Terms of Use

Table of contents

  1. Introduction
  2. User Registration
  3. User’s Responsibility
  4. User’s Rights
  5. MediTuner’s Responsibility
  6. Intellectual Property
  7. Termination
  8. Changes and Transfers
  9. Disputes and Applicable Law

1. Introduction

1.1 These Terms and Conditions apply between MediTuner AB, org. 556982-8295 (“MediTuner” or “we“), and each person who registers as a user of MediTuner’s AsthmaTuner service (the “User“).

1.2 AsthmaTuner is a patented digital self-care and support system that provides people with asthma individually tailored treatment recommendations. It connects patients with healthcare professionals ti support improved self-care and clinical follow-up through an application that is downloaded to the User’s smart phone (the “Application“) and through a spirometer that connects to the smart phone to measure lung function (hereinafter referred to as the “Service“).

1.3 “User Account” means the account provided to the User for access to the Service. The User may choose to give the User’s healthcare provider access to the information that the User records in the User Account. The User may also, through the User Account, authorize their Healthcare Provider to create or update a treatment plan as part of the Service.

1.4 The Terms and Conditions apply to the User’s User Account, the Service and related services provided by MediTuner through the iOS and Android applications and the AsthmaTuner website (www.medituner.com).

1.5 A prerequisite for delivery of the Service is (i) that the User has a smart phone that supports the Service and (ii) that the User accepts the current version of MediTuner’s Terms and Conditions when logging in for the first time. If the User does not accept the Terms and Conditions or MediTuner is not provided with for the Service necessary information, MediTuner is not required to provide the Service.

2. User Registration

2.1 To use the Service, the User must download the Application, verify their identity directly within it, and create a User account. By such registration, the User accepts these Terms and Conditions.

2.2 In order to register for the Service, the User must have his or her own phone number and a registration may only be for personal use. A legal guardian may use the Service on behalf of a child by creating an account for the child. The same Terms and Conditions apply to accounts created for children.

3. User’s Responsibility

3.1 The User agrees to:

  1. not use the Service for any purpose other than personal self-care or asthma care and only in cases where the User is authorized according to “User Registration” above;
  2. immediately notify MediTuner via support@medituner.com if the User suspects that another person has gained access to the User’s two-factor authentication or otherwise to the User’s login to MediTuner;
  3. promptly report any interruptions or errors in the Service’s availability to MediTuner’s customer service without delay via support@medituner.com;
  4. provide correct information during User registration and keep the User Account information up-to-date with any changes in for example name, address, telephone number, e-mail address, etc.;
  5. not distribute or otherwise transfer any data or information that:
    • (i) the User has no right to disseminate under law or contract;
    • (ii) infringes, contributes to infringements, or encourages others to infringe on intellectual property or corporate secrets;
    • (iii) contains viruses, Trojans, Internet worms, other malicious software or malware, or which may otherwise damage or adversely affect the Service, or
    • (iv) otherwise cause harm or other inconvenience to MediTuner or any third party.

4. User’s Rights

4.1 The User has the right to terminate the Service at any time without reason by deregistering the User.

4.2 If the User as a consumer has complaints about how the Terms and Conditions are treated and we do not agree, the User can contact the General Complaints Board, Box 174, 101 23 Stockholm, www.arn.se. We follow ARN’s recommendations. See also the European Commission’s website for alternative dispute resolution regarding consumers’ online purchases.

5. MediTuners’s Responsibility

5.1 It is MediTuner’s responsibility to ensure that the Service meets the regulatory requirements imposed on a medical device product of the current type.

5.2 MediTuner is responsible for the function and quality of the Service and undertakes to provide reasonable technical support to the User.

5.3 MediTuner makes no representations or warranties, including (but not limited to) the warranties or representations of the Service beyond what is expressly stated in the Terms and Conditions.

5.4 MediTuner is not liable for any direct or indirect damages arising from the use or delivery of the Service, except where required by mandatory legislation.

5.5 MediTuner is not responsible for the availability of the Service, technical disruptions or loss of data, unless otherwise required by mandatory applicable legislation. MediTuner is not obliged, except when complying with mandatory legislation, to pay compensation to the User for errors, deficiencies, data loss or other breach of contract by MediTuner.

6. Intellectual Property

6.1 All intellectual property rights to the Service, including, but not limited to, further development or other processing or modification thereof, belong to MediTuner.

6.2 The User undertakes not to make the Service available to anyone other than the User, without the written consent of MediTuner, on the terms stated in the Terms and Conditions.

6.3 The User does not have the right to intervene in the Service or to remove or change any trademark, trade name, copyright notice or other marking when promoting the Service. The User is also not entitled to modify, supplement, decompile or reassemble the Application to reproduce its source code to a greater extent than what is allowed by the Copyright Act.

6.4 The user shall inform MediTuner of any infringement or suspected infringement of MediTuner’s intellectual property rights to the Service without delay. MediTuner has no obligation to defend such rights.

7. Termination

7.1 The Terms and Conditions apply until further notice. MediTuner and the User are entitled to terminate the agreement at any time, MediTuner has a notice period of one (1) month.

7.2 If the User wishes to stop using the Service, they should contact their Healthcare Provider or MediTuner at support@medituner.com to terminate their User account. In the event of such termination, MediTuner shall promptly delete the terminated User Account and remove all of the User’s personal data (unless applicable law requires otherwise), in accordance with the applicable personal data policy.

7.3 Termination of the Terms and Conditions shall not affect any Party’s rights and obligations arising before the date of termination.

7.4 If MediTuner deems that the User abuses the Service, the User may be immediately suspended and MediTuner has the right to immediately terminate the Terms and Conditions. In this case, the User will be notified in writing that such action has been taken.

7.5 MediTuner may at any time, without prior notice to, or approval of, the User, change the design of the Service and its functions, or cease providing the Service.

8. Changes and Transfers

8.1 MediTuner has the right to make changes to these Terms and Conditions, and if so, publish updated Terms at www.medituner.com. MediTuner will inform Users of any changes and, where required, obtain their consent.

8.2 The sale of MediTuner or the transfer of the rights to the goods and the Service, including all related rights and obligations, to third parties may be made without notice to, or approval of, the User.

9. Disputes and Applicable Law

9.1 The Terms and Conditions shall be interpreted and applied in accordance with Swedish law. Disputes arising from Terms and Conditions are settled by the General Court.