Terms and conditions

Question about the agreement or these terms?

Article 1 – Identity

FysioBoost, Weteringlaan 161, 5032 XZ Tilburg, the Netherlands. Dutch Chamber of Commerce: 95150714. VAT identification number: NL867021147B01. Email: info@fysioboost.nl.

Article 2 – Definitions

FysioBoost: The business identified in Article 1.
Service: The dashboard, app, scans, tasks, insights, wearable connections, AI features, group reports and other provided functionality.
Customer: The company or organization entering into an agreement with FysioBoost.
User: The individual using the Service through a Customer.
Organization administrator: A User appointed by the Customer with administrative permissions.
Agreement: The agreement between FysioBoost and the Customer.
Order Form: The quotation, digital order or agreement specifying price, term, features and user numbers.
Wearable: A FysioBoost Band, Apple Health, Health Connect or another supported data source.
Group Report: A report about sufficiently large groups that should not contain individual health results.
AI Feature: A feature in which an AI model generates text, recommendations, summaries or plans.

Article 3 – Application and precedence

These terms apply to every offer, Agreement and business use of the Service. Deviations are valid only if agreed in writing. The Customer’s purchasing terms apply only if accepted by FysioBoost in writing.

In case of conflict, the order of precedence is: signed Order Form, data processing agreement, written custom agreement, these terms and other documentation. The privacy statement governs personal-data processing and does not replace any separately required consent.

Article 4 – Formation

An offer is non-binding unless it states a validity period. An Agreement is formed by signature, written confirmation, digital order and acceptance, or actual use after these terms were clearly referenced.

The terms are provided electronically before or when the Agreement is concluded so they can be stored. Obvious errors do not bind FysioBoost; oral commitments apply only after written confirmation.

Article 5 – The Service

The Service supports scans and questionnaires, personal scores, trends, tasks, recommendations, wearables, AI summaries, points, rewards and optional leaderboards. Depending on its plan, the Customer receives administrative information and protected Group Reports.

Exact functionality depends on the plan, device, operating system, third-party connections and permissions. FysioBoost may change features for security, law, technical development or product improvement. If paid core functionality is materially reduced, we give advance notice and, where reasonable, an alternative or termination option.

Article 6 – No medical service

FysioBoost is a wellbeing and vitality service, not a healthcare provider. It is not intended for diagnosis, treatment, triage, medication advice, emergency monitoring or as a replacement for a doctor, physiotherapist, psychologist or other qualified professional.

Scores, measurements, tasks and AI text are general tools. Users must seek qualified help for symptoms, doubts or medical questions and appropriate emergency help for acute or serious symptoms. FysioBoost does not guarantee that a wearable or algorithm detects every abnormality or danger.

Article 7 – Employee participation

The Customer ensures that participation in health features is genuinely voluntary and handles required employee communication, decision-making, DPIAs, works council involvement and employment-law obligations.

Employees are not required to provide health data, connect a wearable, consent to AI or appear recognisably on a leaderboard.
Refusal or withdrawal does not lead to disadvantage, disciplinary action, exclusion from employment benefits or negative assessment.
The Customer does not request individual answers, scores, wearable readings or personal AI summaries.
The Service is not used for individual appraisal, employability, selection, promotion, dismissal, sickness monitoring, disciplinary, insurance or credit decisions.

Article 8 – Accounts, invitations and roles

Accounts and invitation or verification links are personal and must not be shared. Users provide accurate data, protect devices and credentials and promptly report suspicious use.

Administrators assign only necessary roles. FysioBoost may end sessions, require a reset or block access where there is a security risk.

Article 9 – User duties

Use the Service lawfully for its intended purpose and provide data accurately to the best of your knowledge.
Do not use recommendations as a substitute for medical assistance.
Do not access another person’s data or bypass security, group thresholds or access controls.
Do not upload malware, unlawful content or third-party data without a legal basis.
Do not use bots, scraping, attacks or prohibited reverse engineering.
Do not abuse points, rewards, invitations or demo accounts and report security issues responsibly.

Article 11 – Group Reports

Group Reports are available only for at least ten valid participants. FysioBoost does not provide individual answers, scores, wearable readings or personal AI summaries. We may apply stricter thresholds or withhold reports where quality, size or privacy is insufficient.

The Customer must not identify participants through rosters, absence, age, departments, consecutive reports or other HR data.
Reports may be used only for general, non-individual improvement of wellbeing and working conditions.
Group Reports are not medical research and are not guaranteed to be statistically representative.

Article 12 – AI Features

AI is used only for the described wellbeing and planning purposes. Personal AI requires applicable consent. AI may contain errors, false assumptions or inappropriate suggestions and must be independently assessed.

AI output is not medical, legal, financial, employment or other professional advice and must not be used for individual employee decisions. FysioBoost guarantees no outcome and may disable AI where security, suppliers, law or data protection require it.

Article 13 – Wearables and health platforms

Operation depends on compatible hardware, battery, Bluetooth, operating-system permissions, firmware, SDKs, Apple Health, Health Connect and external services. Measurements and synchronization may be inaccurate, delayed, incomplete, duplicated or unavailable.

Users manage device permissions. Third parties may have their own terms. FysioBoost is not responsible for failure caused solely by an external device or platform unless mandatory law or FysioBoost’s own fault requires otherwise. ‘Find device’ does not guarantee recovery of a lost band.

Article 14 – Leaderboards, points and rewards

Recognisable leaderboard participation is optional. Points and coins have no monetary value, are non-transferable, cannot be redeemed for cash and create no ownership outside the Service.

FysioBoost may correct or investigate errors, fraud and abuse. Rewards depend on stock, country, supplier and applicable terms. Name and email may be shared with a reward partner for delivery. A lawfully delivered digital reward cannot always be reversed.

Article 15 – Prices and payment

Prices are stated in the Order Form and exclude VAT unless stated otherwise. Invoices are due within 30 days. Late payment may result in statutory commercial interest, reasonable collection costs and suspension after notice.

Suspension does not remove payment obligations. FysioBoost may periodically change prices and announces a material increase in advance.

Article 16 – Term and renewal

The Order Form specifies term and renewal. Unless agreed otherwise, after the initial term a business subscription renews for successive periods equal to the initial period and may be terminated with one month’s notice before the end of the current period.

Article 17 – Availability and changes

FysioBoost uses reasonable efforts to provide a reliable service but, without a separate SLA, does not guarantee uninterrupted operation. Maintenance may cause temporary disruption and emergency maintenance may occur without notice.

FysioBoost is not responsible for external outages beyond its reasonable control and takes reasonable steps to limit foreseeable harm. Beta, demo and experimental features may be changed or discontinued.

Article 18 – Intellectual property

All rights in software, design, text, models, questionnaires, report formats and documentation remain with FysioBoost or its licensors. Customer and Users receive only a limited, non-exclusive, non-transferable right of use for the term.

Users retain rights in their own content and data; personal data do not become FysioBoost property. Copying, resale or commercial exploitation outside the Agreement is prohibited.

Article 19 – Privacy and data protection

Each party meets its own privacy obligations. FysioBoost operates under the privacy statement and, where applicable, a data processing agreement. The Customer provides only lawfully obtained data, properly informs participants and promptly reports incidents affecting the Service.

FysioBoost may reject unlawful instructions. No liability term restricts rights that data subjects have directly under the GDPR.

Article 20 – Confidentiality

The parties keep confidential information secret and disclose it only to persons who need it and are bound by confidentiality. This does not cover information that is lawfully public, independently developed or lawfully received from a third party.

Where disclosure is legally required, the other party is informed in advance where permitted and possible.

Article 21 – Support

Support is provided through info@fysioboost.nl. Response times are targets unless an SLA applies. The Customer provides enough information to investigate and avoids unnecessary health data through insecure channels. Account access is restored only after suitable verification.

Article 22 – Suspension and termination

FysioBoost may restrict access for security risk, abuse, unlawful use, threats to participant privacy, unpaid invoices after notice or a necessary supplier or authority instruction. Restrictions are limited to the affected part where possible.

A remediable breach normally receives a reasonable cure period. Either party may terminate immediately for an uncured material breach, insolvency, persistent unlawful use or an uncontrollable privacy or security risk. Existing payment obligations remain.

Article 23 – Data after termination

Access ends upon termination. Before termination, the Customer may request an available export of its administrative data; individual health data is never provided as an organization export.

Personal data is deleted or anonymised under the privacy statement and processing agreement. Backups follow their normal cycle. Legally retained data is restricted and used only for that purpose.

Article 24 – Warranties

FysioBoost performs the Service with reasonable care and skill but does not guarantee uninterrupted or error-free operation, compatibility with every device, accuracy of every measurement or AI output, any specific health or business outcome, participation by every employee or representative group data. Forecasts, demos and examples are indicative.

Article 25 – Liability

FysioBoost is liable only for direct, demonstrable loss caused by an attributable breach. Where remedy is possible, liability arises only after written notice of default and expiry of a reasonable cure period.

Direct loss is limited to reasonable costs of obtaining contract-compliant performance, determining cause and scope, limiting direct loss and directly caused property damage. To the extent allowed, FysioBoost is not liable for consequential loss, lost revenue, profit or savings, reputational harm, business interruption, lost opportunities, decisions based on AI, scores or wearable readings, or recoverable data loss.

Total liability per event and contract year is limited to the amount paid by the liability insurer plus the deductible. If there is no insurance payment, liability is limited to the amount paid for the affected Service in the preceding twelve months, capped at €10,000. Related events count as one event.

Limitations do not apply to intent or deliberate recklessness by FysioBoost management.
Limitations do not apply where death, personal injury, GDPR liability, product liability or other mandatory law cannot be excluded.
Users remain responsible for obtaining professional medical help in time.

Article 26 – Customer indemnity

The Customer indemnifies FysioBoost against third-party claims directly arising from unlawful instructions, unauthorized individual-data use, re-identification, employment decisions based on FysioBoost, unlawfully provided data or lack of voluntary participation.

This does not apply to the extent FysioBoost independently caused the claim. FysioBoost provides timely notice and reasonable opportunity to assist with the defence.

Article 27 – Force majeure

Neither party is liable for circumstances beyond reasonable control, including widespread internet or power failure, external provider outages, war, terrorism, pandemic, natural disaster, government measures, cyberattacks unavoidable despite appropriate safeguards and failure of critical suppliers.

Obligations are suspended while force majeure continues. After 60 days, either party may terminate the affected part in writing without compensation.

Article 28 – Changes to these terms

FysioBoost may amend terms due to law, security, suppliers, product features or business operations and announces material changes in advance. If materially disadvantaged, the Customer may terminate the affected Service before the change, except where the change is necessary for law or security.

Amended terms never constitute consent to a new processing purpose; separate consent is requested where required.

Article 29 – Assignment and suppliers

FysioBoost may engage specialized suppliers and remains responsible for its own obligations. The Customer may assign only with prior written consent. FysioBoost may assign in a merger, acquisition or business transfer if rights are not materially reduced. Subprocessors are governed by the processing agreement and privacy statement.

Article 30 – Complaints

Complaints should be sent promptly and with sufficient detail to info@fysioboost.nl. FysioBoost responds within a reasonable period. A complaint does not automatically suspend payment. Privacy complaints may also be filed with the Dutch Data Protection Authority.

Article 31 – Governing law and court

Dutch law governs the Agreement. The parties first try to resolve a dispute together. Subject to applicable law, the competent court in the district where FysioBoost is established has jurisdiction. The Vienna Convention on the International Sale of Goods is excluded.

Article 32 – Final provisions

If a provision is invalid or unenforceable, the remaining provisions stay effective and the parties replace it with a valid provision that most closely matches its purpose. Failure to enforce a right immediately is not a waiver.

Electronic communications and records may serve as evidence, subject to rebuttal. Headings are for readability only. If the Dutch and a translated version differ, the Dutch version prevails unless mandatory law provides otherwise.