Terms of Service

Last updated: January 15, 2023

1. Introduction

Welcome to ProprioTrack. These Terms of Service ("Terms") govern your access to and use of the ProprioTrack platform, including any associated mobile applications, websites, and services (collectively, the "Service").

Please read these Terms carefully before using our Service. By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.

2. Definitions

• "ProprioTrack," "we," "us," or "our" refers to ProprioTrack Inc., the company operating the Service.
• "User," "you," or "your" refers to the individual or entity accessing or using the Service.
• "Content" refers to any information, data, text, software, graphics, messages, or other materials that are uploaded, posted, or otherwise transmitted through the Service.
• "Subscription" refers to the paid access to the Service under specific terms and conditions.

3. Account Registration and User Obligations

3.1 Account Creation

To use certain features of the Service, you may need to create an account. When you create an account, you must provide accurate, current, and complete information. You are responsible for safeguarding your account credentials and for all activities that occur under your account.

3.2 User Eligibility

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

3.3 User Responsibilities

You agree to:

• Use the Service in compliance with these Terms and all applicable laws and regulations.
• Maintain the confidentiality of your account credentials.
• Notify us immediately of any unauthorized access to or use of your account.
• Be solely responsible for all Content that you upload, post, or transmit through the Service.
• Ensure that you have all necessary rights to any Content you upload, post, or transmit through the Service.

3.4 Prohibited Activities

You agree not to:

• Use the Service for any illegal purpose or in violation of any applicable laws or regulations.
• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Interfere with or disrupt the Service or servers or networks connected to the Service.
• Attempt to gain unauthorized access to the Service, other accounts, or computer systems or networks through hacking, password mining, or any other means.
• Use any automated means, including bots, scrapers, or spiders, to access the Service or collect data from the Service.
• Transmit any viruses, malware, or other malicious code.
• Upload, post, or transmit any Content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.

4. Subscriptions and Payments

4.1 Subscription Plans

We offer various subscription plans for access to the Service. The features included in each subscription plan are described on our website or within the Service. We reserve the right to modify, terminate, or otherwise amend our subscription plans at any time.

4.2 Payment Terms

You agree to pay all fees associated with your subscription plan. All payments are non-refundable unless otherwise specified or required by law. If you choose a subscription with recurring payments, you authorize us to charge your payment method on an ongoing basis until you cancel.

4.3 Subscription Cancellation

You may cancel your subscription at any time by following the instructions in your account settings or by contacting us. If you cancel your subscription, you will continue to have access to the Service until the end of your current billing period, after which your access will be downgraded to the free version of the Service, if available.

4.4 Price Changes

We may change the fees for our subscription plans at any time. If we change the fees for your subscription plan, we will provide you with notice of the change. Your continued use of the Service after the fee change becomes effective constitutes your agreement to pay the updated fee.

4.5 Taxes

Unless otherwise stated, all fees are exclusive of applicable taxes (such as sales tax, value-added tax, or goods and services tax), which may be charged to you based on your location. You are responsible for paying all taxes associated with your use of the Service.

5. Intellectual Property Rights

5.1 ProprioTrack's Intellectual Property

The Service and its original content, features, and functionality are owned by ProprioTrack and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as expressly permitted by these Terms.

5.2 User Content

You retain all rights to any Content you submit, post, or display on or through the Service. By submitting, posting, or displaying Content on or through the Service, you grant ProprioTrack a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute such Content in connection with providing the Service to you.

5.3 Feedback

If you provide us with any feedback or suggestions regarding the Service, you grant ProprioTrack the right to use such feedback or suggestions for any purpose without compensation to you.

6. Disclaimers and Limitations of Liability

6.1 Service Provided "As Is"

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

6.2 No Guarantee of Availability

ProprioTrack does not warrant that the Service will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Service or the servers that make it available are free of viruses or other harmful components.

6.3 Limitation of Liability

IN NO EVENT SHALL PROPRIOTRACK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6.4 Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

7. Indemnification

You agree to defend, indemnify, and hold harmless ProprioTrack, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Service.

8. Termination

8.1 Termination by You

You may terminate these Terms at any time by canceling your account and discontinuing your use of the Service. You can cancel your account by following the instructions in your account settings or by contacting us.

8.2 Termination by ProprioTrack

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Service will cease immediately.

8.3 Effect of Termination

Upon termination of your account, we may delete all Content associated with your account. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Province of Quebec, Canada, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the Province of Quebec, Canada.

You agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

10. Changes to These Terms

We may update these Terms from time to time. We will notify you of any changes by posting the new Terms on this page and updating the "Last updated" date. You are advised to review these Terms periodically for any changes. Changes to these Terms are effective when they are posted on this page. Your continued use of the Service after we post changes to these Terms constitutes your acceptance of those changes.

11. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

12. Contact Us

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

Last updated: May 10, 2024