Terms of Use
Between the Company (defined below) and end users.
This license agreement (“Agreement”) is a binding agreement between you as the end user (“you”, “your” or “End User”) of the Software Application and Website (as defined below) and the Company. This Agreement governs your use of ImagineCare Services (as defined below) and all related documentation. The ImagineCare Services are licensed, and not sold, to you.
By downloading/installing or using the Application, you confirm that you: (a) have read and understood this Agreement; (b) is 18 years old or older; and (c) agree to the contents of this Agreement and that its contents are binding on you. If you do not agree to these terms, you must not download, install or use the Application and must delete it from your mobile device.
The ImagineCare services (the “Services”) include a cloud-based application and service platform that enhances the management of personalized care based on information provided by the End User through input or via the wireless medical sensing devices used or worn by the consumer. The services are intended to enhance the regular services you receive from your health care provider by providing a clearer picture of your overall health and state of health and also enable measures deemed medically appropriate by your health care provider to be initiated earlier than would otherwise be possible.
The service does not replace the services of any of your existing healthcare providers or other providers, and your receiving of the services does not create a patient-caregiver relationship between you and the Company or the Company’s subsidiaries. The services are not intended to diagnose disease or other conditions or to cure, mitigate, treat or prevent disease. Always seek the advice of your doctor or other qualified healthcare professional with questions regarding your health or medical condition. If at any time you believe you are in need of emergency care, call 112 immediately. You should never disregard medical advice or delay seeking medical advice because of your use of the ImagineCare Services.
1. Definitions “Company” means Imaginecare AB, 559081-8356.
“Customer” means the person, business entity or entity that has purchased a license on your behalf as described in Section 2.
“De-identified” means data that has been processed to remove, hide, encrypt, anonymize or aggregate identifying information so that such information cannot, with reasonable effort, be traced back to you.
“End User Data” means data that you have entered or uploaded to the ImagineCare Services.
“ImagineCare” means the software, platform and websites that you can access through the Application and your account that are provided and maintained by or on behalf of the Company.
“Application” means the downloadable software that the Company offers and through which your account with the Company is made available.
“Mobile Device” means a smartphone, a tablet or other mobile computing device on which the Application can be installed or is installed.
“Services” means a web-based software platform with interactive tools for recording health parameters and symptoms, checking adherence to medication use and treatment in general and the ability to follow other health-related issues reported by End Users, and support provided by your healthcare provider.
“Company Data” means all information, including but not limited to data, analyses, measurements, reports, trends and metrics, generated, derived, based on or related to End User Data.
“Website” means the website available at www.imaginecare.com or through the Application.
2. Grant of license The Company provides the Services to you as an End User and your caregiver through the Application. Subject to your compliance with the terms of this Agreement, the Company grants you a personal, limited, terminable, non-exclusive, non-transferable license to;
download, install and use the Application for your personal, non-commercial purpose on your Mobile Device in accordance with the Application documentation; and access to use the Services available through the Application on the Mobile Device in accordance with this Agreement.
3. Limitations in the License You may not:
copy the Application; modify, translate, adapt or otherwise prepare derivative works or improvements to the Application; disassemble, decompile, decode, so-called reverse engineer or otherwise attempt to derive or gain access to the source code of the Application, the Services or any part thereof; remove, delete, alter or obscure any trademarks or copyrights, patents or other intellectual property rights from the Application or the Services; rent, loan, sell, sublicense, assign, distribute, publish or display, transfer or otherwise make available the Application, the Services or any other feature or functionality of the Application or the Services to any third party, including by making the Application or the Services available on a network where it can be accessed by more than one device; remove, disable, or otherwise circumvent in any way the copy protection, rights management system (DRM system) or security features in or that protect the Application; or, upload or introduce viruses, trojans, worms, spyware, time-bombs or other harmful components to the Services. You are responsible for keeping login details (username and password) confidential and not sharing them with unauthorized users. If you disclose your login details to anyone, you are responsible for the use, disclosures, additions, deletions and changes of your End User Data.
4. Reservation of rights You agree that the Application is provided under license and that it has not been sold to you. You do not acquire any ownership interest in the Application under this Agreement or any rights to the Application other than a right to use the Application in accordance with the license granted subject to all terms and limitations under this Agreement. The Company and its licensors and service providers each reserve all of their rights to the Application and the Services. All rights not expressly granted in this Agreement are reserved by the Company. The company owns all rights to functionality, features, modification or adaptation of the Application.
5. Collection and use of your information You acknowledge that when you download, install or use the Application, the Company may
automatically (including through, for example, cookies and web beacons) collect information about your Mobile Device and about you or your use of the Application (which is included in the definition of End User Data). You may also be required to provide certain information about yourself as a condition of downloading, installing or using the Application or some of its features or functionality. You acknowledge that you will provide truthful, accurate, current and complete information about yourself, your current medical information and health care providers and that you will notify the Company of any changes to such information as necessary. Providing information that is untrue, inaccurate or incomplete is a violation of the terms of this Agreement. The application allows you to share information about yourself with others, including a designated caregiver. All information the Company collects through or in connection with this Application and your use of it is subject to ImagineCare’s Privacy Policy, which is available at info.imaginecare.com/privacy and may be updated from time to time (“Privacy Policy”). By downloading, installing, using and providing information to or through this Application, you consent to all use and actions we take with your information in accordance with the Personal Data Policy.
6. Ownership and Use of Data All ownership rights in and to the Application shall remain exclusively with the Company and its licensors, in each case. This Agreement does not grant any implied license or right not expressly granted in this Agreement.
End User Data In connection with the provision of the Application, the Company may collect and store End User Data provided by you. You own all End User Data. The company must ensure that End User data that is personal is stored confidentially, in accordance with the Personal Data Policy. All third parties approved by the Company that have access to End User Data shall be bound by confidentiality and store End User Data confidentially in accordance with the Personal Data Policy. You hereby approve and grant the Company the right to process your End User Data which is personal data in accordance with the Personal Data Policy. Company data. All Company data, which is not to be considered as personal data under the Personal Data Act (1998:204), is the Company’s property and the Company has the right to use, collect, store, create, aggregate, analyze, change, commercialize, assign, convey, sell, or transfer Company data in any form, for any purpose and by any means. All Company data that is to be considered as personal data is subject to the reservations and limitations stated in the Company’s Personal Data Policy and other commercial agreements to which the Company is a party. Data collected if you connect measuring devices to the mobile application Data that arises when you use connected measuring devices yourself and connect these to the application will be stored in your secure ImagineCare account. This information is voluntary and is used so that you can get an overview of your health values. This data will also be automatically analyzed with our algorithms together with other information that you have entered to be able to predict deteriorations in your health condition and provide you with preventive support in your self-care. What data is collected depends on which measuring devices you connect, but it may include data about:
7. Geographical Restrictions The application and access to the Company’s services are provided only to persons in Sweden. You agree that you will not be able to access all or some of the Services outside of Sweden and that access to the Services by certain persons or in certain countries may be illegal. If you use the Services outside of Sweden, you are responsible for complying with local legislation.
8. Updates The Company may choose to develop and provide updates to the Application that may include upgrades, bug fixes and other bug fixes and/or new features (collectively, including related documentation, “Updates”). Updates may also change or remove certain functionality and/or certain features in their entirety. You agree that the Company has no obligation to provide Updates or continue to provide or activate particular functions or certain functionality in the Application. Based on your Mobile Device settings, when the Mobile Device is connected to the Internet, it will either:
automatically download and install all available updates; or notify you of available updates or prompt you to download and install available updates. In order to take full advantage of the Program, you must immediately download and install all Updates. You acknowledge that the Application or parts of the Application may not function properly if you do not download the latest Updates. You further agree that all Updates shall be considered part of the Application and subject to all terms of this Agreement.
9. Third Party Materials The Application may display, include or make available third-party material (including data, information, applications and other products and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You accept that the Company is not responsible for Third Party Material, including in terms of its completeness, timeliness, validity, compliance with copyright, legality, quality or otherwise. The Company has no responsibility for Third Party Materials towards you or any other person. Third Party Materials and links to them are provided solely as a service to you and you access and use them entirely at your own risk and subject to the terms of the third parties.
10. Contract period and termination The Agreement begins when you download/install the Program or confirm acceptance of the Agreement, and will remain in effect until terminated by you or the Company in the manner set forth in the Agreement. You can terminate the Agreement by contacting us via e-mail, telephone or post according to the contact information in the Personal Data Policy or on the company’s website and request that We close your account. If you close your account, we will no longer use your information and will not share it with third parties. The Company may terminate this Agreement at any time without notice if the Company ceases to support the Application in general. The Company In addition, the Company may immediately terminate this Agreement with or without notice if you materially breach any of the terms of the Agreement. Termination will not limit any of the Company’s rights or access to legal remedies. Upon termination: all your rights under this Agreement will cease; you must cease all use of the Application and delete all copies of the Application from your Mobile Device; your access to the Company’s services, your account and your End User Data will cease.
11. Disclaimer of Warranties The Company is not responsible for content that you submit, upload, create or make available via the Application.
12. Limitation of Liability To the extent permitted by law, the Company disclaims responsibility for the following:
The Company does not guarantee uninterrupted and secure access to the Application, the Services, or related services. The use of the Application may be affected by factors beyond the Company’s
control. The Company is not responsible for interruptions, deletion of files or e-mails, errors, defects, viruses, delays in operations or transmission or failed performances if the Company can demonstrate that there is force majeure, meaning that the error was caused by an obstacle beyond the Company’s control.
13. Applicable law This Agreement is governed by and interpreted in accordance with the laws of Sweden without regard to choice of law rules.
14. Messages You agree that the Company may send personal data, messages, information, reports, documents, communications or other records regarding the Services (collectively “Messages”) to you in electronic form. The Company may send you electronic messages (i) to the email address you provide to the Company during registration, or (ii) by sending the message on the Application or otherwise via the Website. The delivery of a message from the Company is delivered when it is sent by the Company, regardless of whether you read the message when you receive it or whether you actually receive the delivery. You may withdraw your consent to receive communications electronically by suspending or discontinuing your use of the Services.
15. Full agreement This agreement constitutes the entire agreement between you and the Company regarding the Application and use of the Services and supersedes all prior or current agreements and contracts, both written and oral. Your or the Company’s failure to apply conditions according to the agreement shall not imply a waiver of any right according to the agreement, and the failure shall also not result in the party losing the right to later invoke the application of the current condition or another condition in the agreement. If any provision of this Agreement is invalid or unenforceable, the remainder of the provision shall be modified to achieve a result as close as possible to the original term. Other provisions of this Agreement shall continue to be fully applicable.