OPEN S.R.L.

TERMS AND CONDITIONS

The "disclaimer" and "general conditions" apply to the contents and services of the website https://www.onephysio.it and are valid for all users and visitors of the site and the social profiles connected as well as to the OnePhysio App.

The use of the site implies acceptance of the clauses provided therein.

GENERAL CONDITIONS

1) GENERAL PROVISIONS

These general conditions (hereinafter "general conditions") govern the purchase of programs and video lessons between Open s.r.l. (hereinafter "the Owner") and the consumer (hereinafter "the User" or "the Customer") through the website https://www.onephysio.it (hereinafter "the Site").

The distance selling service governed by the general conditions is reserved exclusively for consumers; Consumer means a natural person, over 18 years of age, who acts for purposes unrelated to his or her trade, business, craft or profession.

The language used for the conclusion of sales contracts on this site is Italian. However, the Site and this Agreement are translated into multiple languages to allow use by non-English speaking users, to ensure that non-English speaking users can fully understand the terms and conditions of the Agreement and use the Site appropriately.

This document regulates the relations between Open s.r.l and the user as identified above who makes online purchases on the site https://www.onephysio.it in accordance with the provisions of Part III, Title III, Chapter I of the Italian Consumer Code (Legislative Decree No. 206/2005 amended by Legislative Decree No. 21/2014) and the rules on e-commerce referred to in Legislative Decree No. 70/2003.

If you do not agree to these terms, you are not authorized to use the services offered by the OnePhysio Site or App.

These conditions may be modified at any time and these will be valid from the date of publication of the same.

The Data Controller invites you to carefully read the General Terms and Conditions, available on the Website on the "Terms and Conditions" page, in order to familiarise yourself with them and memorize them. It will not be possible to access the services offered without registering on the site which implies acceptance of all the rules reported herein.

2) IDENTIFICATION OF THE SELLER.

The services covered by these general conditions are provided by the Company Open s.r.l. with registered office in Corso Galileo Ferraris 80 – 10129 Turin (TO), REA Registration no. To – 1238689, p.i. 11757650012, certified e-mail address [email protected] , e-mail address [email protected] .

OnePhysio is a trademark owned by Open s.r.l..

3) OBJECT OF THE CONTRACT.

The object of this contract is the sale, through organized telematic tools, of rehabilitation programs and exercises and/or daily post-traumatic and/or post-intervention video lessons of a physiotherapy nature (hereinafter "the services") on the "OnePhysio" platform at the website https://www.onephysio.it

The services will be available to the user through multiple digital tools such as the website and the App. The "OnePysio" app is a free app whose contents are paid and related to the purchase of the services offered. The "OnePysio" app also provides some free programs. You can download the OnePhysio app on your smartphone by following these steps:

For Android terminals:

1. Access the browser on your Android smartphone.

2. Go to https://play.google.com/store/ .

3. Search for the "OnePhysio" app.

4. Click on the "OnePhysio" app to open the download page.

5. Press the "Install" button to start downloading and installing the app.

To download the OnePhysio app directly from the Google Play Store to your Android device:

S On your Android device, open the "Play Store" app.

1. Tap the search icon (the magnifying glass) at the top.

2. Type "OnePhysio" into the search bar and press the search button (the lens icon).

3. In the list of search results, find the "OnePhysio" app and tap on it to open the download page.

4. Tap the "Install" button to start downloading and installing the app.

For Apple terminals:

1. Access the browser on your iPhone or iPad.

2. Go to https://www.apple.com/app-store/ .

3. Search for the "OnePhysio" app.

4. Click on the "OnePhysio" app to open the download page.

5. Press the "Download" or "Get" button to start downloading and installing the app.

To download the OnePhysio app directly from the App Store on your Apple device:

1. On your iPhone or iPad, open the "App Store" app.

2. Tap the search icon (the magnifying glass) at the bottom.

3. Type "OnePhysio" into the search bar and press the "Search" button on your keyboard.

4. In the list of search results, find the "OnePhysio" app and tap on it to open the download page.

5. Tap the "Download" or "Get" button to start downloading and installing the app.

4) REGISTRATION ON THE SITE AND METHODS OF STIPULATION OF THE CONTRACT.

In order to purchase the services offered, the user must register on the site, thus confirming that he or she meets the consumer's requirements, by filling in the appropriate form Form registration and then logging in again by entering the username and password indicated during registration. To complete the registration, it will also be necessary to enter a 6-digit account verification code that will be sent to the user during registration to the email address provided, which must be true and in use by the user. Following the insertion of the code in the appropriate box, the user will receive an email to their registration confirmation address.

Registration on the site is free.

The information and personal data entered must be truthful, accurate and up-to-date. The user assumes full responsibility for the correctness of the same.

The site is accessible exclusively through the internet, the costs of which are borne by the user and established by their connectivity provider.

In order to purchase the service, the user must view the programs offered under the "Video Exercises" section and select the program he intends to purchase.

Once the service(s) have been selected, the user can check the contents of the electronic shopping cart where he will be made aware of the total price, the prices of the individual selected services and any other ancillary charges, the payment methods, the conditions of withdrawal, the characteristics of the product (which can be viewed at the access link to the "Video Exercises" page) and the warning that the completion of the purchase order implies the duty of the Payment of the price indicated.

Finally, before the final submission of the order, the user is required to view and accept by flagging the appropriate box relating to these terms and conditions, the disclaimer, privacy and cookie policy indicated under the name of "Terms and Conditions" which will be accessible through the appropriate link (onephysio.it) . By placing the corresponding flags, the user declares that he has read and accepted all the information provided by him pursuant to the aforementioned regulations.

5) CONCLUSION OF THE CONTRACT.

The presentation of the services constitutes an offer to the public and the contract is considered concluded when the Data Controller receives on its server the message of successful submission of a valid order by the User.

At the end of the purchase of the service, the User will receive an e-mail from the Owner confirming the activation of the service (hereinafter "Confirmation").

The Confirmation contains the summary of the service purchased, the customer's details, the order number, the detailed price of the service, the chosen payment method and the link to download and print a copy of the following conditions.

Only after receiving the Confirmation, the User will have free access to the purchased content.

6) TYPES OF ONEPHYSIO PROGRAM.

The services offered by OnePhysio are paid and divided into paid and/or free programs.

The programs are those that can be viewed at the link https://www.onephysio.it/all-products .

By going to the link indicated above, the user will be able to choose which service to purchase from those offered and available and then select which one best meets his needs.

For each program, the features and prices are indicated. Please note that in order to use some services in their full form, it may be necessary to use specific equipment and tools (such as, but not limited to, ankle braces, crutches, elastic bands, etc.). This equipment is not included in OnePhisyo's services and must be purchased by the user separately.

You may purchase multiple programs at the same time.

The User with active duty has the right to access and use the OnePhysio APP. The service will remain active and available for 365 days from the day of purchase on the User's person page.

7) PAYMENT TERMS AND CONDITIONS.

Payment for services purchased through the site can only be made at the time of confirmation of the desire to purchase.

Payment is made through one of the methods indicated and selectable in the purchase procedure and listed below:

- Payment by accepted credit cards such as Maestro, Mastecard, Visa and American Express;

- Payment via PayPal;

- Payment via Stripe. The user can pay for their order through the Stripe platform which allows you to make and receive payments by rechargeable card or credit card falling within the Visa or Mastercard circuit.

The receipted invoice, where required, will be downloadable from your Dashboard in the "Order History" section once the payment has been made.

The Account Holder is not liable for cases of payment failure, such as the incorrect entry of one's credit card details or interruption of the internet service. In any case, if the expenses relating to the User's purchase are not processed correctly, the Owner reserves the right to suspend the service until the payment is successfully executed.

The User, for the purpose of executing the payment, is required to communicate any changes to his personal data.

The price for the use of the service must be paid to the Data Controller regardless of how often the User accesses the site or how much he actually uses it.

8) DISCOUNT CODES.

The discount code can be used by anyone who is entitled to it. The discount code has a discount value on the price of the program purchase which is reduced by a fixed amount or a fixed percentage on the total purchase price, even if more than one product is purchased. Discount codes do not apply to amounts corresponding to shipping costs or any other costs included in the purchase. The method and amount to be reduced will be expressly specified in each discount code.

Discount codes are only valid for orders whose price exceeds the amount of the discount code.

Discount codes can only be used if the holder of the codes decides to make them available on the website at his or her undisputed decision. The cardholder can determine the specific period during which discount codes can be used. After this period has expired, discount codes will no longer be valid and cannot be redeemed.

Discount codes can only be used by Onephysio Programs through the website https://www.onephysio.it . The Owner reserves the right to make them valid only for certain programs but the user will be promptly informed of any limitations applicable to the discount code.

Only one discount code is valid per order and it is not possible to place different orders with the same code. Once redeemed, the code will be invalidated for security reasons.

The discount code is not susceptible to exchange, alteration or economic compensation, neither in money, nor does it generate interest.

To use the code you need to enter the same in the box on the purchase summary page. After such use, the code will be invalidated.

9) WARRANTIES AND LIABILITY – DISCLAIMER.

The services sold by the Data Controller do not perform any medical-health, diagnostic, physiotherapy, treatment or similar function and cannot be considered a substitute for adequate specialist medical advice and/or physiotherapy care as these have the sole purpose of dissemination and constitute guidelines, suggestions.

The user, by purchasing the services, assumes all known and unknown risks associated with the services and the full responsibility for his choice for his health and safety: he is aware of the risk associated with the use of the information and indications that are provided, and hereby agrees to hold the Owner not responsible for injuries or damages resulting from the use of such indications, indemnifying him from any liability in terms of pecuniary damages, direct and indirect non-pecuniary damages.

The services are prepared by subjects enrolled in the professional categories of reference recognized by the respective competent Orders/Registers as prescribed by law. However, since the Owner cannot have any control over the user, We invite you to consult a doctor/physiotherapist before starting any exercise or video lesson.

The information and/or contents are as up-to-date and official as possible, however the Data Controller does not assume responsibility for the information reported in any way nor does it guarantee that it is free from errors, omissions and/or inaccuracies.

For information we mean:

- the exercises carried out in the programs;

- guides to manuals/videos and video guides/brochures and/or other information material made available online or in print.

Such content therefore cannot replace a medical/physiotherapy course developed by a doctor or specialist. The User is therefore required, before using the services, to contact a doctor and/or specialist for the formulation of a diagnosis and any correct rehabilitation/therapeutic educational program to be followed.

The site may establish hyperlinks to other websites operated by third parties, including advertisements and other content providers. The site and the Data Controller are not required to exercise any form of control over this aspect and therefore decline any responsibility for damages, claims and direct or indirect losses deriving in any form to the User, from the use and/or operation of third-party sites or third-party services reached through such links. Therefore, the risks associated with the use of these sites will be entirely borne by the user.

The Owner does not guarantee that the services will lead the User to achieve the desired results as they depend on factors that are independent and not known to the Owner, such as previous physical fitness and medical history as well as lifestyle habits.

The Data Controller does not provide physiotherapy medical advice in lieu of the doctor's opinion and does not in any way constitute a remote specialist health visit . In the event that a personalized opinion is expressed on a diagnosis, a rehabilitation program or the execution of a particular exercise, this opinion must be considered purely indicative and not binding or substitute or corrective to the opinion of one's doctor or physiotherapist and provided for mere popular/informative purposes. It is therefore Always consult your doctor or physiotherapist.

If the user uses equipment/equipment for the performance of the services, he assumes responsibility that these are in adequate operating and/or installation condition.

Therefore, the Data Controller is not liable:

- for any direct or indirect prejudice that may derive to the user from the performance of the exercises in a manner that differs from the indications provided in the services, which is therefore left to the appreciable autonomy and self-determination of the user;

- for any injury suffered by the user during the execution of the exercises and direct and indirect damages;

- for the failure to achieve the user's objectives/results/expectations.

The Owner reserves the right to suspend or close the User's personal account, as well as access to the site, in the event that any information provided by the User during the registration process should prove to be untrue, inaccurate, not updated or incomplete. The Owner also reserves the right to unilaterally and at its discretion close the User's personal page, for technical reasons, by request of the judicial authority, by law or where there is a use of the account other than that specifically permitted.

The User acknowledges that falsehoods and/or omissions in the aforementioned declarations will constitute a serious breach of contract to all intents and purposes and will result in the termination of the contract pursuant to art. 1456 of the Italian Civil Code

The User undertakes, once the purchase has been completed, to print and keep these general conditions that he has already viewed and accepted during the purchase procedure.

10) RIGHT OF WITHDRAWAL.

All products and/or services for sale on the Site are digital and, therefore, the Customer cannot exercise the right of withdrawal as provided for by art. 59, letter O) of the Italian Consumer Code (Legislative Decree no. 206/2005) which excludes the right of withdrawal with regard to the "supply of digital content through a non-material medium if the performance began with the express agreement of the consumer and with his acceptance of the fact that in this case he would lose the right of withdrawal".

In any case, the execution is to be understood as having begun with the availability of the program purchased on the "My programs" page.

11) RIGHT OF USE AND COPYRIGHT IN THE ONE PHYSIO CONTENT.

The digital products, videos and online content on the Site are subject to copyright protection and are the exclusive property of Open s.r.l. and are protected by national and European laws protecting intellectual property. Each digital product is licensed on a limited, non-exclusive, revocable license for your personal, non-commercial use of the service to you.

You may not copy, distribute, share and/or transfer the product(s) (and/or their associated username/password) to any third party.

It is also expressly forbidden for the user to: (i) use the program and documentation subject to the service for the purpose of developing a competing hardware and/or software product; (ii) copy, even partially, the program and/or its contents on the devices of other natural or legal persons; (iii) transfer, for any reason, sell or disclose to persons or companies other than Open s.r.l the codes, serial numbers, activation codes, other computer codes contained in the back-end and front-user components of the site, the front-user visual interface of the site, the text parts, graphics, scripts, works of art, photographs, images, the drawings, as well as all audiovisual and other materials that constitute in any way part of the site https://www.onephysio.it/ other identifiers or unique means of identification issued to the user by the Data Controller; (iv) use the Program and/or its contents, even partially, for commercial purposes in medical centers, physiotherapy, gyms and any derivation of such business models.

Failure to comply with the limitations and restrictions indicated in this article of these General Terms and Conditions will result in the immediate termination of the Contract, pursuant to art. 1456 of the Italian Civil Code, without prejudice to compensation for damages.

12) RESPONSIBILITY OF THE OWNER.

The Data Controller assumes no responsibility for any inefficiencies attributable to fortuitous events or force majeure, even if related to malfunctions or inefficiencies of the internet network.

The Account Holder is also not responsible for any fraudulent use that may be made of third parties of payment methods.

13) PRIVACY POLICY AND COOKIE POLICY.

The processing of the User's personal data will be carried out in compliance with the regulatory provisions on the protection of personal data as better specified in the privacy policy and cookie policy available in the appropriate section of the site at the following addresses: https://www.iubenda.com/privacy-policy/48748049

https://www.iubenda.com/privacy-policy/48748049/cookie-policy

14) INTEGRITY OF THE CONTRACT.

These General Terms and Conditions consist of the entire clauses that compose them. If one or more provisions of these Terms and Conditions is deemed invalid or declared invalid under law, regulation or later by a court having jurisdiction, the other provisions remain valid and effective.

15) JURISDICTION.

For all disputes that may arise from the interpretation or execution of the Contract, the Court in whose district the consumer has his or her domicile will have jurisdiction, in accordance with current legislation; for all foreign users or non-consumers, even in derogation from the rules relating to territorial jurisdiction, it will be the exclusive competence of the Court of Ivrea.

16) DISPUTE RESOLUTION.

Pursuant to Article 49 paragraph 1 letter v) of the Consumer Code, the user can make use of the Joint Conciliation (ADR) procedure.

Pursuant to art. 14 of Regulation 524/2013, in the event of a dispute, the user may file a complaint through the European Union's ODR platform through the following link https://ec.europa.eu/consumers/odr/.

17) CONTACTS.

Open s.r.l.

Corso Galileo Ferraris 80

10129 Torino (TO)

Pec: [email protected]

Email: [email protected]

[email protected]

18) SAVING AND REVISING THE LANGUAGE OF THE CONTRACT.

To save a permanent copy of these terms and conditions on a data medium you can print this page in pdf format. You can consult any other information and contractual data on the platform or print the order confirmation and receipt after completing a purchase.