TERMS OF SERVICE
LAST UPDATED: JANUARY 29, 2026
IMPORTANT NOTICE REGARDING CHANGES TO THESE TERMS PostureCo, Inc. reserves the right to modify, update,
revise, or replace these Terms of Service and End User License Agreement at any
time, in its sole discretion, without prior notice. Any changes are effective
immediately upon posting. Continued access to or use of any PostureCo
website, software, or service constitutes binding acceptance of the revised
terms. You are responsible for reviewing this Agreement periodically. If you do
not agree, you must immediately discontinue all use of the Services.
POSTURECO, INC. TERMS OF SERVICE & END USER LICENSE
AGREEMENT
1. PARTIES AND SCOPE These Terms of Service and End User License Agreement
(“Agreement”) constitute a legally binding agreement between you (“Client,”
“User,” or “You”) and PostureCo, Inc., a Florida
corporation (“PostureCo,” “Company,” “We,” or “Us”).
This Agreement governs all access to and use of: • Any PostureCo-owned or operated website, domain, or online
service • All software products developed, distributed, or operated by PostureCo, Inc., including but not limited to PostureScreen® and PostureRay® • All desktop, mobile,
web-based, offline, local-only, cloud-based, or embedded software • All
updates, upgrades, patches, beta versions, APIs, plugins, modules,
integrations, artificial intelligence features, documentation, and support
services • Any successor, replacement, or related software or service offered
now or in the future (collectively, the “Services”).
By accessing, downloading, installing, purchasing,
registering for, or using any Services, you acknowledge that you have read,
understood, and agree to be bound by this Agreement.
1.1 PRODUCT-SPECIFIC AGREEMENTS CONTROL Certain Services,
including but not limited to PostureRay®, may be governed by separate
product-specific end user license agreements, terms and conditions, addenda,
order forms, or policies (“Product-Specific Terms”). In the event of any
conflict or inconsistency between this Agreement and applicable
Product-Specific Terms, the Product-Specific Terms shall control. This
Agreement applies only to the extent it does not conflict with Product-Specific
Terms.
2. LICENSED SERVICES — NOT A
SALE All Services are licensed, not sold. Subject to your compliance with this
Agreement and all applicable Product-Specific Terms, PostureCo
grants you a limited, revocable, non-exclusive, non-transferable,
non-sublicensable license to access and use the Services solely for your
internal business or personal use.
All licenses are conditioned upon timely payment of all
applicable fees. Fees are fully earned upon receipt and non-refundable unless
expressly stated otherwise in a Product-Specific Agreement. All rights not
expressly granted are reserved by PostureCo.
3. ACCOUNT AND ACCESS
RESPONSIBILITY You are solely responsible for all activity occurring under your
account, whether authorized or unauthorized. You must safeguard your login
credentials and immediately notify PostureCo of any
suspected misuse or security breach.
3.1 PAYMENTS; TRIALS; NO REFUNDS Certain Services may
include limited trial periods, installment payments, or deferred activation as
defined in applicable Product-Specific Terms. All payments are non-refundable.
Failure to satisfy payment obligations may result in immediate suspension or
deactivation of Services, loss of access to exports or cloud features, and
collection efforts, including recovery of attorneys’ fees and costs.
4.
PROHIBITED USES You may not, directly or indirectly: • Use
the Services as a medical device or diagnostic tool • Use the Services to
diagnose, treat, cure, or prevent disease • Rely on the Services for clinical
decision-making or patient care • Represent outputs as medical, diagnostic, or
therapeutic conclusions • Establish or imply a standard of care using the
Services • Reverse engineer, decompile, disassemble, or attempt to derive
source code or otherwise use the Services or any output of the Services for
competitive analysis, benchmarking, or developing a competing product or
service. • Circumvent licensing, encryption, security, or usage controls •
Permit unauthorized third-party access • Share credentials across unauthorized
users, locations, or facilities • Upload or store protected health information
(“PHI”) unless expressly permitted under a separately executed Business
Associate Agreement (“BAA”)
5.
NO MEDICAL ADVICE / NO FDA REGULATION The Services are not
medical devices, are not FDA-regulated, and are not intended for diagnosis,
treatment, cure, or prevention of disease. All outputs are informational,
observational, and non-clinical only. Professional judgment and responsibility
rest solely with the licensed provider or user.
6.
DATA OWNERSHIP AND ACCESS You retain ownership of all data
you input into the Services. Unless you subscribe to optional cloud-based
services or support plans: • Data remains local to your device • PostureCo has no access, custody, or control • PostureCo cannot retrieve, view, restore, or recover your
data. Notwithstanding the same, PostureCo
reserves the right to automatically collect and use anonymized and aggregated
technical and usage data (e.g., non-PHI metadata, feature usage statistics)
derived from the Services for product improvement, analysis, and
research.
7.
DATA LOSS, BACKUPS, AND DELETION PostureCo
is not responsible for data loss, corruption, deletion, or overwriting arising
from device failure, operating system or application updates, sync failures,
encryption failures, cloud outages, third-party services, malware, ransomware,
hacking, or user error. You are solely responsible for maintaining independent,
redundant backups of your data.
Any data stored on PostureCo
servers pursuant to optional cloud services or technical support plans may be
permanently deleted thirty (30) days after termination or expiration of the
applicable subscription, without notice and without liability.
8. CLOUD SERVICES (OPTIONAL)
Cloud-based services, including backups, virtual viewbox
access, artificial intelligence modules, and browser-based tools, are optional,
subscription-based, and provided “AS IS” and “AS AVAILABLE.” Discontinuation of
the applicable subscription or support plan will result in loss of access to
these features without affecting local software functionality.
HIPAA POSITION PostureCo is not a
Business Associate by default. Use of cloud services does not create a BAA. You
must affirmatively request and execute a BAA before uploading PHI. Any
unauthorized upload of PHI is at your sole risk.
9.
REGULATORY COMPLIANCE You are solely responsible for
compliance with all applicable laws and regulations, including HIPAA, HITECH,
GDPR, state privacy laws, professional licensing rules, and record retention
requirements. PostureCo assumes no regulatory
responsibility.
10.
FAIR USE AND LICENSE RESTRICTIONS Licenses are issued to a
single customer or facility. Excessive, abnormal, automated, or unauthorized
usage may result in suspension or permanent restriction of access. PostureCo reserves the right to enforce fair usage limits.
11.
INDEMNIFICATION You agree to defend, indemnify, and hold
harmless PostureCo, Inc., its officers, directors,
employees, contractors, agents, licensors, and affiliates from and against all
claims, damages, liabilities, losses, fines, penalties, and expenses, including
attorneys’ fees, arising out of or related to your use of the Services. This
obligation survives termination.
12.
DISCLAIMER OF WARRANTIES THE SERVICES ARE PROVIDED “AS IS,”
“AS AVAILABLE,” AND “WITH ALL FAULTS.” POSTURECO DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, ACCURACY, RELIABILITY, AND NON-INFRINGEMENT.
13.
LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY
LAW, POSTURECO’S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO
POSTURECO IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. POSTURECO SHALL NOT BE
LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES,
INCLUDING LOST PROFITS, LOST DATA, PATIENT CLAIMS, OR REGULATORY PENALTIES.
14.
WAIVER OF SUBROGATION To the extent you maintain insurance
coverage, you waive any right of subrogation against PostureCo.
15.
INJUNCTIVE RELIEF Unauthorized clinical reliance,
unauthorized PHI upload, or circumvention of licensing restrictions causes
irreparable harm. PostureCo is entitled to injunctive
relief and all available legal remedies.
16.
DISPUTE RESOLUTION Except where a Product-Specific
Agreement expressly provides otherwise, any dispute shall be resolved by
binding arbitration in Pasco County, Florida. You waive the right to a jury
trial and any class or representative action.
17.
ATTORNEYS’ FEES The prevailing party is entitled to recover
all attorneys’ fees and costs.
18.
TERMINATION PostureCo may suspend
or terminate access at any time, with or without notice. Upon termination,
access to software features, exports, cloud services, and data retrieval may be
immediately disabled. All disclaimers, indemnities, arbitration provisions, and
liability limitations survive termination.
19.
SOFTWARE LIFECYCLE AND END-OF-LIFE PostureCo
reserves the right to retire or declare end-of-life for any software version.
Continued use of legacy or unsupported versions is at your sole risk. PostureCo has no obligation to maintain compatibility with
future laws, operating systems, or third-party technologies.
20.
GOVERNING LAW AND VENUE This Agreement is governed by the
laws of the State of Florida. Exclusive venue, if arbitration is unenforceable,
lies in Pasco County, Florida or the U.S. District Court for the Middle
District of Florida (Tampa Division).
21.
ENTIRE AGREEMENT This Agreement, together with any
applicable Product-Specific Terms, constitutes the entire agreement between you
and PostureCo regarding the Services.
22.
CONTACT INFORMATION PostureCo,
Inc. Email: info@postureco.com
Current version available at: https://www.postureanalysis.com/end-user-license-agreement.html