TERMS AND CONDITIONS

These Terms and Conditions govern the purchase and use of assessments, personalized training programs, digital products, consultations, educational materials and other services provided by SpineX through spinex.digital or directly by SpineX.

By purchasing a SpineX service, placing an order, participating in an assessment, accessing a personalized program or otherwise using the Services, the purchaser confirms that they have read and agreed to these Terms.

Where a program is purchased for a person under 18 years of age, the parent or legal guardian purchasing the Service accepts these Terms on behalf of themselves and, where legally applicable, the minor participant.

1. SERVICES

SpineX provides digital educational programs, individualized exercise-based training plans, online assessments, consultations, progress reviews, educational materials and related services concerning scoliosis, posture, movement, muscular imbalance and physical training.

Services may include, depending on the product purchased:

• review of photographs, videos and X-rays supplied by the Client;
• live online assessments;
• individualized exercise selection;
• written or video-based training instructions;
• scheduled program updates;
• progress assessments;
• review of exercise technique;
• educational guidance; and
• communication and support during the purchased program period.

The exact components of each Service are determined by the product description, written offer, invoice, order confirmation or individual agreement applicable at the time of purchase.

SpineX may adapt exercise selection, sequencing, frequency, volume or other program elements where reasonably necessary based on progress, submitted assessment materials, physical response or information provided by the Client.

SpineX Services are exercise, fitness and educational services. They do not constitute medical diagnosis, medical treatment, radiological diagnosis or emergency healthcare.

2. ELIGIBILITY AND MINORS

The purchaser must be at least 18 years old and legally capable of entering into a contract.

A person under 18 may participate in a SpineX program only where the program has been purchased or authorized by a parent or legal guardian.

The parent or legal guardian is responsible for:

• providing accurate information concerning the minor;
• supervising the minor where appropriate;
• ensuring that required progress materials are submitted;
• communicating relevant medical restrictions or changes;
• ensuring that the participant follows the program appropriately; and
• obtaining medical advice where reasonably required.

SpineX may refuse or discontinue participation where the information supplied indicates that the Service is inappropriate, unsafe or outside the scope of SpineX services.

3. HEALTH, MEDICAL AND SAFETY DISCLAIMER

SpineX Services are not a replacement for professional medical diagnosis, treatment, radiological monitoring or care from a physician or other appropriately qualified healthcare professional.

Clients are responsible for obtaining appropriate medical advice before beginning an exercise program, particularly where the participant has scoliosis, kyphosis, previous spinal surgery, significant pain, neurological symptoms, cardiovascular conditions, musculoskeletal injuries or another relevant health condition.

The Client agrees to inform SpineX promptly if there is any significant change in:

• pain;
• neurological symptoms;
• diagnosis;
• medication affecting physical activity;
• medical restrictions;
• surgery recommendations;
• injuries;
• physician instructions; or
• other circumstances that could materially affect safe participation.

The Client should stop an exercise and seek appropriate medical advice if unusual or significant symptoms occur.

Participation in physical exercise inherently involves some risk. By participating, the Client acknowledges those ordinary risks and agrees to follow the instructions provided by SpineX.

Nothing in these Terms excludes rights or liability that cannot lawfully be excluded under applicable consumer law.

4. PERSONALIZED SERVICES AND CLIENT INFORMATION

Personalized programs are created using information provided by the Client, parent or legal guardian.

This may include:

• posture photographs;
• movement videos;
• assessment videos;
• exercise-performance videos;
• X-rays or radiological reports;
• age and growth information;
• previous treatment history;
• pain or symptom information;
• equipment availability;
• sports participation; and
• other information relevant to program design.

The Client is responsible for ensuring that information supplied to SpineX is truthful, current, complete and sufficiently clear for assessment.

SpineX is entitled to rely upon information provided by the Client.

Failure to disclose relevant information, submission of inaccurate information, poor-quality assessment materials or failure to communicate material changes may limit SpineX’s ability to appropriately personalize or update the program.

SpineX is not responsible for an outcome materially affected by information that was withheld, inaccurate, incomplete or submitted too late for SpineX to reasonably act upon it.

5. CLIENT RESPONSIBILITIES, ASSESSMENTS AND PROGRAM COMPLIANCE

Clients purchasing a personalized SpineX training program agree to actively cooperate with the assessment and program-update process.

Personalized programs may require periodic progress assessments, including photographs, posture videos, movement tests, exercise videos or other information requested by SpineX.

For multi-month programs, SpineX may require a new progress assessment approximately every four weeks or at another interval communicated to the Client.

For example, a three-month personalized program may require:

• an initial assessment before or at the beginning of Month 1;
• an updated assessment approximately 30 days later before preparation of Month 2; and
• another updated assessment approximately 30 days later before preparation of Month 3.

These assessments are an important part of the personalization process because subsequent programming may depend upon the Client’s response during the preceding training period.

The Client agrees to submit requested assessment photographs, videos, questionnaires and other required materials within the deadlines communicated by SpineX.

If required materials are not supplied on time:

• preparation of the next program phase may be delayed;
• SpineX may be unable to make appropriate program adjustments;
• the effectiveness or relevance of the program may be negatively affected;
• the original program timeline does not automatically extend because of Client delay; and
• SpineX will not be responsible for reduced program continuity resulting from the Client’s failure to submit required information.

The Client is responsible for following the prescribed exercise instructions, including exercise selection, side-specific instructions, frequency, repetitions, sets, progression and any stated restrictions.

Where written LEFT/RIGHT or side-specific instructions accompany an exercise, those written instructions take priority over the apparent orientation shown in demonstration footage unless SpineX expressly states otherwise.

Where the Client repeatedly fails to provide required assessments, does not respond to reasonable requests for information, materially fails to cooperate with the personalization process or otherwise prevents SpineX from delivering the Service as intended, SpineX may suspend further personalization or terminate the remaining Service after reasonable notice.

Termination or suspension caused by Client non-cooperation does not automatically create an entitlement to a refund for work already performed, materials already delivered, assessments already completed, program access already provided or resources reasonably committed to the Client.

Any refund entitlement, if applicable, will be determined in accordance with mandatory consumer law and the portion of the Service already performed.

6. PAYMENTS

All prices are shown in the currency stated at checkout, on the applicable product page, invoice or written offer.

Payment must be completed using a payment method accepted by SpineX.

Where payment is made through a third-party payment provider or bank transfer, the Client may also be subject to that provider’s terms and fees.

The Client is responsible for ensuring that SpineX receives the full amount stated in the applicable agreement, invoice or checkout unless otherwise agreed in writing.

Where a program is offered through installments, the installment structure represents payment for the agreed program and does not necessarily create a month-to-month cancellable subscription unless expressly stated otherwise.

Failure to make an agreed installment payment may result in suspension of access, support, program updates or other Services until outstanding amounts are paid.

Any legally applicable consumer rights remain unaffected.

7. REFUNDS, CANCELLATIONS AND RIGHT OF WITHDRAWAL

Consumers purchasing online may have a statutory right to withdraw from certain distance contracts within 14 days, subject to applicable legal exceptions.

Where the Client requests that SpineX begin performing a Service before expiration of the statutory withdrawal period, the Client may be asked to expressly request immediate commencement of the Service.

If the Client subsequently exercises a valid withdrawal right after performance has begun, the Client may be required to pay an amount proportionate to the Services already provided, where permitted by applicable law.

Where a Service has been fully performed after the Client expressly requested immediate performance and acknowledged the relevant consequences for the withdrawal right, the right of withdrawal may no longer apply where permitted by law.

Digital Content

Where digital content is supplied immediately, access may begin only after any consent or acknowledgement required by applicable law has been obtained.

Where legally applicable, the Client may lose the statutory right of withdrawal after supply of digital content has begun following the Client’s prior express consent and acknowledgement.

Personalized Services

Because individualized SpineX programs may involve assessment, review, professional time, program preparation and customized materials, refunds are not automatically available merely because a Client changes their mind after work has begun.

Where cancellation occurs after SpineX has begun performing the Service, any refund entitlement will take account of work already performed and mandatory consumer-law requirements.

Consultations

Scheduled consultations should be cancelled or rescheduled at least 24 hours before the scheduled start time.

A consultation that has already been delivered is not refundable except where required by law.

A consultation that has not been booked within the specified 30-day period after purchase is non-refundable, except where required by law.

Where a Client fails to attend a scheduled consultation without adequate prior notice, the consultation may be treated as delivered and may be non-refundable to the extent permitted by applicable law.

Client-Caused Delays

Failure to submit questionnaires, videos, photographs, assessments or other required materials does not automatically entitle the Client to a refund.

8. RESULTS, EXPECTATIONS AND NO GUARANTEE OF OUTCOME

SpineX provides individualized exercise-based training, education and support based on the information supplied by the Client and/or the Client’s parent or legal guardian.

Individual responses to scoliosis training vary substantially. Results depend on numerous factors, including but not limited to age, skeletal maturity, curve type and severity, underlying anatomy, growth, consistency with the prescribed program, lifestyle factors, medical history and individual biological response.

SpineX does not guarantee any specific clinical, radiographic or physical outcome.

In particular, SpineX does not guarantee:

• a reduction in Cobb angle;
• a reduction in spinal rotation or other radiographic measurements;
• prevention or avoidance of spinal surgery;
• prevention or slowing of scoliosis progression;
• elimination of pain or symptoms;
• improvement within any particular period of time; or
• results comparable to those achieved by any previous SpineX client.

The SpineX program is designed to support individualized conservative scoliosis management through exercise, movement, strength, mobility, postural training and related education.

Some clients may experience measurable improvements, including changes in posture, movement capacity, muscular balance, symptoms or radiographic measurements. Such results are individual and should not be interpreted as typical, promised or guaranteed outcomes.

Any photographs, videos, testimonials, case studies or before-and-after results displayed by SpineX represent the experience of individual clients only and do not constitute a guarantee that another client will achieve the same or similar results.

SpineX does not replace medical diagnosis, radiological monitoring or care from an appropriately qualified healthcare professional. Clients and parents should continue any medical monitoring recommended by their treating healthcare professionals.

9. PROGRAM TIMING, EXPIRATION AND DELAYS

Unless otherwise stated in writing, personalized programs should be started within the commencement period communicated by SpineX.

Program durations refer to the period of Service purchased and do not automatically pause or extend because the Client:

• goes on holiday;
• temporarily stops exercising;
• becomes busy;
• does not submit required assessments;
• does not respond to messages;
• delays purchasing equipment;
• stops participating in sports;
• does not follow the training schedule; or
• otherwise chooses not to use the Service.

SpineX may reasonably extend or modify a deadline where circumstances justify doing so, but such extensions are discretionary unless otherwise required by law or agreed in writing.

Where the Client experiences an injury, significant medical event or another circumstance that makes participation temporarily inappropriate, the Client should notify SpineX promptly.

SpineX may request appropriate medical clearance before continuing the program.

10. COMMUNICATION AND SUPPORT

Communication channels available to the Client depend upon the program purchased.

SpineX may communicate through email, messaging platforms, video calls or other channels identified in the applicable program.

Any response-time estimates are targets rather than guaranteed response times unless expressly agreed otherwise.

Clients must maintain a valid email address and/or communication method and are responsible for checking messages relating to assessments, program updates and required actions.

Failure to read or respond to communications from SpineX does not create an automatic extension or refund entitlement.

11. EXERCISE DEMONSTRATIONS AND INDIVIDUAL INSTRUCTIONS

Exercise demonstrations, videos, illustrations and educational materials may show a general example of an exercise.

The Client must follow the individualized instructions supplied specifically for them.

Where individualized instructions differ from a generic video, image, exercise description or demonstration, the individualized written instructions prevail.

Exercises prescribed to another SpineX client must not be copied or used by another person merely because they have a similar diagnosis, Cobb angle or curve appearance.

Programs are individualized and may differ substantially between Clients.

12. INTELLECTUAL PROPERTY

All exercise programs, training plans, assessments, videos, diagrams, written instructions, educational resources, eBooks, website materials, branding, program structures and proprietary materials supplied by SpineX remain protected intellectual property belonging to SpineX or its applicable licensors.

Purchase of a Service grants the Client a limited, personal, non-transferable right to use the supplied materials for the intended participant’s personal use.

Unless SpineX provides prior written permission, the Client must not:

• reproduce or redistribute training plans;
• sell, sublicense or commercially exploit SpineX materials;
• publish personalized programs publicly;
• share account access;
• provide SpineX programs to another person for their use;
• remove branding or copyright notices; or
• represent SpineX materials as their own.

Nothing in these Terms transfers ownership of SpineX intellectual property to the Client.

SpineX reserves all rights available under applicable intellectual-property law.

13. CLIENT CONTENT, PHOTOS, VIDEOS AND X-RAYS

The Client may provide photographs, videos, X-rays, reports, measurements and other materials to SpineX for the purpose of providing the purchased Service.

The Client confirms that they have the legal right or appropriate authority to provide such materials.

SpineX may process these materials as reasonably necessary to provide the purchased Service, perform assessments, prepare individualized programs, monitor progress, maintain appropriate business records and comply with applicable legal obligations.

Submission of such materials for delivery of the Service does not automatically constitute consent for SpineX to publish them publicly for advertising or promotional purposes.

Any promotional use requiring consent will be handled separately in accordance with applicable privacy and data-protection requirements.

14. MARKETING CONSENT

SpineX may separately invite Clients to authorize the use of testimonials, photographs, progress videos, before-and-after comparisons or documented results for educational or promotional purposes.

Where consent is legally required, such consent will be obtained separately and will not be assumed merely from purchase of the Service.

Refusal to provide optional marketing consent does not prevent the Client from purchasing or participating in a SpineX Service.

15. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, SpineX will not be liable for indirect, incidental, special or consequential losses arising from the use or inability to use the Services.

SpineX will not be responsible for outcomes arising primarily from:

• failure to follow individualized instructions;
• use of exercises by a person for whom they were not prescribed;
• undisclosed medical conditions or restrictions;
• inaccurate or incomplete information;
• failure to submit required assessment materials;
• unauthorized modification of the program;
• participation contrary to professional medical advice; or
• circumstances outside SpineX’s reasonable control.

Nothing in these Terms excludes or limits liability where doing so would be prohibited by applicable law, including mandatory consumer rights.

16. SUSPENSION AND TERMINATION

SpineX may suspend or terminate a Client’s access to Services where reasonably justified, including where the Client:

• materially breaches these Terms;
• repeatedly fails to provide information required to deliver a personalized Service;
• fails to make agreed payments;
• uses SpineX intellectual property without authorization;
• engages in fraudulent or abusive conduct;
• provides materially false information;
• uses the Services in a manner that creates an unreasonable safety risk; or
• seriously abuses or threatens SpineX personnel.

Where appropriate, SpineX may first provide reasonable notice and an opportunity to remedy the issue.

Termination does not automatically entitle the Client to reimbursement for Services already performed, resources already supplied or individualized work already completed.

Any refund rights remaining following termination will be determined under these Terms and mandatory applicable law.

17. PRIVACY AND DATA PROTECTION

Personal information supplied in connection with SpineX Services is processed in accordance with the SpineX Privacy Policy and applicable data-protection law.

Because assessment materials may contain information relating to physical condition or health, additional protections or legal bases may apply to their processing.

Clients should review the SpineX Privacy Policy before submitting photographs, videos, X-rays, reports or other personal information.

18. CHANGES TO SERVICES AND TERMS

SpineX may update these Terms from time to time where reasonably necessary to reflect changes in Services, business practices, technology or applicable law.

Changes will not retroactively deprive consumers of mandatory rights or materially alter an already-purchased Service without an appropriate legal basis.

The version applicable to an order will generally be the version in effect when the relevant contract was entered into, except where subsequent changes are legally required or expressly agreed.

19. GOVERNING LAW AND CONSUMER RIGHTS

These Terms are governed by the laws of Poland, subject to any mandatory consumer protections that apply under applicable law.

Where the Client is a consumer residing in another jurisdiction, nothing in these Terms deprives the Client of mandatory protections that cannot lawfully be excluded under the laws applicable to that consumer.

20. SEVERABILITY

If any provision of these Terms is found to be invalid, unlawful or unenforceable, the remaining provisions will continue to apply to the fullest extent permitted by law.

Where possible, the affected provision will be interpreted or limited only to the extent necessary to make it enforceable.

21. ENTIRE AGREEMENT

These Terms, together with the applicable product description, checkout information, Privacy Policy and any individual written agreement relating to the purchased Service, form the contractual framework between SpineX and the Client.

Where SpineX expressly agrees to different terms in a signed individual contract, those specific agreed terms will prevail over conflicting general provisions in these Terms to the extent stated in that agreement.

22. CONTACT

SpineX
Marcina Kasprzaka 31
01-234 Warsaw
Poland

Email: contact@spinex.digital