ai'am motion — Terms of Use
Version 2.0 · Effective date: 1 October 2026
These Terms of Use (the "Terms") govern the use of the ai'am motion mobile application and the related services (together, the "Service"), provided by Orto Algorytmics sp. z o.o., ul. Prądnicka 12, 30-002 Kraków, Poland, KRS 0000809997, NIP 6772447684 ("Orto Algorytmics", "we", "us"). ai'am.care is our brand. Contact: hello@aiam.care.
The Service is offered exclusively to businesses and professionals. It is not offered to consumers.
1. Definitions
- Customer — the organisation, for example a clinic, practice or company, or a natural person conducting a professional business in their own name, that contracts for the Service. A User and the Customer may be the same natural person; a separate organisation having only one User is not the same case.
- User — a professional who creates an account and uses the Service on behalf of a Customer.
- Patient — a person whose gait is recorded or measured using the Service.
- Customer Data — all data entered, recorded or uploaded to the Service by or for the Customer, including Patient Data and the results and reports generated from it.
- Patient Data — personal data of Patients within Customer Data, including recordings, keypoints, measurement results, clinical context and reports.
- Subscription Agreement — the Master Subscription Agreement between the Customer and us, together with the signed Order Form and the Product Schedule for ai'am motion, governing paid access to the Service.
- Trial Access — use of the Service without a Subscription Agreement, limited to a small number of test reports.
2. Acceptance and authority
2.1. By tapping "Accept" during registration, or by using the Service, the User accepts these Terms on behalf of the Customer.
2.2. The User confirms that they are at least 18 years old, that they are a professional in prosthetics, orthotics, physiotherapy or a related field, and that they are authorised to bind the Customer. A User registering in their own professional business capacity is also the Customer (a sole-practitioner Customer). Before any Patient Data is uploaded, the contracting Customer and the User's capacity must be identified and recorded. Leaving an organisation field blank does not by itself establish that the User is the Customer, or that the User has authority over another organisation's data. The account-deletion consequences for a sole-practitioner Customer are set out in section 4.5.
2.3. Where the Customer has signed a Subscription Agreement, that agreement prevails over these Terms in the event of conflict.
3. What ai'am motion is — and what it is not
3.1. ai'am motion records human gait with the device camera, calculates measurement results such as gait parameters, joint angles and comparisons between recordings, and generates reports.
3.2. ai'am motion is not a medical device. It is not intended to diagnose, prevent, monitor, treat or alleviate any disease, injury or disability, and it does not recommend or decide on treatment.
3.3. The User reviews all data independently and makes their own clinical decisions. Measurement results and reports are information for the User's professional judgement. They must not be the sole basis for any clinical decision.
3.4. Measurement results depend on the recording conditions — camera position, lighting, clothing, visibility of the body and the device, and walking distance. The User is responsible for following the recording instructions shown in the App and for checking whether the results are plausible.
3.5. The Customer and its Users must not present the Service, its results or its reports to Patients, payers or third parties as a medical device, a diagnosis, or a treatment recommendation.
4. Accounts
4.1. Each account is personal to one User. Users must keep their log-in credentials confidential and notify us without delay at hello@aiam.care of any unauthorised use.
4.2. The Customer is responsible for the actions of its Users and for promptly removing the access of persons who no longer act on its behalf.
4.3. Users may start the deletion of their own personal account in the App. This removes their access and their active account data, subject to the limited, purpose-restricted evidence retention explained in the Privacy Policy. Deleting an account alone does not delete Customer Patient Data and does not terminate the Customer's agreement; the combined closure for a sole-practitioner Customer in section 4.5 is the express exception.
4.4. The Customer may delete its patient records, recordings and reports, or close its organisation account, through an authorised administrator or representative and a verified instruction under the data processing agreement. Where the appropriate in-app operation is unavailable, instructions may be sent to hello@aiam.care. Where the Customer is a separate organisation, deleting its last User does not automatically delete the organisation; we establish another authorised contact without refusing the personal account deletion. The sole-practitioner case is governed by section 4.5.
4.5. Sole-practitioner Customer closure. Where the verified Customer is the same natural person as the deleting User, and no other authorised User or expressly appointed representative will continue that Customer's Motion service, the account-deletion flow also closes that Customer's Motion service. Before confirmation, we clearly identify the Customer and the affected service, explain the export and deletion timetable, and obtain a recorded confirmation covering both the personal account deletion and the closure of the Customer's service. That confirmation is the Customer's documented return and deletion instruction; no separate follow-up request and no replacement contact is required. Where continuity through another authorised person is expressly arranged and verified, the User may instead delete only their personal account.
4.6. Completion after account deletion. For a closure under section 4.5, termination of the Motion service takes effect on confirmation, subject to the limited transition and retrieval processing in section 11. We provide secure export and retrieval to the verified Customer through a limited route that is independent of the deleted login. Minimal verified closure contact details may be retained solely for that process, for its notified duration, and are then removed unless a specified legal-retention basis applies. The Customer may expressly choose lawful earlier deletion without receiving an export. Otherwise, after the notified retrieval period, deletion proceeds without a further instruction, including where the export is not collected. An export failure attributable to us is remedied promptly and does not silently consume the retrieval period; neither a missing replacement contact nor silence permits indefinite storage. Patient-record duties remain the Customer's responsibility, subject only to specific applicable retention exceptions. Continuing products, including ai'am pro, require an expressly recorded separate scope and verified continuity; closing Motion does not silently delete their shared data. Accrued payments and any previously agreed lawful termination charges remain governed by the applicable agreement; this clause creates no new charge.
5. Trial Access and subscription
5.1. After registration, the Service is available as Trial Access, with a limited number of test reports.
5.2. Full use of the Service requires a Subscription Agreement with us. Fees, the pricing unit and the payment terms are set out in that agreement. No purchases are made in the App.
5.3. We may change the scope of Trial Access, or end it, at any time.
6. Customer obligations regarding Patients
6.1. The Customer is the controller of the Patient Data processed to provide the Service. The Customer is responsible for having a valid legal basis for recording and processing Patient Data, for informing Patients in accordance with applicable law, and for complying with the rules on medical records that apply to it.
6.2. Before any recording, the Customer must inform the Patient and obtain the Patient's consent where required by law. For a Patient who is a minor or who lacks capacity, consent must be given by a parent or legal guardian.
6.3. Use of recordings to develop our models under section 8 requires the Patient's separate, explicit and freely given consent, collected using the consent form we provide and recorded in the App. The Customer must not make a Patient's care conditional on that consent.
6.4. The Customer must ensure that recordings show only the Patient and persons who have agreed to be recorded, and must not upload content unrelated to gait measurement.
6.5. The Customer will inform us without delay where a Patient withdraws consent to the use of recordings for model development, unless the withdrawal is recorded in the App.
6.6. Customers in the United States. A Customer that is a covered entity or a business associate under HIPAA must not upload protected health information until a Business Associate Agreement has been signed with us.
7. Acceptable use
7.1. Users must not: (a) use the Service in breach of the law or of Patients' rights; (b) attempt to access the data of other Customers; (c) reverse engineer, decompile or extract the models or source code, except where the law expressly allows it; (d) test the security of the Service without our written consent; (e) overload or disrupt the Service; (f) resell the Service or make it available to third parties; or (g) use the Service to build a competing product.
7.2. We may suspend access that endangers the security of the Service or the data of other Customers, or that clearly breaches these Terms. We will inform the Customer and restore access once the reason has ceased.
8. Development of our models
8.1. Where a Patient has given separate, explicit consent under section 6.3, we use that Patient's recordings and the associated measurement data to train, test and improve our models. For this purpose we act as an independent controller, as described in the Privacy Policy and in the Data Sharing Addendum.
8.2. We use only recordings and the associated measurement and clinical data, without Patients' names or contact details, and we apply safeguards including pseudonymisation and restricted access.
8.3. Where a Patient withdraws consent, we remove that Patient's recordings from our training and evaluation datasets. Models already trained are not affected; they do not contain the recordings themselves.
8.4. Without such consent, Patient Data is used only to provide the Service to the Customer.
9. Intellectual property
9.1. We own all rights to the Service, including the App, the software, the models, the algorithms and the documentation, and all improvements to them, including improvements resulting from model development under section 8.
9.2. For the duration of the Customer's access, we grant the Customer and its Users a non-exclusive, non-transferable right to use the Service for the Customer's professional activity in accordance with these Terms.
9.3. The Customer retains all rights to Customer Data. The Customer grants us the right to use Customer Data to the extent necessary to provide the Service and, for recordings covered by consent under section 6.3, for model development.
9.4. We may use aggregated usage statistics that do not identify the Customer, any User or any Patient in order to operate and improve the Service.
9.5. Where a User sends us suggestions or feedback, we may use them freely and without obligation.
10. Availability, support and changes
10.1. We make reasonable efforts to keep the Service available, subject to maintenance, updates and events beyond our control. Service levels, where any apply, are set out in the Subscription Agreement.
10.2. Support is available at hello@aiam.care.
10.3. We develop the Service continuously and may change its functions. We will not materially reduce the core functions of a paid subscription during its term without the Customer's consent.
11. Data export and deletion
11.1. Available reports may be exported during the period of access. On the Customer's request and on termination, we provide a secure export of Customer Data — including uploaded recordings, measurements, reports and the identifiers and relationships needed to use them — in a commonly used machine-readable format; reports are also provided in their available readable format. In the absence of an agreed transition, the export is made available within 30 calendar days after termination, or earlier where the law requires it. No export or switching charge applies. Protected provider assets such as software and model weights are excluded only so far as applicable law permits.
11.2. The Customer's maximum notice period to start switching is two months, and the normal transition period is no more than 30 calendar days after notice. We give reasonable assistance and maintain the agreed service and security levels during the transition. Any extension must comply with applicable law and be justified and notified where required; the Customer's mandatory rights to extend the period or to achieve earlier switching are preserved. These periods do not authorise delaying a personal User's deletion request.
11.3. The Customer has at least 30 calendar days to retrieve its data after the transition ends or, where there is no transition, after the export becomes available following termination. Deletion from active systems and from backups then follows under the data processing agreement. Earlier deletion requires a verified, lawful Customer instruction. We notify the export timetable, and we do not erase data merely because a User account has ended.
11.4. A paid Subscription Agreement governs the detailed exit process and any charges other than the free export and switching assistance. Mandatory statutory rights remain effective. Without such an agreement, Trial Access carries no early-termination fee. The same return and deletion protections apply to Trial Access data. Records shared with another continuing Customer product are handled according to a scoped Customer instruction.
12. Warranties
12.1. We provide the Service with due professional care.
12.2. We do not warrant that every recording yields error-free results, that availability will be uninterrupted, or that the Service is suitable for an unspecified clinical purpose. This does not remove our duty of professional care, expressly agreed functionality, our data-protection duties, or any mandatory obligation. Trial Access does not carry a paid-service service level unless expressly agreed.
13. Liability
13.1. For paid Services, the aggregate liability allocation in the Subscription Agreement applies. Its basis is the fees paid or payable in the 12 months before the first event giving rise to a claim, allocated to the relevant contract year, with no implied full-year extrapolation for a shorter relationship; related claims share the applicable aggregate cap. No separate cap arises merely because a User accepted these Terms. Trial Access carries no separate monetary liability cap; sections 13.2 to 13.4 apply to it in the same way.
13.2. So far as the law permits, neither party is liable to the other for lost profits, lost revenue, loss of business, or indirect or consequential damage. The Customer and its Users remain responsible for their independent clinical decisions. This does not exclude our liability for our own defect, a failure of professional care, a security failure, or another breach contributing to a loss. We remain responsible for our subcontractors' performance as required by the data processing agreement and by applicable law.
13.3. These limitations do not apply to intentional misconduct, to payment obligations, to expressly due refunds of unused prepaid fees, or to liability that cannot lawfully be limited. They allocate liability between us and the Customer only; they do not limit a Patient's statutory rights and they do not bind any authority.
13.4. The Customer is responsible towards us for third-party claims to the extent caused by its breach of section 6. We must promptly notify any such claim, cooperate, mitigate the loss, and allow the Customer to take part in its defence. No admission or settlement binding the Customer may be made without the Customer's consent, which will not be unreasonably withheld. The Customer is not responsible for the part of a claim caused by our own breach or fault. Where a Subscription Agreement applies, its corresponding allocation and aggregate limits govern; these Terms create no additional unlimited indemnity.
14. Term, suspension and termination
14.1. These Terms bind the Customer while its access to the Service continues, and bind each User in respect of that User's use. Deleting an account alone ends that User's access, but not the Customer's agreement and not the access of other authorised Users. Sections 4.5 and 4.6 govern the combined closure of the account and the Motion service of a sole-practitioner Customer. Surviving obligations remain effective.
14.2. Either party may end Trial Access at any time. Termination of paid access is governed by the Subscription Agreement, whose Motion Product Schedule also addresses sole-practitioner closure.
14.3. We may terminate access with immediate effect where the Customer seriously breaches these Terms and does not remedy the breach within 14 days of being notified.
14.4. Sections 8.3, 9, 11, 13 and 17, and the data processing agreement to the extent necessary for the return and deletion of data, survive termination.
15. Confidentiality
Each party will keep confidential the non-public information of the other party received in connection with the Service, and will use it only for the purposes of these Terms, except where disclosure is required by law.
16. Apple App Store terms
16.1. These Terms are concluded between the Customer, and its Users, and Orto Algorytmics only — not with Apple Inc. ("Apple"). We, not Apple, are solely responsible for the App and its content.
16.2. The licence to use the App is limited to use on Apple-branded products that the User owns or controls, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
16.3. Apple has no obligation to provide maintenance or support services for the App.
16.4. To the maximum extent permitted by law, Apple has no warranty obligation with respect to the App. Any claims, losses, liabilities, damages, costs or expenses attributable to a failure of the App to conform to any warranty are our responsibility, to the extent not effectively disclaimed.
16.5. We, not Apple, are responsible for addressing any claims relating to the App or its use, including product liability claims, claims that the App fails to conform to a legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation.
16.6. In the event of a third-party claim that the App or its use infringes that third party's intellectual property rights, we, not Apple, are responsible for the investigation, defence, settlement and discharge of that claim.
16.7. The User represents that they are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that they are not listed on any U.S. Government list of prohibited or restricted parties.
16.8. Questions, complaints or claims about the App should be sent to: Orto Algorytmics sp. z o.o., ul. Prądnicka 12, 30-002 Kraków, Poland, hello@aiam.care.
16.9. Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon the User's acceptance of these Terms, Apple will have the right to enforce them against the User as a third-party beneficiary.
17. Final provisions
17.1. These Terms are governed by the laws of Poland, excluding the UN Convention on Contracts for the International Sale of Goods. The parties will first seek to resolve any dispute amicably, including through mediation by a mediator entered on the list of court mediators. Where a dispute is not resolved within 30 days of the start of mediation, it will be finally settled by the Court of Arbitration at the Polish Chamber of Commerce (Sąd Arbitrażowy przy Krajowej Izbie Gospodarczej) in Warsaw, in accordance with its rules; the language of the proceedings is English, or Polish where both parties are established in Poland. Where a Subscription Agreement is signed, its dispute resolution clause applies.
17.2. We may amend these Terms for important reasons, such as a change in the law, in security requirements, or in the functions of the Service. We will notify Users in the App at least 30 days before material changes take effect, and Users will be asked to accept the new version. Where the Customer does not accept it, the Customer may terminate as provided in the Subscription Agreement, or stop using the Service.
17.3. Order of precedence. In relations between the Customer and us, a signed Subscription Agreement prevails over these Terms; in matters of personal data, the data processing agreement and its annexes prevail.
17.4. Where any provision is invalid, the remaining provisions remain in force.
17.5. The English version of these Terms is binding. Translations are provided for convenience.
Annex A — Data Processing Agreement
The Data Processing Agreement, which is available on request at hello@aiam.care, forms part of these Terms and applies from the first use of the Service, including Trial Access. The Data Sharing Addendum on model development and, for Customers subject to HIPAA, the Business Associate Agreement, apply as described in sections 6 and 8.