Terms of Service

Last updated: draft, 27 October 2026

1. About these terms

These terms are a contract between you and [company name — to be added] Ltd, a company registered in Scotland, number [company number — to be added], at [registered office address — to be added] ("we", "us"). They cover your use of The Exercise Database (the "service").

By creating an account, you agree to these terms, to our Data Processing Agreement (section 9), and you confirm you have read our Privacy Policy. If you are signing up for a business, you confirm you can bind it.

In these terms, a clinician is anyone with an account, whatever their profession, and a patient is anyone whose details a clinician enters.

2. Who can use the service

You must be [minimum age — to be confirmed] or over, and use the service in the course of your work with patients or clients: as a physiotherapist, coach, trainer or other practitioner.

3. The service

The service lets you build exercise programmes, record sessions, notes and measurements for your patients, and give each patient a link to their own programme. It includes a library of exercises, outcome measures, protocols and frameworks that we provide.

We may improve, change or remove features. If a change takes away something significant you rely on, we will tell you in advance.

4. Your account

• One person per account. Do not share your login.
• Keep your password secret, and the devices you sign in on protected with a passcode or password. Sign out on shared computers.
• Tell us at once at [data protection contact email — to be added] if you think someone else has used your account.
• You are responsible for what happens under your account.
• Keep your email address up to date: it is how we contact you about your account and your data.

5. Your clinical responsibility

The service is a tool for practitioners. It is not medical advice, and it does not make clinical decisions.

• You decide what to prescribe, to whom, and how. You are responsible for checking that any exercise, programme, protocol or progression is suitable for the person you give it to, and safe for them.
• The library, the protocols and the frameworks are general reference material. They are not tailored to any individual, and may not be complete, current or suitable for a particular patient.
• Work within your competence. If you are not a registered health professional, do not use the service to diagnose or treat injury or illness, and refer people to one where needed.
• Some library items link to material on other websites, including videos on YouTube. We do not control that material and are not responsible for it.

6. Your content

Your content stays yours. That includes your patients' records and anything you create: exercises, programmes, protocols, notes.

You give us permission to store, process and display your content only to provide the service to you: for example, to show a patient their programme when you send it. We do not use it for anything else. Section 9 explains how we handle patient data.

You must have the right to everything you upload or link to. Do not upload material that belongs to someone else without their permission.

7. Fees and your free trial

8. Acceptable use

You must not:

• use the service for anything unlawful, or to hold data you have no right to hold
• enter a patient's data without telling them, as your own privacy notice must do
• try to reach data that is not yours, test or break the service's security, or get around its limits
• copy, scrape, resell or reverse-engineer the service or its library
• upload anything harmful: viruses, or content that is abusive, misleading or infringes someone else's rights
• use the service to send unsolicited messages

9. Data protection

For your patients' data, you are the controller and we are your processor. You decide what is recorded and why; we store and process it only on your instructions. Our Data Processing Agreement, at /data-processing-agreement, forms part of these terms and sets out exactly what we do with it. Our providers are listed at /sub-processors.

As controller, you are responsible for:

• having a lawful basis for holding each patient's data, and a condition for holding health data
• if you are not a registered health professional, obtaining your patient's explicit consent before recording information about their health, injuries or medical history, because the condition health professionals rely on does not cover you
• telling your patients how you use their data, with your own privacy notice. We provide a template you can adapt
• answering your patients' requests to see, correct or delete their data. The service gives you the tools: the data report, editing, archiving
• having a way for patients to complain to you
• paying the ICO data protection fee, if it applies to you
• checking a patient's email address before you send them their link

Retention. The service keeps each patient's clinical record for eight years after their last contact, or until their 25th birthday if later (26th if they were 17 at their last contact), and then deletes it automatically. It refuses to delete a clinical record before that date. By using the service, you instruct us to apply this rule.

For your own account data, we are the controller. Our Privacy Policy explains how we use it.

10. Availability and backups

We aim to keep the service available at all times, but cannot promise it will never be interrupted, for maintenance or for reasons outside our control. We back up the database every night, but the service is not a replacement for your own records where your profession requires you to keep them.

11. Leaving, and what happens to your data

• You can leave at any time, from your account page.
• Before you can leave while holding patient records, you must download a copy of them. Your records remain your responsibility after you leave, and you may need to keep them for years.
• Leaving archives your patients for 30 days. If you come back within that time, you can restore everything. After 30 days, we delete our copy automatically.
• Copies in our encrypted backups age out within six months.
• Your account itself is kept for 12 months after you leave, then deleted.

12. Suspension and ending these terms

We may suspend or close your account if you seriously or repeatedly break these terms, do not pay, or if we must do so by law. Unless the law or the risk to others prevents it, we will warn you first and give you time to put it right, and always give you the chance to download your patients' records before anything is deleted.

If we ever stop providing the service, we will give you at least 90 days' notice and time to export your records.

13. Our liability

[This section is a draft awaiting legal review.]

• Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else the law does not allow to be limited.
• We are not liable for clinical decisions you make, or for harm to a patient from an exercise or programme you prescribe (section 5).
• We are not liable for loss of profit, business or goodwill, or for indirect losses.
• Otherwise, our total liability to you in any 12 months is limited to the greater of the fees you paid us in that period and £[amount — to be confirmed].

14. Changes to these terms

We may update these terms. We will email you at least 30 days before a change that affects you, unless it is required by law sooner. If you do not agree, you can leave before it takes effect.

15. General

• These terms, the Data Processing Agreement and the Privacy Policy are the whole agreement between us about the service.
• If any part of these terms is found unenforceable, the rest still applies.
• If we do not enforce something straight away, we can still enforce it later.
• You may not transfer these terms to someone else without our agreement. We may transfer them to a business that takes over the service, and will tell you if we do.
• These terms are governed by the law of Scotland, and the Scottish courts have exclusive jurisdiction.

16. Contact

[data protection contact email — to be added] · [registered office address — to be added]