1. Application, scope, etc.
1.1 Parties and applications
You can use the HOPE App through your employer or your care provider (”Employer/Care Provider”). In order to use the HOPE App, you will need to enter information about your health into the HOPE App. All data that you enter into the HOPE App will be sent securely from your smart phone, via the HOPE App, to your Employer/Care Provider’s storage facility. Your Employer/Care Provider will have access to all of the information that you enter into the HOPE App.
By using the HOPE App, you will provide your Employer/Care Provider with information which is to be considered as personal data.
1.2 Limitation of liability
ADDI Medical is solely a technical service provider of the technical platform which is used by your Employer/Care Provider and by you. The agreement entered into between you and ADDI Medical is therefore only to be regarded as a service agreement concerning the provision of a technical application for iOS or Android – the HOPE App. ADDI Medical is responsible for the secure transport of data to third parties (based on your consent) but does not accept liability for or undertake to review any data which you may be asked to share, such as data pertaining to your physical and/or mental health.
1.3 Acceptance of the agreement terms
Through undertaking such a registration, you accept these Terms of Agreement in your capacity as a User.
1.4 User responsibility
As a User, you are responsible for ensuring that the contact information you provide upon conclusion of the Agreement is correct and you undertake to keep your profile in the HOPE App up to date throughout the entire term of the agreement. You must update any changes via the HOPE App.
1.5 Information about agreement terms and policy
These terms, as well as any instructions, policies and your contact information/any other information that you provide about yourself in the HOPE App at the time of agreement conclusion, are available in the HOPE App.
2. General information about the HOPE App
2.1 Requirements in order to become a User
In order to conclude an agreement and therefore log into the HOPE App, it is a requirement that you have a BankID and/or a valid form of identification and that you are at least eighteen (18) years of age.
2.2 The HOPE App may not be transferred
The User is responsible for all actions undertaken through use of the HOPE App. The HOPE App may only be used by the User to whom the account is registered and the HOPE App may not be transferred or made available to anybody else. Care Providers are, however, entitled to use the HOPE App on the behalf of children, provided that the child in question is under the age of eighteen (18). ADDI Medical shall not be held liable for any misuse of the HOPE App by an unauthorized third party or for any consequential damage that may arise as a result.
2.3 User responsibility
In your capacity as a User, you are responsible for using the Hope App in accordance with this Agreement, with any other terms specified in the Hope App and with all applicable legislation. You are solely responsible for the information that you publish on or via the HOPE App and you are therefore solely responsible for the content therein.
2.4 User acceptance of product descriptions
By registering as a User of the HOPE App, you acknowledge and accept the technical specifications, requirements and limitations of the HOPE App as set out in ADDI Medical’s manual for the HOPE App which applies at any given time and which is available for access via the HOPE App.
2.5 Consent to mailings
By registering as a User in the HOPE App, you acknowledge and accept that the contact details provided can be used by ADDI Medical in order to contact you via mailings sent either by email or as telephone messages containing information. You are entitled to unsubscribe from these communications. ADDI Medical is obliged to accept your request without undue delay once it has been received by ADDI Medical. In order to unsubscribe, simply send an email with your contact information to email@example.com.
2.6 ADDI Medical is not a Care Provider
Content published or provided by ADDI Medical via the HOPE App is not to be regarded as a supplement to the medical advice given to you by your Care Provider and is not intended to serve as a substitute for a physician’s assessment, diagnosis or treatment for any disease. ADDI Medical shall in no regard bear any liability as a care provider.
3. ADDI Medical’s responsibility
3.1 Overall responsibility
Subject to the limitations set out in item 3, ADDI Medical is responsible for ensuring that the HOPE App is available in accordance with items 3.3 – 3.6 below.
3.2 Applicable laws
ADDI Medical is responsible for maintaining such oversight and such liability for the HOPE App as follows from Act (2002:562) on Electronic Commerce and Information Society Services and from Act (2005:59) on Distance Contracts and Off-Premises Contracts. ADDI Medical is not liable for any loss of data. The HOPE App is classified as a Medical Device, Class One (Medical Information System) and falls under the regulatory remit of the Swedish Medical Products Agency.
3.3 Information outside of the HOPE App
ADDI Medical is not liable for any content which is linked to or from the HOPE App.
3.4 Availability of the HOPE App
It is the objective of ADDI Medical to ensure a high level of availability for the HOPE App. As a User, you shall be given a reasonable opportunity to use the HOPE APP throughout the entire day. The HOPE App is provided as per the above, but with allowances made for permitted interruptions, including but not limited to, planned maintenance or interruptions for which advance notice will be given in the HOPE App.
3.5 Limitations to ADDI Medical’s liability for availability
ADDI Medical shall not be liable for interruptions to availability which are caused by:
3.6 Limitations to ADDI Medical’s liability for content
ADDI Medical is only responsible for the technical administrative development and operation of the HOPE App. ADDI Medical is not liable for care, information or recommendations which are provided to you as a User by your Care Provider via the HOPE App.
3.7 Reporting disruptions in availability or software faults/errors
Interruptions or faults in the availability of the HOPE App can be reported without delay to ADDI Medical’s customer service desk via firstname.lastname@example.org. Reports can be sent 24/7.
3.8 Error recovery
Errors shall in the first instance be resolved via error recovery if this can be done without any undue cost or inconvenience for ADDI Medical. ADDI Medical is entitled to remedy any errors at its own expense provided that this can be done within a reasonable time and without undue convenience to you as a User.
In the case that information which you supply via the HOPE App infringes the intellectual property rights of a third party, you undertake to immediately remove all such infringing parts of the material or to immediately inform us so that we may remove the material ourselves.
3.9 Misuse of the HOPE App
ADDI Medical shall not be liable for any errors or faults that are caused by you in your capacity as a User of the HOPE App or for any circumstances for which you are liable. Similarly, ADDI Medical shall not be liable for any form of personal injury or other consequences which may arise as a direct or indirect result of any use or misuse of the information that is supplied, presented or referred to by or within the HOPE App.
4. Intellectual property rights, etc.
4.1 Ownership, copyright, etc.
Ownership, copyright and all other rights to ADDI Medical’s brand, trade name and the HOPE App, as well as all documents which are used and/or provided by ADDI Medical within the Hope App, such as but not limited to these general customer terms, are the property of ADDI Medical (or where applicable of ADDI Medical’s licensors) and subject to an exclusive right. ADDI Medical therefore retains the exclusive right to use all of the above materials. All copying, modification, transfer and/or other use of ADDI Medical’s materials is forbidden unless express permission is given under this Agreement or by ADDI Medical’s instructions at any given time. As a USER, you acknowledge and accept that any unauthorized use of ADDI Medical’s intellectual property, beyond constituting a violation against this Agreement, may also constitute a criminal activity. ADDI Medical reserves the right to take legal actions in the event of any such unauthorized use of ADDI Medical’s intellectual property rights.
4.2 Intellectual property rights accrue to ADDI Medical
Any and all intellectual property rights which arise as a result of ADDI Medical’s provision of the HOPE App to you in your capacity as a User (not including personal details), shall accrue to ADDI Medical and shall be subject to an exclusive right of use. This exclusive right includes a right to freely modify, transfer and grant such results.
5. Unauthorized use and information
5.1 Actions against unauthorized use
ADDI Medical takes seriously all unauthorized use of the HOPE App which is in violation of these general terms and/or of the applicable manual concerning security, ethics, etc, which is provided by ADDI Medical. ADDI Medical shall proactively take actions against any actual or anticipated unauthorized use of the HOPE App.
5.2 Suspension as a result of agreement violation
ADDI Medical reserves the right, following prior warning or notification to you in your capacity as a User of the HOPE App, at any time and without liability for any consequences, to remove information from the HOPE App and/or to suspend you as a User of the HOPE App, or to adopt any other measures in response to any violation by you against this agreement or in order to protect the reputation and reliability of the HOPE App. Following such suspension, ADDI Medical shall be further entitled to terminate the Agreement in accordance with item 6.2 below.
5.3 Compensation for agreement violations
If you, in your capacity as a User of the HOPE App, have breached this Agreement or applicable law, or used the HOPE App in an unlawful or unauthorized manner, you shall be liable to pay compensation and shall hold ADDI Medical harmless for all damage which is caused to ADDI Medical as a result (including but not limited to fees for legal counsel, court costs and all claims brought by a third party).
5.4 Limitation in the provision of information
Under current and applicable law, ADDI Medical may not provide such information about you for which HOPE App users such as care providers are the personal data processor, and which the care provider opposes or cannot publish in the HOPE App.
6. Agreement term and termination
6.1 Termination of the agreement
The agreement applies indefinitely from the time at which you register as a User in the HOPE App. As a User of the HOPE App, you are entitled to terminate the Agreement with immediate effect. In the event of such termination, ADDI Medical shall expediently remove the terminated HOPE App account.
6.2 Agreement termination by ADDI Medical
ADDI Medical is entitled to terminate your HOPE App agreement with immediate effect should you in your capacity as a HOPE App user breach or be reasonably suspected of likely breaching these terms of agreement or any other provision in the Agreement and if you fail to undertake remedial action within thirty (30) days following written notice hereof. Your registered HOPE App account shall be suspended upon such termination, whereupon the Agreement shall automatically cease to apply.
6.3 Permission required to re-register following suspension
If you, in your capacity as a HOPE App user, have been suspended from the Hope APP in accordance with item 6.2 above, you shall not be entitled to register a new HOPE App account without first obtaining special permission from ADDI Medical.
7. Development and amendment of terms
7.1 Changes to the scope and function
ADDI Medical reserves the right to amend the scope and function of the HOPE App. Platform and service development may concern, for example but not exclusively, layout, content, service or functionality and may affect the Agreement. Notice will be provided of any such changes via the HOPE App. The customer terms which apply at any given time can be accessed in the HOPE App.
8. Force Majeure
8.1 Force majeure and termination
ADDI Medical shall not pay compensation for any damage caused as a result of strike, fire, the exercise of official authority, accidents, faults or delays attributable to subcontractors, interruptions to general communication systems or any other circumstances which lie outside the control of ADDI Medical and for which ADDI Medical could not reasonably have been expected to anticipate and whose consequences ADDI Medical could not reasonably have been expected to overcome. In the event that circumstances such as those described under this item persist for a period in excess of one (1) month, the parties shall be entitled to terminate the Agreement with immediate effect.
9.1 Provide an email address and telephone number
As a User, you must enter an email address and telephone number which ADDI Medical can use to send you confirmation messages, reminders and other communications from time to time. You are obligated to inform ADDI Medical of any changes to your contact details without undue delay. Notices of termination and other such messages shall be sent via email.
9.2 Receipt of messages
Messages shall be regarded as having been received by the recipient if sent by SMS or email: once receipt is duly confirmed.
10. Personal data
11.1 The Agreement may not be transferred
Users of the HOPE App may not transfer the Agreement or rights and/or obligations arising from the Agreement to another party.
ADDI Medical is entitled to engage subcontractors for the fulfilment of its obligations under the Agreement.
12.1 Swedish law
Swedish law shall apply to the Agreement. Disputes arising from contracts to be settled by court.
Company name: ADDI Medical AB
Corporate identity number: 559066-1608
Street address: Svärdvägen 25B
Postcode and town: 182 33 Danderyd