care for, educate, and communicate with the relevant patient, within privacy law and these Terms. Using a report doesn’t transfer ownership of our software, report design, methods, calculations, databases, or IP.

If you send us an idea, suggestion, correction, or feature request, you give us a worldwide, perpetual, irrevocable, royalty-free right to use and build on it, with no payment or strings attached. That doesn’t give us ownership of identifiable patient information.

23.Marketing, affiliates and public claims

Don’t claim or imply that Biotonix diagnoses, treats, cures, or prevents a medical condition, or that using it guarantees pain relief, correction, recovery, revenue, retention, or any other outcome. Don’t present yourself as an employee, agent, exclusive distributor, or legal representative of Biotonix unless we’ve authorized it, and don’t claim a certification, partnership, or regulatory approval that we haven’t expressly confirmed. Don’t suggest we back a promotional statement we haven’t approved.

Affiliates, influencers, distributors, partners, and referral participants are also bound by any separate program agreement. Self-referrals, fake transactions, misleading ads, unauthorized discounts, trademark bidding, spam, and false clinical claims are off limits, and we may pause referral credit, commissions, promotional access, or program participation while we look into suspected misuse.

24.Third-party services and app stores

The Services depend on and connect to other companies: payment processors, hosting and cloud providers, email and authentication providers, mobile operating systems, the Apple App Store and Google Play, analytics providers, shipping carriers, browsers, external links, and communication platforms. Your use of those can be subject to their own terms and privacy policies. We don’t control them and aren’t responsible for their systems, policies, decisions, outages, fees, device restrictions, app-store availability, carrier delays, or content.

Apple, Google, and other app-store operators aren’t responsible for Biotonix support, maintenance, refunds, or warranties, except where their own rules or the law require it.

25.Availability, maintenance and service changes

We aim for reliable access but can’t promise the Services are always up or error-free. They may be unavailable for scheduled or urgent maintenance, a software deployment, a hosting or network failure, a cyberattack, a third-party outage, device incompatibility, an internet interruption, a legal requirement, or anything else outside our reasonable control. Unless we’ve signed a separate service-level agreement, there’s no guaranteed uptime, response time, resolution time, or support level.

We may update, improve, replace, add, limit, or retire features. When a change materially affects a paid Service, we’ll give reasonable notice where that’s practical or the law requires it. Beta, preview, experimental, and early-access features are a special case: they may be incomplete, change without notice, behave unexpectedly, come with limited support, or be withdrawn, so don’t make one the sole basis for a critical clinical, business, legal, or recordkeeping decision.

26.Suspension and termination by Biotonix

We may suspend or end all or part of your access where it’s reasonably necessary, for reasons like non-payment, breach of these Terms, unauthorized account sharing, fraud or abuse, unlawful patient-data processing, a privacy or security threat, conduct that risks harm to a patient or to others, IP infringement, prohibited marketing claims, attempts to extract or reverse engineer the Services, a legal requirement, or the discontinuation of a Service.

Where it makes sense, we’ll give notice and a chance to fix the problem, but we may act immediately when waiting would create a security, legal, privacy, safety, financial, or operational risk. Termination for breach doesn’t earn a refund unless the law requires one. The parts of these Terms that logically should outlast the relationship, such as payment obligations, professional responsibility, patient consent, confidentiality, IP, indemnification, liability, and disputes, stay in force afterward.

27.Disclaimer of warranties

To the maximum extent the law allows, the Services and equipment come “as is” and “as available.” We disclaim the implied and statutory warranties that can lawfully be disclaimed, including merchantability, fitness for a particular purpose, uninterrupted availability, error-free performance, compatibility, accuracy, non-infringement, and the achievement of any clinical or commercial result.

We don’t warrant that the Services will meet every regulatory, insurance, professional, reimbursement, medical-record, or technical requirement that applies to your practice, so judging whether they fit is on you before you use them. Nothing in this section excludes a legal warranty or right that can’t lawfully be excluded.

28.Indemnification

This section applies to business and professional users to the maximum extent the law allows. You agree to defend, indemnify, and hold harmless Solutions Biotonix Inc. and its affiliates, officers, directors, employees, contractors, licensors, and representatives from third-party claims, damages, losses, penalties, liabilities, judgments, and reasonable legal costs that arise from or relate to your use of the Services.

That includes your breach of these Terms, your professional services and clinical decisions, how you interpret or use an assessment or report, any exercise or intervention you assign, modify, supervise, or deliver, injury or loss from your negligence or misconduct, a failure to get lawful patient consent, unlawful handling of personal information, your account or staff access, your marketing statements, your violation of professional rules or law, content or data you supply, and infringement of someone else’s rights.

We’ll give you reasonable notice of a claim and reasonable cooperation at your expense, and you can’t settle in a way that admits fault by Biotonix or puts an obligation on us without our written approval. This doesn’t apply to a claim caused solely by our own gross negligence or intentional misconduct, or where the law prohibits it.

29.Limitation of liability

To the maximum extent the law allows, Biotonix and its affiliates, officers, directors, employees, contractors, licensors, and representatives won’t be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profits, revenue, opportunity, goodwill, reputation, or expected savings. The same goes for business interruption, lost or corrupted data, patient records lost because required copies weren’t kept, third-party claims arising from your professional services, patient non-compliance, device, browser, network, carrier, app-store, or third-party failures, inaccurate information you provide, incorrect setup or image capture or grid installation or marker confirmation, and decisions made without proper professional review.

This holds no matter the legal theory, even if a remedy fails its essential purpose. Nothing here limits liability for fraud, intentional misconduct, or anything else that can’t lawfully be limited or excluded.

30.Force majeure

We’re not responsible for delays or failures caused by things outside our reasonable control. That covers natural disasters, fire, flood, epidemic or pandemic, war, terrorism, or civil unrest, labour disputes, transportation and carrier interruptions, utility or telecom failures, internet or cloud outages, cyberattacks, government action, embargoes or sanctions, supply-chain disruption, and the failure of a critical third-party provider. When something like that hits, we’ll make commercially reasonable efforts to restore the affected Services.

31.Changes to prices, Services and Terms

We may change prices for a future renewal by giving advance notice through email, your billing account, checkout, or another reasonable method. A price change normally won’t touch a prepaid period already underway.

Small changes to these Terms, such as fixing errors, improving clarity, or updating contact details, we may make without fuss as long as they don’t materially cut your rights. For material changes, we’ll give reasonable advance notice where the law requires it, and they generally take effect on the stated date or at your next renewal. Urgent changes needed for law, regulation, fraud, cybersecurity, patient safety, or serious abuse can take effect sooner. Where the law lets you reject a change and cancel without penalty, that right stays open, and continuing to use the Services after an enforceable update takes effect counts as acceptance where the law permits.

32.Notices

We may reach you through the email tied to your account, your billing account, the platform or app, the website, or another contact method you gave us, so keep a current email and read your account messages.

Legal notices to us go to info@biotonixposture.com and should identify the account, the sender, the issue, and the resolution you want. A cancellation request should clearly name the account email and the membership.

33.Dispute resolution and governing law

Before anyone starts formal proceedings, both sides agree to make a real, good-faith effort to work it out in writing for at least 30 days. These Terms are governed by the laws of the Province of Québec and the federal laws of Canada that apply there, without regard to conflict-of-law rules. Subject to any right you can’t waive to bring a claim elsewhere, the courts in the judicial district of Richelieu, Québec have jurisdiction over disputes arising from these Terms or the Services.

None of this forces a consumer into mandatory arbitration, restricts a right to take part in a legal proceeding where that restriction is prohibited, stops either side from seeking urgent injunctive relief over security, confidentiality, or IP, or limits any consumer right you can’t waive.

34.Language

These Terms should be available in French by the time Québec law requires it, if not sooner. Where you’re legally entitled to choose another language after receiving the French version, we’ll respect your choice. Any Italian or other translation is there to make things more accessible. Mandatory language requirements and rights you can’t waive still apply, and the versions should be read to mean the same thing wherever that’s reasonably possible.

35.General provisions

These Terms, the Privacy Policy, your accepted checkout information, the order confirmation, and any signed agreement that applies make up the whole agreement about the Services. If we don’t enforce a provision right away, we can still enforce it later. If a provision turns out to be invalid or unenforceable, it’s trimmed to the minimum needed and the rest stays in force.

You can’t assign or transfer your membership, account, or agreement without our written approval. We can assign these Terms as part of a merger, reorganization, financing, or sale of the business, subject to applicable law. These Terms don’t create a partnership, employment relationship, joint venture, franchise, fiduciary duty, or agency. Headings are just for convenience and don’t change the meaning. And we can form and evidence this agreement through electronic acceptance, records, and communications to the extent the law allows.

A.1Roles

You are the controller, custodian, business, or organization that decides the purposes of the patient-data processing. Solutions Biotonix Inc. is the processor or service provider that processes patient data to run the Services.

A.2Subject matter and duration

The subject is the hosting and processing of patient data through the Biotonix Posture Services. Processing runs for as long as the account relationship lasts, plus any lawful retention, backup, security, dispute, or deletion period described in the Privacy Policy.

A.3Nature and purpose

Processing may involve collecting, transmitting, and securely hosting patient data, organizing, storing, and retrieving it, running analysis and anatomical landmark detection, generating measurements, reports, and exercise programs, sharing reports on your instruction, troubleshooting, backing up, deleting, and handling security and fraud prevention. The purpose is to provide, maintain, protect, and support the Services you ask for.

A.4Categories of data

Depending on how you use the Services, patient data may include name, patient or reference number, date of birth, age, sex or gender entered by the practitioner, language preference, email address, height and weight, professional notes, posture photographs, anatomical landmarks, posture measurements, identified deviations, assessment results, exercise programs, generated reports, and assessment history. Don’t upload extra sensitive information unless it’s necessary, lawful, and supported by the Services.

A.5Categories of data subjects

Data subjects may include your patients, clients, athletes, or assessment participants. They can include minors only where you’ve obtained the legally required parental, guardian, tutor, or representative consent.

A.6Processing instructions

Biotonix processes patient data only to provide the Services, in line with these Terms and your lawful use of platform features, according to documented support instructions, as described in the Privacy Policy, or where the law requires it. If the law ever forces us to process data outside your instructions, we’ll tell you where that’s legally allowed.

A.7Confidentiality

The people we authorize to process patient data are bound by appropriate confidentiality duties.

A.8Security

We maintain reasonable technical, administrative, and organizational safeguards suited to the nature of the Services and the risks of the processing. No storage or transmission is ever completely secure, and we can’t guarantee an incident will never happen.

A.9Subprocessors

We may use subprocessors for hosting, authentication, support, security, email, analytics, backup, and infrastructure. Where a subprocessor handles patient data, we require it to protect that data through contractual or legal obligations suited to its role. We may make information about material subprocessors available through the Privacy Policy, our documentation, or on reasonable request.

A.10Assistance

Given the nature of the processing and the information reasonably available to us, we’ll give reasonable help with data-subject requests, security incidents, privacy-impact or risk assessments, regulatory inquiries, and other processor assistance the law requires. Verifying requests, communicating with patients, making the legal calls, and responding to regulators stay with you. We may charge reasonable fees for assistance that’s excessive, repetitive, heavily customized, or outside normal platform support, where the law allows.

A.11Security incidents

We’ll tell you without undue delay once we’ve confirmed a security incident involving patient data, where the law requires notice. Our notice is based on what’s reasonably known at the time and may be updated as we learn more. Deciding whether patients, professional bodies, insurers, regulators, or others need to be told is yours, except where the law puts that directly on us.

A.12Deletion or return

After termination, we’ll delete, return, anonymize, or retain patient data according to the choices available in the platform, the Privacy Policy, our backup cycles, legal requirements, security and fraud-prevention needs, and any separately signed agreement. Export the reports and records you need before your access ends.

A.13Audits and compliance information

On reasonable written request, we’ll make available the information reasonably needed to show we’re meeting our processor obligations. Any audit has to protect our confidential information and that of other customers, avoid unreasonable interference with operations, use existing independent reports or questionnaires where those are enough, be run by a qualified independent auditor, happen no more than once a year unless a confirmed incident or a regulator request calls for more, and be paid for by you unless the audit finds a material breach on our side. No audit can reach source code, security secrets, other customers’ information, or systems in a way that creates a security risk.

A.14International processing

Where patient data crosses borders, each side follows the transfer requirements for its role. Any extra transfer mechanism, standard contractual clause, or regional addendum has to be agreed separately where the law requires it.

A.15Conflict

If this Schedule conflicts with another provision about how Biotonix processes patient data, this Schedule wins for that processing.