ErgoPlus

Terms

 
 

Terms of Service

Updated 3/26/2025

By accessing and utilizing the ErgoPlus Industrial Software (“Software”) provided by Briotix Health, LP (“Briotix Health”), you are agreeing to be bound by the following terms and conditions (“Terms”). Briotix Health reserves the right to update and change these Software Terms without notice. Violation of any of the Terms below may result in the termination of your account.

Arbitration Notice

YOU AGREE THAT DISPUTES ARISING UNDER THESE TERMS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND BY ACCEPTING THESE TERMS, YOU AND BRIOTIX HEALTH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.

Software

1. Your Agreement with Briotix Health

1.1. Acceptance of Terms

To use the Software, you must first agree to the Terms. You understand and acknowledge that, if you use the Software, Briotix Health will treat your use of the Software as acceptance of the Terms from that point onwards.

1.2. Changes to Terms

Briotix Health may make changes to the Terms from time to time. You may reject the changes by terminating your account. You understand and agree that, if you use the Software after the date on which the Terms have changed, Briotix Health will treat your use as acceptance of the updated Terms.

If you have any questions about the Terms, please contact us at info@ergo-plus.com.

2. Eligibility; Accounts and Registration

2.1. Eligibility

You must be at least 18 years old to use the Software. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Software; and (c) your registration and your use of the Software is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and references to you herein (and all of your obligations hereunder) will refer to such entity and any individual using the Software on such entity’s behalf.

2.2. Accounts and Registration

To access most features of the Software, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up to date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at info@ergo-plus.com.

3. Ownership; Proprietary Rights

The Software is owned and operated by Briotix Health. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, templates, and all other elements of the Software (“Materials”) provided by Briotix Health are protected by intellectual property laws and other laws. All Materials included in the Software are the property of Briotix Health or its third-party licensors. Briotix Health reserves all rights to the Materials not granted expressly in these Terms.

4. Third Party Terms

The Software may contain advertisements and/or links to other websites (“Third Party Sites”). Briotix Health does not endorse, sanction, or verify the accuracy or ownership of the information contained in/on any Third-Party Site or any products or Software advertised on Third Party Sites. If you decide to leave the Site and navigate to Third Party Sites or install any software or download content from any such Third-Party Sites, you do so at your own risk. Once you access a Third-Party Site through a link on your Site, you may no longer be protected by these Software terms, and you may be subject to the terms and conditions of such Third-Party Site. You should review the applicable policies, including privacy and data gathering practices, of any Third-Party Site to which you navigate from the Site, or relating to any software You use or install from a Third-Party Site. Concerns regarding a Third-Party Site should be directed to the Third-Party Site itself. Briotix Health bears no responsibility for any action associated with any Third-Party Site.

5. Licenses

5.1 Permission to Use

Subject to and conditioned upon your compliance with these Terms, Briotix Health grants to you a revocable, worldwide, royalty-free, non-assignable, and non-exclusive license to use the software provided to you by Briotix Health as part of the Software as provided to you by Briotix Health. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Software as provided by Briotix Health, in the manner permitted by the Terms.

5.2 Restrictions

You may not (and you may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless You have been specifically told that You may do so by Briotix Health, in writing (e.g., through a separate source code license agreement; or (b) attempt to disable or circumvent any security mechanisms used by the Software.

5.3 Feedback

Please keep in mind that Briotix Health does not seek any unsolicited ideas and/or materials for the Software. If you provide us (in a direct mail, email and/or otherwise) with any feedback, suggestions, improvements, enhancements, recommendations and/or feature requests relating to the Software (“Feedback”), then you further grant to Briotix Health a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner it deems appropriate, any and all Feedback, and to sublicense the foregoing rights. Briotix Health will treat any Feedback you provide to Briotix Health as non-confidential and non-proprietary. You represent and warrant that you have all rights necessary to submit the Feedback.

6. User Content

You represent and warrant that: (i) any information and/or User Content you provide in connection with your access to and/or use of the Software is true, accurate and complete and you will maintain and update such information regularly; and (ii) you will respect the intellectual property, other information, and all rights of Briotix Health and others using the Software.

6.1 Your Content

All content you or your users upload, create, submit, distribute, and/or post to the Software is the sole responsibility of the person who originated such User Content. Briotix Health has no responsibility and/or liability for the deletion and/or accuracy of any User Content; the failure to store, transmit and/or receive transmission of User Content; and/or the security, privacy, storage, and/or transmission of other communications originating with and/or involving use of the Software. You hereby grant Briotix Health a worldwide, perpetual, non-exclusive, royalty-free, perpetual, irrevocable, assignable, sub-licensable, transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, and perform the User Content for purposes of providing the Software and allow Briotix Health to use your name and logo for Briotix Health’s marketing purposes. You alone are responsible for User Content, and once published, it cannot always be withdrawn. You represent that you own, and/or have the necessary permissions to use and authorize use of User Content as described in the Terms.

6.2 User Content Liability

Briotix Health shall not be liable for any loss, deletion, removal, and/or failure of delivery to the intended recipient of User Content, whether caused by computer virus, unauthorized access and/or otherwise. You are encouraged to retain a back-up copy of all User Content and you undertake that you shall do so in respect of all uploaded User Content. Briotix Health reserves the right to deny access to this site and delete User Content at any time without notice.

7. Data Usage

The software contains reports and analytics based on underlying data entered into and generated by the application. Users of the data are cautioned to consider the provisional nature of the data before using it for decision making. The user assumes the entire risk related to use of the data. The data are provided “as is” and the originating source for the data or Briotix Health are not liable for any damages, including, without limitation, damages resulting from lost data or lost profits or revenue, the costs of recovering such data, the costs of substitute data, claims by third parties or for other similar costs, or any special, incidental, or consequential damages, arising out of the use of the data.

8. Prohibited Conduct

BY USING THE SOFTWARE, YOU AGREE THAT YOU WILL NOT:

  • Use the Software for any illegal purpose or in violation of any local, state, national, or international law.
  • Circumvent, disable, or otherwise interfere with security-related features of the Software, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Software and/or the Content contained therein.
  • Engage in unauthorized framing of or linking to the Software.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Make improper use of you support Software or submit false reports of abuse or misconduct.
  • Interfere with, disrupt, or create an undue burden on the Software or the networks or Software connected to the Software.
  • Attempt to impersonate another user or person or use the username of another user.
  • Sell or otherwise transfer your profile.
  • Use the Software as part of any effort to compete with us or otherwise use the Software and/or the Content for any revenue-generating endeavor or commercial enterprise.
  • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Software.
  • Attempt to bypass any measures of the Software designed to prevent or restrict access to the Software, or any portion of the Software.
  • Copy or adapt the software.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Software.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Software, or using or launching any unauthorized script or other software.
  • Disparage, tarnish, or otherwise harm, in your opinion, us and/or the Software.

9. Electronic Communication

By using the Software, you agree to receive certain communications in connection with the Software. The communications between you and Briotix Health include whether you use the Software or send us emails, or whether Briotix Health posts notices on the Software or communicates with you via email. For contractual purposes, you (i) consent to receive communications from Briotix Health in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Briotix Health provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be a hard copy in writing. The foregoing does not affect your non-waivable rights.

10. Modification of the Software

You acknowledge and agree that the Software may change from time to time without prior notice to You. Changes include, without limitation, changes to fee and payment policies, security patches, added or removed functionality, and other enhancements or restrictions. Briotix Health shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Software.

11. Disclaimer of Warranties and Limitation of Liability

THE SOFTWARES ARE PROVIDED TO YOU “AS IS” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. BRIOTIX HEALTH HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF ACCURACY, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OR CONTENT OF THE SOFTWARES, OR AGAINST DATA LOSS IN CONNECTION WITH THE SOFTWARES. BRIOTIX HEALTH AND ITS SUPPLIERS DO NOT WARRANT THAT THE SOFTWARES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, DELAYS, OR ERRORS AND DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SOFTWARES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SOFTWARES IS IN ACCORDANCE WITH THE APPLICABLE LAW.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT: (A) BRIOTIX HEALTH’S LIABILITY IN CONNECTION WITH THIS AGREEMENT, THE SOFTWARES AND MATERIALS PROVIDED PURSUANT TO THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION GIVING RISE TO SUCH LIABILITY (WHETHER IN CONTRACT, TORT OR OTHERWISE), SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY YOU TO BRIOTIX HEALTH FOR THE SOFTWARES DURING THE CURRENT SOFTWARE PERIOD, AND (B) BRIOTIX HEALTH SHALL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, MISINTERPRETED DATA, PENALTIES, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOST BUSINESS OR LOST PROFITS), EVEN IF BRIOTIX HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING STATES THE ENTIRE LIABILITY OF BRIOTIX HEALTH WITH REGARD TO THIS AGREEMENT AND THE SOFTWARE PROVIDED PURSUANT TO THIS AGREEMENT.

12. Indemnity and Waiver

12.1. Indemnification

You agree to defend, indemnify and hold harmless Briotix Health, its suppliers and licensors, and respective parent company, subsidiaries, partners, affiliates, officers, agents, employees, representatives, contractors, and assigns from all demands, proceedings, losses, costs, damages, awards, fees, expenses, and/or liabilities of any nature including without limitation reasonable attorneys’ fees, that arise from and/or relate to (i) your use of the Software and/or inability to use the Software; (ii) your User Content; (iii) your violation of the Terms, (iv) your violation of any rights of a third party through use of the Software or User Content; (v) fraud you commit and/or your intentional misconduct and/or your negligence and/or (vi) your interaction with any other user. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses. You agree not to settle any matter without the prior written consent of Briotix Health. Briotix Health will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

12.2. Waiver

You hereby forever discharge and release Briotix Health, its affiliates, parent company, subsidiaries, and respective employees, agents, contractors, directors, suppliers and representatives from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, and/or that relates directly or indirectly to: (i) the Software; (ii) any inaccurate, incomplete, unreliable, illegal or infringing content posted on the Software, whether caused by Briotix Health or any user of the Software, or by any of the equipment or programming associated with or utilized in the Software; (iii) the conduct, whether online or offline, of any user; (iv) any injury, loss or damage caused by another user or User Content posted on the Software, whether online or offline; and (v) any error, omission, interruption, deletion, defect, delay in operation and/or transmission, communications line failure, theft and/or destruction and/or unauthorized access to, and/or alteration of, the Software users’ communications.

13. General Terms

13.1. Entire Agreement; Conflict

Unless otherwise agreed to by Briotix Health and you in writing, the Terms (including without limitation the terms and conditions set forth herein and Briotix Health’s operating rules, policies and/or procedures as described above) constitutes the entire agreement between Briotix Health and you concerning the subject matter hereof.

13.2. Governing Law

Except to the extent applicable law, if any, provides otherwise, this Agreement and any access to or use of the Software will be governed by the laws of the State of Texas, U.S.A., excluding its conflict of law provisions.

13.3. Arbitration

In the event of a dispute, you and Briotix Health agree to try for 60 days to resolve it informally. If the dispute cannot be resolved informally, then you and Briotix Health agree to binding individual arbitration before the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”), which shall be held exclusively in Harris County, Houston, Texas. You agree not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide, and the arbitrator’s decision will be final except for a limited right of review under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity are not allowed. Nor is combining individual proceedings without the consent of all parties. These limitations apply to all of Briotix Health and its affiliates, officers, director’s agents, contractors, suppliers, and shareholders.

The term “dispute” is as broad as it can be. It includes any claim or controversy between you and us concerning the Software, the Software price, billing, or these Terms, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors’, Briotix Health’s, or your licensors’ intellectual property rights.

If you have a dispute and your Software representatives cannot resolve it, then you agree to send a Notice of Dispute to Briotix Health in a manner directed under this Agreement. You will provide us with your name, address, how to contact you, what the problem is, and what you want. Briotix Health will do the same if there is a dispute with you. After 60 days, you or Briotix Health may start arbitration proceedings if the dispute is unresolved.

You and Briotix Health must file any claim or dispute in arbitration (except intellectual property disputes) within one year from when it first arose. Otherwise, the claim is permanently barred.

If a class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts will not be arbitrated but will proceed in court, with the rest proceeding in arbitration. If any other provision of this section is found to be illegal or unenforceable, that provision will be severed but the rest of this section still applies.

13.4. Reference

You agree that we may reference you as our customer, and that we may reasonably use, on a royalty-free basis, your trademark and/or logo for such a purpose.

13.5. Severability

If any part of the Terms is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Terms and/or any breach thereof, in any one instance, will not waive such term and/or condition or any subsequent breach thereof.

13.6. Assignment

You may not assign your rights under the Terms to any other party without Briotix Health’s express prior written consent; Briotix Health may assign its rights under the Terms without condition. The Terms will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

13.7. Force Majeure

Except for payment obligations, neither Briotix Health nor you will be liable by reason of any failure or delay in the performance of obligations on account of events beyond the reasonable control of a party, which may include denial-of-Software attacks, a failure by a third-party hosting provider or utility provider, shortages, riots, fires, acts of God, war, strikes, terrorism, pandemic, and governmental action.

13.8. Survival

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity provisions and limitations of liability.

13.9. No Waiver

No waiver by either you and/or Briotix Health of any breach and/or default and/or failure to exercise any right allowed under the Terms is a waiver of any preceding and/or subsequent breach and/or default and/or a waiver and/or forfeiture of any similar and/or future rights under the Terms.

Contact

If you would like to request additional information regarding the Terms or for any questions regarding a commercial relationship with Briotix Health, please contact us at info@ergo-plus.com.