1. Background
1.1 Aasa Health AB is a CE-certified company that provides cloud-based services for medical exercise. The services consist of a web interface for healthcare providers and an app for the patient. The service can also help reduce certain types of pain and discomfort.
1.2 Aasa Health AB primarily targets private and public healthcare providers to facilitate the prescription and monitoring of diagnosis-specific exercise. Aasa Health AB also caters to pharmaceutical companies and insurance companies that wish to offer this service to their customers.
2. General and Definitions
These Terms and Conditions apply between Aasa Health AB and each User of the Service. By accessing or using the Service, the User agrees to these Terms and Conditions. By accepting these Terms and Conditions, the User also confirms that they have read and understood the information contained in these Terms and Conditions.
Definitions:
● "Terms and Conditions" refer to these general terms and conditions.
● "User" refers to the individual who uses the Vitala app.
● "Healthcare Provider" refers to an individual, private or public company
such as healthcare facility, insurance company, or region that has joined
the Service to offer Users Vitala.● "Account" refers to the user account that the User registers to access
and use the Service.
● "Vitala" refers to Aasa Health AB, company registration number 559116-
7936.
● "Program" refers to the exercise programs that the User receives in
connection with the use of Vitala.
● "Service" refers to Vitala's digital software platform through which the
User can train and reduce pain symptoms. The Service is provided by
Vitala through the Application.
● "Application" refers to the mobile application from which the Service is
accessible to the User.
3. Overview of the Service
Vitala is CE-marked as a medical device (MDR Class 1), and the service consists of a web interface for healthcare providers and a mobile application for the patient. In the web interface, healthcare providers can prescribe and monitor diagnosis-specific medical exercise. In the app, the patient follows their prescription with daily exercise programs tailored to their medical diagnoses, functional abilities, musculoskeletal pains, and daily form. The patient can choose the duration and intensity of each exercise session themselves.
4. Overview of the Program
The program, developed by Vitala, is based on evidence-based research on
physical activity for various diagnoses, as well as extensive experience in
exercise for medical conditions. The program also incorporates knowledge of
movement patterns and movement analysis. The exercise program is tailored
to the patient's conditions as specified by the healthcare provider in the web
interface. These conditions include the patient's medical diagnoses,
musculoskeletal pain, and functional abilities. The Program is fully automated,
which means that the healthcare provider does not need to create any
exercise routines themselves. The exercises are generated automatically
based on the information entered by the healthcare provider in the web interface. All exercises are safe for patients and include verbal, written, and
video instructions.
5. Registration, etc.
5.1 The service is accessible to the User through the App Store and Google Play. Registration requires the User to accept these Terms and Conditions. By logging into Vitala and accepting these terms, the User enters into an agreement with Vitala regarding the use of the service.
5.2 Upon registration, the User guarantees that they have the capacity to enter into binding agreements. Vitala has the right to unilaterally refuse registration at any time and also to change the criteria for registering an Account.
5.3 The User uses their personal BankID for login.
5.4 The User has the option to unsubscribe at any time by contacting Vitala or the responsible healthcare provider.
5.5 The agreement and these Terms and Conditions apply as long as the User has an active Account. The Account remains active until the day when (i)the User unsubscribes as a User, (ii) Vitala disables the User from the service, or (iii) the service is otherwise shut down by Vitala.
6. Use of the Service
6.1 By registering as a user, the User receives a non-exclusive, non-transferable, and fully revocable right to access and use the Service in accordance with these Terms and Conditions. The User is always obligated to follow the instructions provided by Vitala for the use of the Service.
6.2 The User guarantees that the Service will not be used in a manner or for purposes that violate applicable laws or these Terms and Conditions. The User is responsible for all activity that occurs within their Account. Vitala assumes no responsibility for unauthorized access to the Account resulting from the User's negligence.
6.3 In accordance with applicable law, the User is personally responsible for all material and content generated by the User. The User is also responsible for ensuring that all material, except for material provided by Vitala, made available by the User through the Service does not infringe upon third-party rights, violate applicable laws, or otherwise risk harm to third parties. The User shall indemnify Vitala in the event that the User's use of the Service results in liability for damages to third parties or other Users.
6.4 The User must comply with the security regulations specified by Vitala regarding the Service. Vitala has the right to change the applicable security regulations at any time, and such changes shall take effect immediately upon being published in the Service. It is the User's responsibility to stay updated on the current security regulations.
6.5 In the event of misuse of the Service, the User is liable to compensate Vitala for any damage caused as a result of the misuse. Furthermore, the User shall compensate Vitala for any damage arising from the User's use of the Service in violation of applicable laws or these Terms and Conditions.
7. Changes, Updates, Limited Access to the Service, etc.
7.1 Vitala does not guarantee continuous, uninterrupted, or secure access to
the Service. The Service may be disrupted or affected at any time by factors beyond Vitala's control. Vitala does not provide any warranties regarding the
functionality or availability of the Service.
7.2 Vitala has the right to implement updates and new versions of the Service at any time as deemed appropriate by Vitala. Furthermore, Vitala has the right to make changes, of any kind, to the Service or the manner in which the Service is provided without prior notice.
7.3 Vitala has the right to take measures that may affect access to the Service if necessary due to technical, maintenance, or security reasons, among others.
7.4 Vitala has the right to suspend the User from the Service at any time if, in Vitala's sole discretion, the User is suspected of violating the rules governing the use of the Service or these Terms and Conditions, or if the User otherwise causes harm to Vitala, another user, or any other person.
7.5 In addition to the above, Vitala has the right to terminate, discontinue, or remove all or parts of the Service, including but not limited to specific features or content in the Service, as well as any material made available in the Service by the User, at any time. Vitala is not responsible for any damages, direct or indirect, arising from changes, modifications, terminations, or limitations to the Service, or the removal of content or material from the Service in any respect.
8. Intellectual Property Rights
8.1 Vitala owns all rights, including intellectual property rights, to the Service,
including but not limited to software and design, as well as all materials and
content generated in the Service. The User does not acquire any intellectual
property rights to the Service or any of the materials created in the Service. All
such materials belong to Vitala, including materials made available by the
User. This means that Vitala remains the owner of all its intellectual property rights and trademarks, including copyrights, design rights, trademarks, and
other registered and unregistered rights. Nothing in the agreement shall be
construed as transferring any of these rights, in whole or in part, to the User.
8.2 The User does not have the right to copy, reproduce, sell, license, distribute, modify, decompile, or otherwise make changes to the Service, nor to make the Service or any parts of the Service available to others.
9. Third-Party Websites
9.1 The website or application may contain links to third-party websites. Third-party websites are outside of Vitala's control and responsibility. Vitala is not responsible for the content of third-party websites and is also not liable for any damages that may arise from the use of services found on third-party websites.
9.2 Vitala encourages the User and visitors of the website who click on links to third-party websites to review the terms and privacy policies of those sites. Any use of materials, services, or other content found on third-party websites is done at the User's own risk.
10. Handling of Personal Data and Cookies
For information on how the User's personal data is handled and how cookies are collected in connection with the use of the Service, please refer to Vitala's
privacy policy.
11. Payment
11.1 The User does not pay any membership fee for using the Service, as the healthcare provider is responsible for the costs agreed upon in the contract between the healthcare provider and Vitala.
11.2 If the contract between Vitala and the healthcare provider is terminated, the User may lose access to the Service.
12. Vitala’s Responsibility
12.1 Vitala does not provide any guarantees that the User's existing illnesses or conditions will be cured or otherwise improved through the use of the Service.
12.2 The Service is not intended to replace the medical care or treatment that takes place, or should take place, in physical presence. The User is solely responsible for seeking medical care or otherwise contacting healthcare professionals in the event of illness or injury. Furthermore, the Service is not intended for the treatment of acute injuries or illnesses.
12.3 Vitala encourages the User to seek immediate contact with the nearest hospital or healthcare provider in the event of acute illness or injury.
12.4 Self-care does not constitute healthcare. This means that healthcare legislation, such as the Health and Medical Services Act (2017:30), the Patient Act (2014:821), and the Patient Safety Act (2010:659), do not apply to the extent that the use of the Service constitutes self-care. All self-care is performed at the User's own risk.
12.5 Unless otherwise indicated by the circumstances, Vitala is not obliged to provide compensation for, among other things, but not exclusively, loss of income, loss of data, or any other direct or indirect damages and costs of any kind that directly or indirectly result from the User's use of the Service, the material contained in the Service, or other users' use of the Service. Therefore, the limitation of liability also applies to the User's potential liability towards third parties.
13. Force majeure
Vitala is always exempt from liability for breaches of the agreement caused by events beyond the control of the party, such as lightning strikes, fires, power outages, strikes, war, mobilization or major military conscription, requisition, seizure, government regulations, governmental action, new or amended legislation, labor market conflicts, and equivalent circumstances.
14. Communication and Contact Information
The user accepts that all communication from Vitala, including but not limited to messages and other information regarding the Service, may be conducted electronically
Users have the opportunity to contact Vitala using the following information:
Address: Aasa Health AB, Pilgatan 10, 903 31 Umeå
Email: support@vitala.health
Telephone: 070 – 454 78 85
15. Messages
Vitala has the right to send messages/push notifications to the user through the Service. Such message shall be considered received by the user when Vitala makes the message available to the user in the Service.
16. Amendment of Terms
Vitala reserves the right to change or add to these Terms and Conditions at any time. Any changes shall come into effect no later than seven (7) days after the change has been published on the Website or Application or the user has otherwise become aware of the change. The user shall be deemed to have accepted the new terms if they continue to use the Service after the expiry of these seven (7) days.
17. Applicable Law and Dispute Resolution
These Terms and Conditions shall be governed by Swedish law. Disputes arising from the agreement shall be resolved in a general court of law, with Umeå District Court as the first instance.
