Kusties Terms of Service for specialists

Key points in brief#

Kusties is a work tool for physiotherapists and other rehabilitation specialists, and these terms cover its use in professional practice. Each account is for one specialist, and you are responsible for keeping it secure (we recommend turning on two-step sign-in). You are responsible for your patients' data as the controller; Kusties processes it only on your behalf under the data processing agreement, which is an annex to these terms. Once paid plans are introduced, a new account gets 14 days of Pro free of charge and without a card, then the free plan with one active patient, and nothing is ever charged automatically. The Solo (€19 a month) and Pro (€39 a month) prices are shown excluding VAT, and 21 % VAT is added; plans are paid by invoice for a quarter or a year, within 14 days. We refund the first annual invoice in full within 30 days, give 60 days' notice of price changes, keep your price unchanged for 12 months, and you can stop a renewal with «Neturpināt» (Do not renew). If a paid plan ends, nothing is deleted and patient links keep working. Your own exercises and videos remain your property; you confirm that you hold the rights to them and that everyone shown has agreed, and no video may show a recognisable patient. Kusties does not guarantee a set level of availability, its liability is limited, and the terms are governed by Latvian law. This summary is a guide; the terms below are what binds.

1. Parties and scope#

1.1. These terms (the "Terms") are an agreement between SIA "Kusties.com" (registration No. 50203259371, legal address: Ābolu iela 14C, Mārupe, Mārupes nov., LV-2167, VAT No. LV50203259371; "Kusties", "we") and the specialist who uses the Kusties service ("you", "specialist").

1.2. The service is intended for physiotherapists, masseurs, doctors, sports trainers and other specialists who work with patients or clients. By accepting the Terms you confirm that you use the service in the course of your business or professional activity and not as a consumer.

1.3. You accept the Terms when you: register (once self-registration is available); confirm them in the dialog at your first sign-in, if Kusties created your account; request an invoice (clause 6.1); or confirm a new version of the Terms (section 16). Kusties keeps a record of which version you accepted, when and how.

1.4. The agreement consists of these Terms, the data processing agreement (section 11, the "DPA"), which is an integral part of the Terms, and, if there is one, a written individual agreement with you (for example about an offer for a team or clinic, or about pilot terms). The privacy policy (https://kusties.com/en/privacy) explains how Kusties, as controller, processes your data as a user.

1.5. If you accept the Terms on behalf of a legal entity (for example a practice or clinic), you confirm that you are authorised to do so. Even then, each account is for one specialist (clause 4.1).

2. Definitions#

• Service — the Kusties web app kusties.app, the patient pages (the programme player and forms), the Kusties Android app for playing programmes (once it is published), and the related e-mail and SMS notices.
• Account — your personal user account in the service.
• Patient — a natural person about whom you create a record in the service, or to whom you send a programme, form or notice (called a "client" in the app).
• Patient data — personal data about patients and other people (for example a patient's legal representatives) that you enter in the service or collect through it, including health data.
• Programme — a set of exercises (also called a "workout" in the app) that you assign to a patient and that the patient opens through a personal link.
• Active patient — a patient who currently has at least one unfinished programme assigned. Finishing the programme frees the slot at once, and the patient's history is kept.
• Kusties content — the exercise library (exercise descriptions, images and videos provided by Kusties) and other Kusties content (section 10).
• User content — content you enter or upload in the service, including exercises with videos you create yourself (section 9).
• Plan — the scope of the service under section 5: Free, Solo, Pro, or an individual offer for teams and clinics.
• Launch day — the day from which plans, the trial, limits and invoices take effect (clause 5.1).
• Billing period — a quarter (3 months) or a year (12 months) covered by an invoice.
• DPA — the data processing agreement, an annex to the Terms (https://kusties.com/en/dpa).
• Working day — a day that is not a Saturday, a Sunday or a public holiday set in the Republic of Latvia.
• Riga time — the time in Latvia (time zone Europe/Riga).

3. The service#

3.1. The service is software used online. With it you can: build home exercise programmes for patients from the exercise library and send them through a personal link; see patients' completion marks and feedback; keep a client list, notes and clinical documents; plan appointments in a calendar and send patients reminders and notices; send patients forms to fill in before a visit; and use the other features described in the service and on kusties.com.

3.2. Kusties introduces some features gradually or switches them on for some users only, for example self-registration, sign-in with a third-party account, your own exercises with videos and publishing them, self-service data export, e-mail appointment reminders, the client cabinet for patients, and paid plans. Terms about such a feature apply to you only once it is available to you. Features marked «Drīzumā» (Coming soon) are not available yet (clause 5.8).

3.3. Patients use the patient side of the service without an account: they open a programme through a personal link and a form through a link that is valid for 14 days. If the client cabinet is introduced, separate client cabinet terms apply to patient accounts.

3.4. Kusties is not a healthcare institution and does not provide healthcare services or medical advice (clause 8.5).

4. Account and security#

4.1. One account per specialist. Each account is for one named specialist. An account may not be shared with other people (for example colleagues or assistants), and several specialists may not work in one account. Every specialist who works in a practice or clinic needs their own account (clause 5.6).

4.2. Who can open an account. An account may be opened by an adult who uses the service in professional practice (clause 1.2). Kusties may ask you to state your profession and, if you have one, your number in a professional register, and may check this information.

4.3. Opening an account. An account is created either (a) by Kusties, which sends you an e-mail with a link to set your password (the link is valid for 72 hours); or (b) by you, by registering on kusties.app and confirming your e-mail address, once self-registration is available. You must give true and current information and update it when it changes.

4.4. Your security duties. You:

• a) choose a secure password that you do not use for other services, and disclose it to no one;
• b) do not disclose your authenticator app codes or recovery codes, and keep the recovery codes in a safe place;
• c) do not leave your account signed in on devices that others can use, and regularly check the "My devices" section, signing out any device you do not recognise;
• d) protect the devices on which you use the service or keep data exported from it (for example with a screen lock and current updates);
• e) tell Kusties without delay at [email protected] and change your password if you suspect that someone else has accessed your account or patient data.

If you find a security vulnerability in the service, please report it to Kusties at the same address.

4.5. Two-step sign-in. The service offers two-step sign-in: after the password you enter a code from an authenticator app or a single-use recovery code. It is mandatory for Kusties administrators. For specialists it is currently optional, but because the account holds health data, Kusties strongly recommends turning it on. Kusties may make two-step sign-in mandatory for specialists too, with advance notice. If you lose both your authenticator app and your recovery codes, Kusties can reset two-step sign-in once it has verified your identity.

4.6. Security on Kusties' side. Kusties protects accounts, for example by limiting sign-in attempts, ending all sessions after a password change, and sending you security notices (for example when your password changes or two-step sign-in is turned off). The technical and organisational measures that protect patient data are described in the DPA.

4.7. Notices to you. Kusties sends notices to your account's e-mail address and shows them in the service. Account, security and billing notices are part of the service and cannot be turned off. Tips on using the service (for example during the trial) can be turned off with the link in each such e-mail. Kusties sends marketing messages only if you have agreed to them; you can withdraw that consent at any time.

4.8. Closing your account is described in clause 14.1.

5. Plans, trial and prices#

5.1. When plans take effect. Plans, the trial, active-patient limits, SMS quotas and invoices (sections 5–7) take effect on the launch day. Kusties announces the launch day by e-mail and in the service, and to pilot participants at least 21 days in advance (clause 5.7). Until the launch day the service is available to you free of charge and without the plan limits in clauses 5.3 and 7.1, unless you have another written agreement with Kusties; the security and cost limits in clause 7.2(b) apply before the launch day too.

5.2. Plans and prices. Prices are in euros excluding VAT; VAT at 21 % is added. Paid plans are paid a quarter or a year in advance (section 6); monthly billing is not offered. Kusties publishes the current prices on kusties.com and in the service under «Plāns un norēķini» (Plan and billing).

5.3. Active patients and the limit.

• a) The limit counts active patients (section 2). A patient with several unfinished programmes counts once. Not counted: the sample patient; patients who only have appointments, notes, documents or forms; finished programmes; and deleted patients.
• b) The limit is checked only when you assign a programme to a patient who is not yet active. If the limit would be exceeded, the whole request is refused (nothing is partly assigned), and the service offers to finish old programmes or choose another plan.
• c) The limit never stops a patient from using a programme or recording completions, and never stops you from assigning another programme to a patient who is already active.
• d) Reopening a finished programme for a patient who is not active counts as a new active patient.
• e) You must not deliberately get around the limit, for example by frequently finishing and reassigning programmes. Kusties may detect such cases and contact you; the account is not blocked automatically.

5.4. The Free plan. The Free plan is free of charge, without a time limit, with one active patient (table in clause 5.2). When the trial or a paid plan ends, the account moves to the Free plan. Nothing is deleted: patient links, completion marks, the calendar, notes, viewing data and export keep working.

5.5. Trial (14 days of Pro).

• a) Every new specialist account gets a trial of the Pro plan free of charge, without a card and without billing details. For accounts created before the launch day (except pilot participants, clause 5.7), the trial starts on the launch day.
• b) The trial lasts until 23:59 Riga time on day 14, where day 0 is the day the trial starts. For example, if the trial starts at any time on 1 October, the Pro plan runs until 23:59 on 15 October.
• c) During the trial you have every Pro feature that already works in the service, and 20 SMS in total to Latvian, Estonian and Lithuanian numbers; unused trial SMS lapse when the trial ends.
• d) After the trial the account moves to the Free plan automatically. Nothing is deleted and nothing is charged. Patients who became active during the trial stay active and their programmes keep working, but new patients can be added only within the Free plan's limit. SMS reminders already scheduled are sent by e-mail if the patient has an e-mail address.
• e) If you request an invoice during the trial, the chosen plan starts on the day after the trial ends; the remaining trial days are not lost.
• f) The trial can be extended once by 7 days («+7 dienas», +7 days) from day 10 to day 21 of the trial, if the account is activated, i.e. at least one real patient (not the sample patient) has recorded a completion. The new end is the later of the trial's end date and the day of the extension, plus 7 days.
• g) One e-mail address gets only one trial; a second account with the same address starts on the Free plan. For this purpose Kusties keeps an irreversible cryptographic hash of the e-mail address, also after the account is closed (see the privacy policy).
• h) A new account may be given a sample patient and a sample programme with made-up data so that you can try the service. They cannot be edited, do not count towards limits, and you can delete them.
• i) Kusties may change the trial terms for a particular account in your favour (for example extend the trial).

5.6. Teams and clinics. For teams and clinics Kusties prepares an individual offer: each specialist has their own Solo or Pro account, and an annual invoice with individual terms is issued. The terms are set in a written agreement, which prevails over these Terms where they differ (clause 18.2). A shared library, roles and central management are marked «Drīzumā» (Coming soon).

5.7. Pilot participants.

• a) Specialists whom Kusties has accepted as pilot participants get the Pro plan free of charge and without an invoice for 90 days from the launch day. They get no trial and no sample data.
• b) Pilot participants who sent more than 100 SMS a month on average in the three full calendar months before the launch month get 200 extra SMS once, valid for 12 months.
• c) If a pilot participant has not requested an invoice by the end of the 90 days, the account moves to the Free plan; nothing is deleted. If an invoice has been requested, the paid plan starts on the day after the pilot period ends.
• d) After the 90 days pilot participants have no special discount. Anything Kusties has promised a pilot participant in writing is honoured.
• e) Kusties sends pilot participants the final Terms and DPA at least 21 days before the launch day.

5.8. «Drīzumā» (Coming soon). Features marked «Drīzumā» are not available yet, and Kusties does not promise dates for them. When such a feature ships on the plan where it was marked, it costs nothing extra. If a feature has not shipped within 6 months, Kusties removes it from the offer. When choosing a plan, take into account only the features that already work.

6. Invoices, payment, renewal and refunds#

6.1. Requesting a plan. You request a paid plan or an SMS pack under «Plāns un norēķini» (Plan and billing) with the «Pieprasīt rēķinu» (Request an invoice) button, giving: the plan and billing period (or the SMS pack); the payer type (company, self-employed or private person); first and last name or company name; registration number (required for a company); VAT number, if any; address and country; and the e-mail address for invoices. By requesting an invoice you accept the current versions of the Terms and the DPA. Only one open request can exist at a time.

6.2. VAT number check. If you give a VAT number, Kusties checks it in the European Commission's VAT Information Exchange System (VIES); only the VAT number is sent to it. If VIES is unavailable, the request is accepted and the number is checked later. A number that VIES does not know cannot be accepted.

6.3. Activation. The first request activates the plan at once. The billing period starts on the day of the request or, if the request is made during the trial, on the day after the trial ends. Exceptions:

• a) if the account has moved to the Free plan because of an unpaid invoice (clause 6.6), a new request activates the plan only once the invoice is paid;
• b) for a pilot participant the paid plan starts under clause 5.7(c), and for an individual offer as the individual agreement provides;
• c) Kusties handles a request to change an existing paid plan or billing period under clause 6.8.

6.4. Invoices. Kusties issues the invoice in its accounting software, usually within 1 working day of the request, and sends it to the e-mail address given. The invoice is issued in euros for the billing period and is paid in advance. 21 % VAT is added, except where the VAT reverse-charge procedure applies (for example to a VAT payer in another EU member state whose number has been checked in VIES). The invoice number is the payment reference; no pro forma invoices are issued. The service does not generate invoices itself, but it shows each invoice's number, amount, period and due date. Kusties does not ask for a personal code.

6.5. Payment. The due date is stated on the invoice and is usually 14 days after the invoice is issued; payment is by bank transfer. Kusties charges no late-payment interest or contractual penalties. Nothing is ever charged automatically: Kusties never debits your card or account.

6.6. If an invoice is not paid.

• a) On the day after the due date and 7 days after it, Kusties sends a reminder to the invoice e-mail address.
• b) The plan keeps working for 14 days after the due date. If the invoice is still unpaid by then, the account moves to the Free plan: nothing is deleted, and patient links, completion marks, viewing data and export keep working (clause 14.2). Kusties cancels the unpaid invoice with a credit note.
• c) After that, a new request activates the plan only once its invoice is paid.
• d) If a difference invoice (clause 6.8) is not paid, Kusties restores the previous plan; if an SMS pack is not paid, the unused extra SMS are removed.

6.7. Renewal and «Neturpināt» (Do not renew).

• a) The plan is not renewed by an automatic payment. Instead, Kusties sends a renewal notice 21 days before the end of the billing period, and 14 days before the end of the period issues an invoice for the next period, due on the last day of the current period.
• b) You can decline the renewal at any time with the «Neturpināt» (Do not renew) button; the renewal notice explains how. The plan runs until the end of the paid period, and then the account moves to the Free plan. If the renewal invoice has already been issued and is unpaid, Kusties cancels it with a credit note. You can reverse «Neturpināt» until the end of the period.
• c) If the renewal invoice is not paid and you have not chosen «Neturpināt», clause 6.6 applies.

6.8. Changing plans.

• a) Moving up (from Solo to Pro) happens at once, and the new plan ends on the same day as the current billing period. For the rest of the period Kusties issues a difference invoice: the number of remaining months multiplied by €20 (quarterly billing) or by €16.67 (annual billing, with the total rounded up to whole euros), excluding VAT; a started month counts as a whole month. A difference invoice does not change the end of the paid period.
• b) Moving down (from Pro to Solo) and changing the billing period take effect only from the next billing period. If you have more active patients than the new plan allows, their programmes keep working, but new patients can be added only within the limit.

6.9. Refunds.

• a) Kusties refunds the first annual invoice in full if you ask within 30 days. The invoice is cancelled with a credit note, and the paid plan ends the same day (the account moves to the Free plan).
• b) If Kusties removes from a plan a feature you have paid for, Kusties refunds a proportionate part for the rest of the paid period.
• c) If Kusties ends the agreement under clause 14.4(b) or (c), if you end the agreement because of material changes to your disadvantage (clause 16.3), or if you end the agreement by objecting to a new sub-processor (DPA point 9.4), Kusties refunds the unused part of the paid period.
• d) In all other cases amounts paid are not refunded, and the plan runs until the end of the paid period. Unused SMS and extra SMS are not refunded.

6.10. Price changes and price protection. Kusties gives at least 60 days' notice of price changes by e-mail. Your price stays the same for 12 months from the start of your first paid billing period. A new price applies to you only after both of these periods have passed, and only from the next billing period. If you do not accept the new price, you can choose «Neturpināt» (Do not renew).

6.11. Right of withdrawal. As the service is intended for professional use (clause 1.2), the consumer's right of withdrawal from distance contracts does not apply to it. Regardless of this, you have the refund right in clause 6.9(a).

7. SMS and e-mail messages to patients#

7.1. SMS quota and extra SMS.

• a) The Pro plan includes 100 SMS in each calendar month (Riga time); unused SMS do not carry over to the next month. The trial includes 20 SMS in total (clause 5.5(c)). The Free and Solo plans include no SMS, and appointment reminders are sent by e-mail.
• b) On the Pro plan you can buy an extra pack of 200 SMS for €20 excluding VAT (€24.20 including VAT). Kusties grants the extra SMS as soon as it receives the request. The pack is added to the next renewal invoice if that is no more than 60 days away; otherwise it gets its own invoice.
• c) Extra SMS are valid for 12 months from the grant and are used after the monthly quota, oldest first. While the account is not on the Pro plan, extra SMS are frozen (they cannot be used), but their validity keeps running.
• d) One message is one SMS, whatever its length. Counted: automatic reminders, re-sent reminders, form links and (when available) client cabinet invitations sent by SMS. Not counted: messages the SMS provider rejected, and messages sent because of a Kusties error (Kusties gives them back to you).
• e) Kusties warns you in the service and by e-mail when 80 % and 100 % of the monthly quota has been used.

7.2. Limits.

• a) SMS can be sent only to Latvian (+371), Estonian (+372) and Lithuanian (+370) numbers.
• b) For security and cost control Kusties limits the number of SMS that can be sent (for example per specialist per 24 hours and across the whole service per day) and how many times a reminder can be re-sent.
• c) If an SMS cannot be sent (because of the plan, the quota, a limit or the number), an automatic reminder is sent by e-mail if the patient has an e-mail address; otherwise the appointment shows that the reminder was not sent. This does not restrict scheduling appointments, and no extra charge is ever made for SMS above the quota.

7.3. What the service sends to patients on your behalf. Depending on your choices, the service sends patients on your behalf:

• SMS appointment reminders (by default 24 hours before the appointment) with the date, time and specialist's name, without the appointment title, the patient's name or health data;
• e-mail appointment reminders (when available) with the same content;
• e-mails when an appointment is created, changed or cancelled, which contain the appointment title, description, time and the specialist's name; a calendar file (.ics) with the appointment title, description and the specialist's and patient's names may be attached to the created and changed e-mails; they are sent unless you untick this option when creating or changing the appointment;
• e-mails about a recurring series of appointments (dates, times and the specialist's name only);
• form links by e-mail or text message (SMS) (the link is valid for 14 days);
• (when available) client cabinet invitations.

7.4. Your responsibility for messages. You make sure that the patient's phone number and e-mail address are correct and that you are entitled to contact the patient in this way. Do not put in the appointment title or description anything you do not want sent to the patient's e-mail (for example a diagnosis); keep such information in notes or clinical documents, which are not sent to the patient and are stored encrypted. Do not use the notices for advertising. Kusties keeps a log of the e-mails and SMS sent (recipient, content and status) to prove sending and to calculate costs (see the DPA). Delivery depends on mobile operators and e-mail providers, so Kusties does not guarantee that every message is delivered; you remain responsible for communicating with your patients.

8. Patient data and acceptable use#

8.1. Roles. For patient data you are the controller, and Kusties is the processor that processes it on your behalf under the DPA, Article 28 of the General Data Protection Regulation (Regulation (EU) 2016/679) and the Personal Data Processing Law (Fizisko personu datu apstrādes likums). For your account data (for example sign-in and session data, consents and the security audit log) Kusties is the controller; that processing is described in the privacy policy.

8.2. Your duties as controller. You:

• a) ensure a legal basis for processing patient data, including health data (GDPR articles 6 and 9);
• b) inform patients about the processing (GDPR articles 13 and 14). Kusties provides a notice for patients about the patient side of the service (https://kusties.com/en/patients), but it does not replace your own information to patients;
• c) obtain the consents required by the Patient Rights Law (Pacientu tiesību likums) and the rules of your profession, and for minor patients the consent of their legal representatives. If you use forms that the patient fills in and confirms by typing their name and ticking consent, you assess whether this meets the form of consent the law requires;
• d) enter only the patient data you need for your work, and keep it accurate;
• e) respond to patients' requests to exercise their rights (for example access or rectification); Kusties assists you under the DPA;
• f) comply with the rules on keeping medical records and professional secrecy that apply to you. If you must keep records for a set period, meeting that duty is your responsibility (see also section 15).

8.3. Patient links. A programme link works without signing in: anyone who has the link can see the programme (exercises and videos) and record completions. So send the link only to the patient, and do not put the patient's name or diagnosis in the programme's name or description. Once a programme is finished, new completions are no longer saved, but the exercises and videos can still be seen through the link. If a link has reached someone it should not have, you can ask Kusties to disable the programme: it then no longer opens through the link for any patient it is assigned to. A form link is valid for 14 days, and the form can be submitted once.

8.4. Prohibited use. You must not:

• a) use the service for unlawful purposes or process patient data without a legal basis;
• b) upload or publish content that infringes other people's rights (for example copyright or privacy) or is misleading, offensive, dangerous or unlawful;
• c) upload, or submit for publication, videos or images in which a patient can be recognised (clauses 9.4 and 9.6);
• d) include patient data, individual diagnoses, contact details, prices or advertising in the names and descriptions of published exercises;
• e) share an account, or use several accounts to get around limits or obtain another trial;
• f) try to access other users' data, get around security measures, limits or access restrictions, test the service for vulnerabilities without Kusties' written permission, or disrupt or overload the service;
• g) collect data from the service by automated means, copy the exercise library, or use the service to build a competing product;
• h) spread malware or use the service to send unsolicited messages;
• i) resell the service or give third parties access to it without Kusties' written consent.

8.5. Professional responsibility. Kusties is a work tool. Kusties does not provide treatment, does not diagnose and does not give medical advice. The exercise library is general information for specialists: using your professional knowledge, you assess whether an exercise, its load and how it is performed suit the particular patient, and you give the patient the instructions they need. The service's alerts, reminders, completion data and analytics are aids that do not replace your professional judgement. You are responsible for your programmes, records and professional decisions.

9. User content: your own exercises and videos#

9.1. Scope. Clauses 9.2 and 9.3 apply to all user content, and clauses 9.4–9.9 to your own exercises with videos, once this feature is available to you. Creating your own exercises may be available on certain plans only (clause 5.2); exercises already created can be used on every plan.

9.2. Ownership. You (or your licensors) keep all rights to user content. Kusties acquires no ownership of it.

9.3. Licence to provide the service. You grant Kusties a non-exclusive, royalty-free licence to store, host, copy, adapt to the extent technically necessary (for example transcode videos and create thumbnails) and display user content to you and to the patients you send it to, and to process it through sub-processors (for example a video hosting provider), to the extent needed to provide the service. Kusties processes patient data only under the DPA.

9.4. Private exercises. A new exercise is private: other specialists do not see it in the library and cannot add it to their programmes. Private does not mean secret: anyone who has the link to a programme that includes the exercise can watch its video. Do not upload content you do not want to show to anyone who has such a link. Do not upload a video in which a patient can be recognised, not even in private exercises.

9.5. Publishing to other specialists. With the «Padarīt publisku» (Make public) button you can ask to publish an exercise. Once Kusties approves it, every specialist can find it in the library, add it to their programmes and show it to their patients, and the exercise shows «Autors: {your name}» (Author). By publishing an exercise you grant:

• a) Kusties — a non-exclusive, royalty-free licence to display the published exercise to all users of the service and their patients, and to correct obvious typing errors in its text;
• b) every specialist — a non-exclusive, royalty-free right to use the published exercise in their programmes within the service.

Kusties reviews your changes to a published exercise before they are published; until then the last approved version is shown, and approved changes are seen by everyone whose programmes include the exercise. An exercise that is not public but is already used in other specialists' programmes (for example after its publication was withdrawn) cannot be changed; the changes can be saved as a new exercise. Kusties does not include your videos in its own (platform) exercise library without your separate written consent.

9.6. Your warranties. By uploading content, and especially by asking to publish it, you confirm that:

• a) you hold all rights to the content: it is your own recording and contains no TV or other broadcast footage, other brands' logos or watermarks, copyrighted background music, or the like;
• b) every person shown in the video (you, a colleague or a model) has agreed to the recording and to its use as described in these Terms, including publication, and for a minor also their legal representative (parent or guardian) has agreed; you can prove that consent if Kusties asks;
• c) no patient can be recognised in a video submitted for publication: no face, no spoken name, no tattoo, document, screen or other feature by which a person can be identified as a patient;
• d) the exercise text contains no patient data, individual diagnoses, contact details, prices or advertising;
• e) the exercise is professionally correct and its description matches the video.

When asking to publish, you confirm these warranties with a tick box in the service, and Kusties keeps a record of it. If any of these warranties is untrue, clause 13.5 applies.

9.7. Review, withdrawing publication and blocking videos.

• a) Kusties reviews every publication request (rights, consent and recognisability, text, technique and safety, quality, duplicates) and may reject it, giving a reason.
• b) Kusties may at any time, without prior warning, withdraw an exercise's publication or block a video if: a person shown in the video (or their legal representative) has not consented or withdraws consent; a patient can be recognised; a rights holder complains; the content is harmful, unsafe or offensive or contains personal data; the law or an authority requires it; or you ask for it.
• c) A blocked video immediately stops being shown anywhere, including in programmes already sent to patients (yours and other specialists'); the exercise text remains.
• d) Anyone (including you, a person shown in the video, their legal representative, or a rights holder) can ask for content to be removed by writing to [email protected]. Kusties aims to handle privacy and consent requests on the same working day — acting first and checking afterwards — and other requests within 5 working days.
• e) Kusties informs you of a removal where appropriate and not prohibited.

9.8. After withdrawing publication, deleting, or closing the account.

• a) If you withdraw an exercise's publication or delete an exercise, it is no longer shown in the library, but programmes that already include it (including other specialists' programmes) keep showing it. The licences in clauses 9.3 and 9.5 therefore continue for those programmes after the publication is withdrawn, the exercise is deleted or the account is closed.
• b) If a video must no longer be shown anywhere, ask Kusties to block it (clause 9.7). Replacing the video or deleting the exercise does not by itself stop the old video from playing for someone who has a direct link to it.
• c) After your account is closed, your published exercises stay public, credited «Autors: bijušais lietotājs» (Author: former user); Kusties blocks their videos at your request.
• d) Kusties may delete blocked videos. On the date of this version of the Terms videos are not deleted automatically; if a video must be deleted sooner (for example after a person's request to erase their data), Kusties deletes it manually after blocking it.

9.9. Limits. A video may be at most 2 minutes long; a specialist may keep up to 50 videos (Kusties may raise this number). A video file may not exceed 200 MB, and no more than 20 videos can be uploaded per 24 hours. Kusties may also set other technical limits, for example on the total video volume on the platform.

10. Kusties content and intellectual property#

10.1. The service, its software and design, the Kusties name and brand, and the exercise library (the exercise descriptions, images and videos provided by Kusties) belong to Kusties or its licensors. These Terms transfer no ownership of them to you.

10.2. While the agreement is in force, Kusties grants you a non-exclusive, non-transferable licence, without the right to sublicense, to use Kusties content within the service in your professional work, including showing exercises and videos to your patients through programme links.

10.3. You must not download, record, copy, distribute, publish or embed Kusties content outside the service, sell it, or use it to build other products (including artificial intelligence models), unless Kusties has permitted it in writing.

10.4. Kusties may add to and change the content of the exercise library, or hide exercises from the library; in programmes that already include an exercise, its video keeps working.

10.5. If you give Kusties suggestions or feedback about the service, Kusties may use them without payment and without any obligation to you.

11. Data processing agreement and privacy#

11.1. The DPA (https://kusties.com/en/dpa) is an integral part of these Terms and applies to every plan, including the Free plan, the trial and the pilot. By accepting the Terms you also enter into the DPA. Where the Terms and the DPA differ on the processing of personal data, the DPA prevails.

11.2. The DPA sets out the subject matter, duration, nature and purpose of the processing, the types of personal data and categories of data subjects, Kusties' obligations as processor, the security measures, the sub-processors (for example hosting, video, e-mail and SMS providers), and how Kusties notifies you of personal data breaches.

11.3. Kusties processes patient data only on your behalf and under the DPA, to provide, maintain and protect the service. Kusties does not sell patient data and does not use it for advertising.

11.4. Access by Kusties staff. In the service, Kusties administrators who provide support and maintain the service have access to your client list and contact details, programmes, patients' completion marks and feedback, appointments and the log of messages sent. Patient notes, clinical documents, patient alerts and the programme's private note can be opened in the service only by their author. Persons with access to the service's infrastructure (the database, backups and the encryption key) are technically able to access all data (DPA point 7.2). Administrators use this access only as far as needed for support, security and the operation of the service, and Kusties ensures that they are bound by confidentiality.

11.5. The privacy policy (https://kusties.com/en/privacy) explains how Kusties, as controller, processes your data as a user. On the date of this version of the Terms, kusties.app uses no analytics or advertising cookies. If they are introduced, Kusties will first update the privacy policy and, where required, ask for your consent.

12. Availability, changes and support#

12.1. Kusties provides the service as it is and as available. Kusties aims to keep the service running without interruption but does not guarantee any level of availability or uptime. The service may be briefly unavailable because of updates, maintenance, security incidents, sub-processors or internet disruptions. Kusties announces planned longer interruptions in advance where possible.

12.2. Kusties may develop the service: add, change or remove features. If Kusties removes a feature you have paid for, clause 6.9(b) applies.

12.3. Support. Kusties provides support by e-mail at [email protected]. From the launch day Kusties aims to reply: on the Free plan, as capacity allows; on the Solo plan, within 2 working days; on the Pro plan, with priority, within 1 working day; for teams and clinics, as the individual agreement provides, including help with onboarding. These are response times, not resolution times.

13. Liability#

13.1. Kusties is liable for direct loss it causes you by breaching these Terms, subject to the limits in this section.

13.2. Kusties is not liable for: indirect loss, lost profit, loss of income, clients or reputation; loss caused by your or your patients' actions, by data you enter or by user content; your professional decisions (clause 8.5); disruptions of third-party services (for example mobile operators, e-mail and internet providers) or of patients' devices; or loss caused by your failure to meet the security duties in clause 4.4.

13.3. Kusties' total liability to you for all claims related to the service does not exceed the amount you paid Kusties for the service in the 12 months before the event that gave rise to the claim. If you paid nothing in that time (Free plan, trial or pilot), Kusties' liability does not exceed €100.

13.4. The limits in clauses 13.2 and 13.3 do not apply to loss caused intentionally or by gross negligence, or where liability cannot be limited by law.

13.5. Your liability. You compensate Kusties for losses and reasonable costs (including legal costs) arising from claims by third parties (for example patients, people shown in videos, or rights holders) or penalties imposed by authorities, to the extent they result from your breach of these Terms, the DPA or the law, your processing of patient data without a legal basis, or your user content infringing third-party rights.

13.6. Force majeure. Neither party is liable for failing to meet its obligations because of circumstances beyond its reasonable control (for example natural disasters, war, widespread power or communication outages, actions of public authorities, or large-scale failures of sub-processors' infrastructure), provided it informs the other party without delay and takes reasonable steps to limit the consequences. This does not release anyone from paying for services already provided.

14. Suspension and termination#

14.1. You can end the agreement at any time.

• a) You stop the renewal of a paid plan with «Neturpināt» (Do not renew) (clause 6.7); the plan runs until the end of the paid period.
• b) Kusties closes your account at your request sent to [email protected]; on the date of this version of the Terms the service has no option to close the account yourself. Before it is closed you can ask for an export of your data (section 15).
• c) Amounts paid are not refunded, except in the cases in clause 6.9.

14.2. Non-payment does not suspend the account. If an invoice is not paid, the account moves to the Free plan (clause 6.6). Patient links, completion marks, form links already sent, viewing data and export are never blocked for billing reasons.

14.3. Kusties may suspend access (block the account) if: you materially breach the Terms or the DPA; there are reasonable grounds to suspect that an unauthorised person has accessed the account or that the account is being misused (for example to send SMS for abusive purposes); the law or a competent authority requires it; or it is necessary to prevent serious harm to the service, other users or patients. Where possible, Kusties notifies you in advance or without delay after the suspension, giving the reason, and restores access once the reason has been removed.

14.4. Kusties may end the agreement:

• a) if you materially breach the Terms or the DPA and do not remedy the breach within 14 days after Kusties' notice, or immediately if the breach is serious (for example unlawful content, fraud or deliberate circumvention of security measures);
• b) without cause, with at least 60 days' notice;
• c) if Kusties stops providing the service altogether, with at least 60 days' notice.

In the cases in points (b) and (c) of this clause Kusties refunds the unused part of the paid period, and you can receive an export of your data before the agreement ends.

14.5. Consequences. When the agreement ends, your access to the account ends and the licence granted in clause 10.2 terminates. Provisions that by their nature must survive remain in force, including clause 9.8, section 13, section 15, section 17 and the obligation to pay for services already provided.

15. Data export and deletion#

15.1. Export. You can get a copy of your data at any time. Until the self-service option «Lejupielādēt manus datus» (Download my data) is available in the service, request the export at [email protected]; Kusties prepares it within 30 days after verifying your identity. Once the self-service option is available, you can export from your profile by entering your password again and, if two-step sign-in is on, a code; after each export you receive an e-mail notice. The export contains your clients, appointments, notes, clinical documents, programmes, their assignments to patients, completion marks and the exercises you created, in a machine-readable format (JSON and CSV for the self-service export). The videos of your own exercises, patient alerts, the log of messages sent to patients, appointment types and recurring appointment series, and deleted records are not included (see DPA point 13.1). The exported file contains health data; once downloaded, you are responsible for its security.

15.2. When a paid plan ends, data is not deleted: it always remains available for viewing and export, including on the Free plan.

15.3. After the agreement ends, Kusties handles patient data under section 13 of the DPA: within 30 days you can request an export, and after that Kusties deletes the patient data manually within 60 days, unless the law requires it to be kept or you have agreed with Kusties in writing that it is kept. The service has no automatic deletion; until the manual deletion, a closed account is deactivated and the data is kept. Finalised clinical documents (status «Apstiprināts», Finalised) cannot be deleted in the service. Account data that Kusties processes as controller is kept as the privacy policy describes.

16. Changes to the Terms#

16.1. Kusties may change the Terms and the DPA, for example when the service, the law or the sub-processors change. Kusties gives notice of material changes by e-mail and in the service at least 30 days before they take effect, stating what changes. Price changes follow clause 6.10.

16.2. Changes required by law or by authorities, or changes that are not to your disadvantage (for example clarifications), may take effect sooner.

16.3. To keep using the service you must confirm the new version in the service. If you do not accept the changes, you can end the agreement before they take effect (clause 14.1). If material changes are to your disadvantage and take effect during a paid period, Kusties refunds the unused part of the paid period if you end the agreement for that reason.

16.4. On request, Kusties sends you earlier versions of the Terms.

17. Governing law and disputes#

17.1. The Terms and the DPA are governed by the laws of the Republic of Latvia.

17.2. The parties first try to settle disputes by negotiation. Write to us at [email protected].

17.3. If a dispute cannot be settled by negotiation, it is decided by a court of the Republic of Latvia.

17.4. If you are nevertheless a consumer, these Terms do not limit the rights that mandatory consumer protection rules give you.

18. Other provisions#

18.1. Entire agreement. The agreement (clause 1.4) is the entire agreement about the service and replaces earlier agreements about the same subject, except written promises to pilot participants (clause 5.7(d)).

18.2. Order of precedence. If the agreement's documents differ, a written individual agreement prevails, then the DPA (on the processing of personal data), then these Terms.

18.3. Severability. If a provision is invalid, the others remain in force, and the invalid provision is replaced by one that comes closest to its purpose.

18.4. Assignment. You may not transfer your rights and obligations to another person without Kusties' written consent. Kusties may transfer the agreement to a successor (for example in a reorganisation or sale of the business), notifying you.

18.5. Notices. Kusties sends notices to your account's e-mail address or shows them in the service; you send notices to Kusties at [email protected]. A notice sent by e-mail is deemed received on the working day after it was sent.

18.6. Language. The Terms are drawn up in Latvian; the English translation is for information. If the texts differ, the Latvian text prevails.

18.7. No waiver. A party's failure to exercise a right does not mean it waives that right.

19. Contact details#

SIA "Kusties.com"
Registration No.: 50203259371
Legal address: Ābolu iela 14C, Mārupe, Mārupes nov., LV-2167
VAT No.: LV50203259371
E-mail (support, data protection, content removal): [email protected]
Website: kusties.com · Service: kusties.app