Terms of Service

Terms of Service Agreement

This Terms of Service Agreement ("Agreement") govern your access to, and use of the services provided by VirtuSense Technologies Inc., ("Company," "we," "our," or "us"), including our website, applications, products, and services (collectively referred to as the "Services"). By accessing or using our Services, you agree to be bound by this Agreement. Portions of this Agreement may apply specifically to an individual user, or a care provider. Unless expressly indicated that certain terms in this Agreement are specific to one such group of users, all terms of this Agreement apply to and bind all users of the Services. References to “you” or “your” in this Agreement mean any user of the Services. 

1. Use of Our Services

1. Eligibility: You must be at least 18 years old or the legal age of majority in your jurisdiction to use our Services. By using our Services, you represent and warrant that you meet this eligibility requirement. Further, you are not authorized to use any Services, and will not be granted access to any content, unless:

1. you are an employee or subcontractor of a care provider. A “Care Provider” is a healthcare provider, rehab or therapy center or senior living provider that has a separate enterprise subscription agreement with the Company and has designated you as an authorized user of the Services and its companion software(s) made available solely to enterprise users. You and the organization that has designated you as an authorized user of the Services are collectively referred to as the “Care Provider” in this Agreement; or
2. you are a patient of or recipient of treatment, therapy, or other services from the Care Provider, who has requested that you access the Application (an “Individual User”).

If you are a Care Provider, you are required to comply with any applicable privacy and security requirements of protecting personal, health or medical information of an Individual User, including and without limitation to, the Health Insurance Accountability and Portability Act (HIPAA) and Health Information Technology for Economic and Clinical Health Act (HITECH). 

1. Access Rights and Restrictions: Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, non-sublicensable, and non-transferable right to: (a) use the Services for the Care Provider’s internal, non-commercial use for the benefit of Individual Users strictly in accordance with this Agreement and the Service’s documentation or use the Services for your personal individual treatment needs if you are an Individual User ; and (b) access, stream, download, and use the Content and Services and any other information made available in or otherwise accessible, strictly in accordance with this Agreement and any terms of use/terms of service applicable to such Content and Services as made available within the Services.

You shall not, and shall not allow any unauthorized third party to: (a)  copy; (b)  modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable; (c)  reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Services or any part thereof;  (d)  remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services, including any copy thereof; (e)  rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services, or any features or functionality of the Services, to any third party for any reason, including by making the Services available on a network where it is capable of being accessed by more than one device at any time; or (f)  remove, disable, circumvent, or otherwise create or implement any workaround to any privacy protection, copy protection, rights management, or security features in or protecting the Services.  

2. Accounts

To access certain features of our Services, you may need to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

3. Reservation of Rights

You acknowledge and agree that the Services are provided as a service under the terms of this Agreement, and not sold, to you. You do not acquire any ownership interest in the Services under this Agreement, or any other rights thereto other than to use the Services in accordance with the rights granted in this Agreement, and subject to all terms, conditions, and restrictions, under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Services, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement. 

4. Prohibited Conduct

You agree not to engage in any prohibited conduct while using our Services, including but not limited to:

1. Violating any laws, regulations, or third-party rights.
2. Interfering with or disrupting the integrity or performance of our Services.
3. Attempting to gain unauthorized access to our Services or any related systems or networks.
4. Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
5. Collecting or harvesting any information from our Services without our consent.
6. Using our Services for any unlawful or fraudulent purpose.
7. Content
8. User Content: Our Services may allow you or your Care Provider to submit, post, or display content, including but not limited to text, images, videos, and other materials (including exercise recommendations) ("User Content"). You retain ownership of any User Content you submit, but by providing User Content to us, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with our Services.

1. Content Guidelines: You agree not to submit any User Content that is unlawful, defamatory, obscene, offensive, or otherwise objectionable, or that infringes upon the intellectual property or other rights of the Company or any third party.
2. Intellectual Property

All intellectual property rights in the Services provided by the Company, including but not limited to copyrights, trademarks, and trade secrets, are owned by the Company. You may not use our intellectual property rights without our prior written consent.

7. Privacy

1. Privacy Policy: Your privacy is important to us. Please review our Privacy Policy at https://virtusense.ai/2019/09/06/privacy-policy/. to understand how we collect, use, and disclose information about you.

1. Collection and Use of Your Information: You acknowledge that, Company may use automatic means (including, for example, cookies, web beacons, various identifiers) to collect information about your device and about your use of the Services. You also may be required to provide certain information about yourself as a condition to using the Services or certain of its features or functionality, and the Services may provide you with opportunities to share information about yourself with others. You agree that Company may collect and use this information provided in compliance with its Privacy Policy. You agree that all information you provide will be complete and accurate. You will be responsible for all activities undertaken using your login credentials to any Company account or service. You agree to notify the Company and the Care Provider immediately upon becoming aware that your login credentials to any Company account or service have been lost, stolen or used without your authorization.  All information about you that we collect through or in connection with the Services provided by Company are subject to our Privacy Policy at https://virtusense.ai/2019/09/06/privacy-policy/. By downloading, installing, using, and providing information to or through the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy, which may be updated from time to time.

8. Termination

The Company reserves the right to suspend or terminate your access to its Services at any time for any reason, without notice or liability to you. Upon such termination, all rights granted to you under this Agreement will also terminate and you must cease all use of the Services provided by Company.

9. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

OUR SERVICES DO NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS OR TREATMENT AND IS NOT A SUBSTITUTE FOR THE CARE OF A MEDICAL PROFESSIONAL. THEY ARE MERELY A TOOL TO HELP INDIVIDUAL USERS IN TREATMENTS PRESCRIBED AND MONITORED BY THE CARE PROVIDER.  

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SERVICES OR THESE TERMS.

IN NO EVENT WILL COMPANY NOR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT OR YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES OR THIRD-PARTY MATERIALS FOR:  (a)  PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; OR  (b)  DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED FIFTY DOLLARS ($50.00).  THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. 

11. INDEMNIFICATION.

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS COMPANY, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING FROM OR RELATING TO YOUR USE OR MISUSE OF THE APPLICATION OR YOUR BREACH OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE CONTENT AND INFORMATION YOU SUBMIT OR MAKE AVAILABLE THROUGH THE APPLICATION. 

12. Governing Law

This Agreement is governed by and construed in accordance with the internal laws of the state of Illinois without giving effect to any choice or conflict of law provision or rule.

13. Severability.

If any provision of this Agreement is illegal, invalid, or unenforceable under applicable law, such illegal, invalid or unenforceable provision shall be deleted from this Agreement and the remaining provisions will continue in full force and effect. 

14. Arbitration; Fees.

Any controversy or claim arising out of or relating to this Agreement, or the Application shall be settled by arbitration in Peoria, Illinois, administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction. For the avoidance of doubt, the foregoing arbitration provision does not apply to any action taken by Company to enforce its intellectual property rights or to seek injunctive relief.  If Company is the prevailing party in any arbitration proceeding or lawsuit against or involving you, then you shall pay Company’s reasonable attorneys' fees, costs and expenses incurred in such arbitration proceeding or lawsuit. Arbitration proceedings are confidential unless all parties agree otherwise in writing. 

15. Waiver of Class Action.

Neither you nor Company shall be entitled to join or consolidate claims in arbitration by or against other users with respect to other accounts, bring mass, class action, or consolidated claims in arbitration or in a court of competent jurisdiction, or arbitrate or litigate any claim as a representative or user of a class or in a private attorney general capacity. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator shall only have the authority to resolve individual disputes between you and the Company. 

16. Electronic Communications.

You hereby agree to the use of electronic communications to enter into this Agreement, to create other records and to the electronic delivery of notices between you and Company with respect to the Application and this Agreement. 

17. Changes to These Terms

The Company reserves the right to modify or update these terms at any time by posting the revised terms on our website or notifying you through other means. Your continued use of our Services after any such changes constitutes your acceptance of the revised terms.

18. Contact Us

Questions, complaints or claims with respect to the Services should be directed to VirtuSense Technologies, 4501 N. Sterling Ave, Peoria IL 61615, Attention: Support at support@virtusensetech.com.

By using our Services, you agree to these terms. If you do not agree to these terms, please refrain from use our Services.

Last Updated: October 3, 2025