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 alleviate 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 the Personnel using the Service. By connecting or using the Service, Personnel accept these Terms and Conditions. By accepting these Terms and Conditions, Personnel also confirm 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 person using the Vitala app.
● "Healthcare Provider" refers to an individual person, private or public
company, such as a healthcare facility, insurance company, or region,
that has joined the Service to offer Vitala to Users.
● "Personnel" refers to the individual authorized by a Healthcare Provider
through the web interface to create a User account.
● "User account" refers to the account that Personnel register in order to
use the Service.
● "Vitala" refers to Aasa Health AB, company registration number 559116-
7936.● "Program" refers to the training 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 alleviate pain. The Service is accessible to the User
via the App Store and Google Play.
● "Application" refers to the mobile application from which the Service is
available 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 Personnel through the web interface. Registration requires Personnel to accept these Terms and Conditions. By logging into Vitala\s web interface and accepting these terms, Personnel enters into an agreement with Vitala regarding the use of the Service.
5.2 Personnel is obligated to protect the login credentials for their User account and must not disclose their login information to anyone else or allow anyone else to use their User account. Personnel should immediately notify Vitala if they have reason to believe that someone else has gained access to their User account.
5.3 The agreement and these Terms and Conditions apply as long as Personnel has an active User account. The User account remains active until the day when (i) Personnel deregisters, (ii) Vitala deactivates Personnel from the Service, or (iii) the Service is otherwise discontinued by Vitala.
6. Use of the Service
6.1 By registering, Personnel receive a non-exclusive, non-transferable, and fully revocable right to access and use the Service in accordance with these Terms and Conditions. Personnel are always obligated to follow the instructions provided by Vitala for the use of the Service.
6.2 Personnel guarantees that the Service will not be used in a manner or for purposes that violate applicable laws or these Terms and Conditions. Personnel is responsible for all activity that occurs within their User account. Vitala assumes no responsibility for unauthorized access to the User account resulting from Personnel's negligence.
6.3 In accordance with applicable legislation, Personnel is personally responsible for all materials and content generated by Personnel. Personnel is also responsible for ensuring that all materials, except for those provided by Vitala, made available by Personnel through the Service do not infringe upon third-party rights, violate applicable laws, or otherwise pose a risk of harm to third parties. Personnel shall indemnify and hold Vitala harmless in the event that Personnel's use of the Service results in liability for damages to Vitala in relation to third parties or other Personnel.
6.4 Personnel must comply with the security regulations provided by Vitala
regarding the Service. Vitala has the right to change the applicable security
regulations at any time, and they will take effect immediately upon being published in the Service. It is Personnel's responsibility to stay updated on the
current security regulations.
6.5 In the event of misuse of the Service, Personnel is obligated to compensate Vitala for any damages incurred as a result of the misuse. Furthermore, Personnel shall compensate Vitala for any damages arising fromPersonnel'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 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 it deems appropriate. Vitala also has the right to make changes, of any kind, to the Service or the way the Service is provided without prior notice.
7.3 Vitala has the right to take actions that may affect access to the Service if necessary, considering technical, maintenance, or security reasons, among others.
7.4 Vitala has the right to deactivate Personnel from the Service at any time if, in Vitala's own judgment, Personnel is suspected of violating the rules applicable to the use of the Service or these Terms and Conditions, if there is reason to believe that an unauthorized person has gained access to the User account, if it is being misused, or if it causes harm to Vitala, Users, or any other person.
7.5 In addition to the above, Vitala has the right to terminate, conclude, or
remove the whole 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 Personnel, at any time. Vitala shall not be liable for any
damages, direct or indirect, arising from changes, modifications, terminations,
limitations of the Service, or the removal of content or material in 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. Personnel do 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 Personnel. 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 interpreted as transferring any of these rights, in whole or in part, to Personnel.
8.2 Personnel does not have the right to copy, reproduce, sell, license, distribute, modify, decompile, or make any changes to the Service. Personnel is also not allowed to make the Service, or 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 beyond the control and responsibility of Vitala. Vitala is not responsible for the content of third-party websites and shall not be liable for any damages arising from the use of services found on third-party websites.
9.2 Vitala encourages Personnel 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 Personnel's own risk.
10. Handling of Personal Data and Cookies
For information on how Personnel'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 Personnel do not pay any membership fees for the use of the Service. Instead, 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, Personnel will lose access to the Service.
12. Vitala’s Responsibility
12.1 Vitala does not provide any guarantees that the User's 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 should be provided in physical presence. Users are responsible for independently seeking medical care or contacting healthcare professionals in case of illness or injury. Furthermore, the Service is not intended for the treatment of acute injuries or illnesses.
12.3 Vitala encourages Users to seek immediate medical attention from the nearest hospital or healthcare provider in case 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), are not applicable to the extent that the use of the Service involves self-care. All self-care is performed at the User's own risk.
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, fire, power outages, strikes, war, mobilization or military call-up on a larger scale, requisition, seizure, government regulations, government actions, new or amended legislation, labor market conflicts, and equivalent circumstances.
14. Communication and Contact Information
Personnel accepts that all communication from Vitala, including but not limitedto messages and other information related to the Service, may be conducted electronically.
Personnel has 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. Notifications
Vitala has the right to send messages/push notifications to Personnel through the Service. Such messages shall be deemed received by Personnel when Vitala makes the message available to Personnel in the Service.
16. Modification of Terms and Conditions
Vitala reserves the right to amend or add to these Terms and Conditions at any time. Any changes will take effect no later than seven (7) days after the modification has been published on the website or application, or after Personnel has otherwise been notified of the changes. Personnel will be deemed to have accepted the new terms if they continue to use the Service after the expiration 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.
