Terms and Conditions

Effective as of June 10, 2025

Introduction

By using the Software and Services Fasten Health Inc (“Fasten Health”, “we” or “us”) provides, you agree to these Terms, including our Privacy Policy.

Updates and Notifications

We reserve the right to update these Terms at any time. When we do, we will update the “Effective Date” at the top of the Terms and post the revised version on our website. If the changes are material, we will provide additional notice—such as sending an email to the address associated with your account or displaying a prominent notice in the Services—before the changes take effect.

Your continued use of the Software or Services after such updates are posted constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must discontinue using the Services.

Source Code License

As of October-2023, Fasten Health is licensed under the GNU General Public License, Version 3.0.

1. Definitions

2. Account terms

Short version: You – or the organization you work for – is responsible for your Instance and its security, as well as everything stored within it. You must be 18 or over to use our services.

3. Acceptable use

Short version: You’re allowed to use Fasten Health for any reasonable purposes (e.g., don’t try to re-sell it, don’t violate your license, etc.).

4. Usage data

The Software do not send any information with regard to your usage to Fasten Health. Software clients for Windows, Mac, and Linux regularly check fastenhealth.com for new versions of clients. The version checking request contains a non-personally identifiable unique id, which we use for client usage statistic purpose only. This ID doesn’t contain any personal information.

5. Data protection

Short version: Our Privacy Policy tells you what you need to know about how we use any personal information you provide to us. The internet is a dangerous place and, while we’ve instituted safeguards to protect your information, you understand that data breaches happen and we can’t guarantee perfect security.

Data security and user privacy are very, VERY important to us. Please read our Privacy Policy carefully for details relating to how we collect, use, and disclose personal information you provide to us in connection with your use of the Software.

As the Software is provided in the form of a self-hosted Instance, Fasten Health will not have access to any of Your Content unless you include Your Content via email or other support channels to Fasten Health. We have implemented, and the Software contains, commercially reasonable technical and organizational measures designed to secure Your Content and any other information you provide that is stored on your Instance (which we do not have access to), and any information that we do have access to (such as support emails you send to us, etc.), from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your information for improper purposes. You understand that internet technologies have the inherent potential for disclosure.

6. Disclaimer of Warranty

Short version: Other than the warranties explicitly set forth in this section, Fasten Health Software is provided “as is” with no guarantees of any kind (unless applicable law provides you additional mandatory rights). Please read this section carefully.

Our software, services and documentation are provided “as-is” and without warranty of any kind. To the fullest extent permitted by law, we disclaim all warranties, expressed or implied, including but not limited to the warranties of merchantability, accuracy, quiet enjoyment, title, noninfringement, and fitness for a particular purpose.

Fasten Health, Inc. Does not warrant that the software, services or documentation will be uninterrupted or error-free or that all errors will be corrected. We disclaim all liability and responsibility for any third-party products or services or for any acts or omissions of any third-party suppliers, vendors or service providers.

7. Limitation of Liability

Short version: Each party’s liability is limited to direct damages wherever possible, and to no more than $100 or the amount you paid us to access the software. Please read this section carefully.

To the fullest extent permitted by law, we will not be liable for any damages associated with our software, services or documentation, including without limitation, ordinary, incidental, indirect or consequential damages of any kind, such as loss of data, loss of opportunity or loss of profits, even if we have been advised of the possibility of such damages.

In no event will Fasten Health, Inc. Be liable to any third-party vendor, supplier, service provider, or for any amount in axcess of the total fees paid by you to Fasten Health, Inc. In the 12 months prior to the event giving rise to such liability. Notwithstanding any other provision in these terms, our maximum aggregate liability for evaluation software is 100 USD.

8. Governing Law

Short version: The Terms of this agreement are governed by Delaware law and disputes must be brought in Delaware.

Delaware law will govern all disputes relating to these terms of service to the extent permissible by applicable law. Any action brought relating to these terms or relating to the services provided by Fasten Health must be brought in the state or federal courts of Delaware.

9. Conduct

You agree to follow all applicable laws while using our Services and you agree not to abuse or otherwise disrupt our Services by interacting with them in a way we did not clearly intend.

10. Communications

Short version: We will send you emails relating to your account, security, and other service-related topics. You can opt-out of non-essential communications.

You can control most of the communications you receive from us. If you have signed up to receive newsletters and/or general product notifications, you can unsubscribe at any time. To do so, click on the “unsubscribe” or “opt-out” link in the emails you receive. Even if you opt out, we may continue to contact you if there are problems with your customer account, such as failed transactions, and to provide the services you have requested, help you resolve problems, answer questions, comply with applicable laws and regulations, and for similar purposes as described in our Privacy Policy.

11. Medical Advice

Short version: We are not doctors and we do not provide medical advice. Please talk to a qualified medical professional before taking actions regarding your health.

The Software and Services are not intended to provide medical advice. The Software is designed to organize and retrieve information, and we sometimes cite the publicly available recommendations of health authorities, such as recommended daily step counts by the CDC. These should be interpreted as convenient information retrieval from public sources, not as advice from Fasten Health. You should talk to a qualified medical professional before taking actions regarding your health.

12. About these Terms

If any provision of the Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.