Terms of Use

Welcome to Hexfit!

You are about to enter into a binding agreement. We invite you to read these terms carefully before using the site and/or registering for the Hexfit service. These “Terms and Conditions of Use” (hereinafter: the “Terms”) constitute an agreement governing the use of the site located at hexfit.com or any other address that may be added or substituted (hereinafter: the “Site”). In particular, these Terms apply to the relationship between the owner and operator of the Site, Hexfit (hereinafter: “Hexfit” or “we”) and you, as a visitor or registered user of the Site (hereinafter: the “User(s)”, the “Professional(s)”, or “you”), with respect to the use of the Site, including the various features and related services made available to you on the Site (hereinafter: the “Service”). By using the Site, you consent to all terms of use contained herein and in the Privacy Policy posted on the Site, and acknowledge having read and understood them. It is important to know that Hexfit may modify these Terms and the policies or guidelines posted on this Site at any time, at its discretion. If you use this Site after a modification is posted, you consent to that modification. You are responsible for regularly checking for changes to the Terms, policies, or guidelines.

2. Creating a User Account

2.1 Identifying and non-identifying information: To create your user account, you must provide the following identifying information:

  • 2.1.1 Your email address;
  • 2.1.2 A confidential password of your choice;
  • 2.1.3 Your first and last name(s);
  • 2.1.4 Your gender;

2.2 Additional information: To fulfill its mission, Hexfit may also save several additional identifying and non-identifying data entered into the software by Users. The following is a non-exhaustive list of examples and should not be taken as definitive information:

  • 2.2.1 All physical data, including but not limited to weight, height, BMI;
  • 2.2.2 Your contact information, including but not limited to mailing address, phone number;
  • 2.2.3 Certain medical data, including but not limited to illnesses, medications, allergies, injuries, family history;
  • 2.3.4 All notes taken by the Professional in the course of their management;

2.3 Confidentiality of information: All personal and/or identifying information entered in your user account will only be accessible to you, to Hexfit, and to users who have the necessary permissions.

3. Deletion/Portability of Your Information

3.1 Deletion: You may at any time request the complete deletion of your personal information. You agree that traces of your data may nonetheless remain on secure backup servers or on the main database in cases where deletion could affect other users’ use of the site.

3.2 Portability: Hexfit agrees to partially or fully export your data in the best possible way in an open, machine-readable format. To exercise this right, simply contact the Hexfit team through one of the available means.

4. Accuracy of Information

4.1 Accuracy and truthfulness of information provided: All factual and other information related to your particular situation (hereinafter the “Information”) that you provide during the registration process, as well as any information transmitted, posted, published, or broadcast on or through the Site afterward, must be accurate to the best of your knowledge. Personal and/or identifying information about you or your company (hereinafter “Personal Information”) provided at registration and account creation must be accurate, valid, complete, and up to date.

4.2 Subsequent modification of account information: You may at any time change your password according to the established procedure, as well as the information entered in your user account. You undertake to maintain your email address active for the entire duration of your use of the Site as a User. If you change your address, you must update it in your user account as soon as possible.

4.3 Irregular information: If there were reasonable grounds to believe you have posted, published, or broadcast on or through the Site any Information that is inaccurate and/or that the Personal Information in your user account is not accurate, valid, complete, or up to date, Hexfit may, at any time, prohibit your access to the Site or certain features, suspend your right to use the Service, or close your user account. However, Hexfit has no obligation to verify the accuracy, validity, or usefulness of the Information and/or Personal Information you transmit.

5. Illegal, Prohibited, or Forbidden Acts

5.1 Illegal, prohibited, or forbidden acts: If you use this Site or the Service offered on the Site, you agree not to perform, and not to authorize the performance of, the following acts:

  • 5.1.1 Display, link, or otherwise distribute or transmit any false or misleading, illegal, threatening, abusive, harmful, defamatory, pornographic, or indecent information, or information that violates third-party rights or contains any other form of illegal content;
  • 5.1.2 Take any action that is trivial, vexatious, or whose sole purpose is to cause a waste of time or harm;
  • 5.1.3 Display, link, or otherwise distribute or transmit any information or claims regarding drugs, medications, surgeries, or treatments for recreational sexual purposes or non-essentially therapeutic purposes;
  • 5.1.4 Disguise the origin of any transmitted information;
  • 5.1.5 Impersonate another individual or entity or make false representations regarding any affiliation with any individual or entity;
  • 5.1.6 Post or transmit any information that contains computer viruses, files, or codes designed to interrupt, destroy, corrupt, or reduce the functionality of this Site or any site, computer, or computer equipment directly or indirectly connected to it;

6. Intellectual Property

6.1 Hexfit’s intellectual property: The content of the Site and the Service offered on the Site, the design of the Site, its layout, and the trademarks displayed on the Site are the property of Hexfit and/or its partners and are protected by copyright, trademark, unfair competition, and any other applicable laws, as the case may be, and may not be copied or retransmitted, in whole or in part, without the express authorization of Hexfit.

6.2 Limited license to use the Site: You are authorized to use this Site within the limits expressly provided in these Terms. You may not use this Site for any other purpose without obtaining Hexfit’s express written consent. Without limitation, without such written consent, you may not modify, reproduce, distribute, retransmit, display, publish, license, assign, or sell any content, information, software, products, or services obtained on this Site, nor create derivative works therefrom.

6.3 Content transmission: When you transmit content in the context of using the Service, whether text, photographs, audio or video files, or other forms of content (hereinafter: the “Content”), you are solely responsible for that Content. You declare that you are the author of this Content and the legitimate holder of all rights therein, or that you have obtained all required authorizations to use this Content in accordance with these Terms. Please note that sometimes multiple authorizations may be required. If it is a photograph, for example, you must obtain permission from the person who holds the rights to the photograph as well as from the person appearing in the photograph. If you are not familiar with the applicable rules for content protection, we advise you to seek the advice of a specialist.

6.4 License to use your content: You grant Hexfit a non-exclusive license to use, within the Service, any Content uploaded, posted, or transmitted by you on or through the Site, in accordance with these Terms, without territorial restriction, for the duration of your user account on the Site.

7. Hexfit’s Commitments and Warranty Limitations

7.1 Hexfit’s commitments regarding the Site and Service quality: Hexfit undertakes to act to the best of its abilities to ensure the proper functioning of the Site and continuous accessibility to its Service. Hexfit undertakes to act to the best of its abilities and to make its best efforts to offer its clientele a premium Service that meets their needs.

7.2 Warranty limitations regarding Service performance: Under no circumstances does Hexfit guarantee that the Site and/or the Service will perfectly meet the expectations of users. Under no circumstances shall Hexfit be held liable for the business results obtained by Professionals or Users as a result of using the Service.

7.3 Warranty limitations regarding the Site: Given the potential instability of the Internet and to the extent permitted by law and applicable regulations, Hexfit offers no warranty of any kind regarding the technical and/or commercial performance of the Site. Hexfit offers no warranty that the services offered on the Site will be uninterrupted, secure, or free from errors, or that any defect identified in the features offered or in the software used, as applicable, can be corrected. You will be solely responsible for any damage to your computer or any data loss resulting from downloading any material through the Site.

7.4 Limitation of liability for damages: To the extent permitted by law and applicable regulations, Hexfit shall under no circumstances be held liable for direct or indirect damages that may result from the use or inability to use the Site and/or the Service, including any damage associated with loss of profits, loss of opportunities, interruption of Service or loss of data, regardless of whether Hexfit was advised of the likelihood of such damages.

7.5 Warranty limitations regarding others’ Content: Under no circumstances shall Hexfit be held liable, in any way, for any Content posted, transmitted, or otherwise communicated on or through the Site by Professionals, Users, collaborators, or third parties.

7.6 Hexfit’s commitments regarding registered Professionals: Before accepting any professional’s registration on the Site, Hexfit verifies the professional’s identity to confirm that the information is truthful and that they have the right to practice their profession. The client account of any Professional who has been removed or suspended from their order, federation, and/or association may be closed. Hexfit cannot be held responsible for maintaining a Professional’s registration based on any erroneous information obtained in good faith.

7.7 Warranty limitation regarding mandates, services, and legal opinions provided: Hexfit does not participate in any way in a User’s choice of a Professional, in a User’s decision to entrust or not entrust a mandate to a Professional, or in a Professional’s decision to accept or not accept a mandate from a User. Under no circumstances shall Hexfit be held liable, in any way, for such choices and decisions or the consequences thereof by Users and Professionals. Similarly, Hexfit cannot be held liable for the quality of Professionals’ services rendered to a User as a result of using the Service, as these are the sole responsibility of the Professional. Any opinion published on or through the Site is the sole and exclusive responsibility of its author and does not in any way engage Hexfit’s liability. Should Hexfit be notified or have reasonable grounds to believe that an erroneous, harmful, illegal, or third-party-rights-infringing opinion or other legal document was posted on or transmitted through its Site, it reserves the right to remove it, with or without prior notice, and/or to close the Professional’s client account, at its sole discretion.

7.8 Hexfit’s role: You acknowledge in all cases that Hexfit acts as a data controller for Client and Professional Information, but that the Professional controls client data in accordance with applicable data protection regulations in your case. The Professional will obtain and maintain all necessary consents to allow the processing of Client Information under this Agreement. You understand that if you authorize an integration provider to access your Hexfit account, you are acting as the data controller for that information and the integration provider acts as a data controller applicable to you. Under no circumstances are such integration providers our sub-processors.

8. Penalties and Indemnities for Breach

8.1 Penalties for default: Hexfit reserves the right, at its sole discretion, to temporarily or permanently suspend your access to the Site and/or the Service or certain features thereof, and to take any other measures deemed appropriate under the circumstances, where Hexfit has good reason to believe that you have breached any of your obligations as provided herein. Such measures may include, without limitation, cancellation of your registration and user account and transmission of any illegal content to the competent authorities. Hexfit, without being obligated to do so, reserves the right to notify you, by email or otherwise, of your breach and to give you the opportunity to remedy it.

8.2 Deletion of information: Hexfit performs regular backups of its systems and the files contained therein. You agree that Hexfit may delete information or files saved on servers in connection with your user account following your breach of these Terms.

8.3 Indemnity: You agree to indemnify and hold harmless Hexfit and, as applicable, its employees, agents, successors, representatives, and/or business partners, from and against all damages, losses, or expenses of any kind (including their reasonable professional fees) that they may incur due to your failure to fulfill your commitments hereunder, in the context of any claim, legal action, or demand, whether based on copyright infringement, the application of any relevant laws or agreements, or any infringement of third-party rights, including any financial or other damage resulting from an illegal, prohibited, or forbidden act under these Terms.

8.4 Notice of third-party default: Furthermore, you agree to notify Hexfit and to cooperate with Hexfit if you discover any illegal or prohibited activity described herein.

9. Hexfit’s Liability Regarding External Sites

9.1 Hyperlinks to external sites: Hexfit is not responsible for the content of other websites accessible via hyperlinks from this Site, including Professionals’ sites (hereinafter “Linked Sites”), as these sites were not created by Hexfit and are not under its control. Unless expressly stated otherwise, Hexfit is not affiliated with and does not endorse the Linked Sites, their owners and managers, or the products and/or services accessible on those sites. This Site is not sponsored by the Linked Sites or their owners or managers, with the exception of the Hexfit partner. Your navigation of these Linked Sites and bookmarking them is your own responsibility.

9.2 Hyperlinks to the Site: You may not create a hyperlink to this Site or use this Site in connection with any third-party trademark in a manner that suggests endorsement or association with this Site or Hexfit without Hexfit’s express written authorization. Hexfit reserves the right to prohibit your use of a hyperlink to this Site if the context in which the hyperlink is used harms the honor, reputation, or commercial interests of Hexfit.

10. Applicable Laws and Jurisdiction

These Terms are governed by the laws of the Province of Quebec, which determine their performance and interpretation. The parties agree that the courts of Quebec, Canada, district of Quebec, shall have jurisdiction to hear any dispute, claim, or legal action relating hereto. You hereby accept that Hexfit may not be fully compliant with the regulations in force where you use our Site. Although we actively work to comply with as much legislation as possible, you accept responsibility for verifying the legality of using our Site in your jurisdiction.

11. Complaint or Abuse Information

All complaints or abuse noticed on the Site or Hexfit’s servers must be sent by email or to the following address: Hexfit Solutions Inc. CP 70172 SUCC Québec-Centre, Québec (Québec), CA G2J 0A2

If the client is subject to the European Union’s General Data Protection Regulation (GDPR), the Data Processing Agreement available at hexfit.com/en/data-processing-agreement-dpa/ applies and is incorporated into these Terms.