Terms and conditions – Otovent® app
1. General
1.1 – These terms and conditions of use (the ”Terms”) shall be applicable for the Otovent application “Otovent” (the “Service”) provided by the Swedish company Circius Pharma AB, reg. no. 559231-3927, (the “Supplier”).
1.2 – Anyone that at any time accesses and uses the Service constitutes a “User” in accordance with these Terms. If the User of the Service is under the age of 18, the legal guardian shall instead become User in relation to the Supplier. When a User onboards the Service, the User undertakes to only use the Service in accordance with these Terms.
1.3 – The Supplier and the User are below referred to separately as a “Party” and collectively as the “Parties”.
2. Use of the service
2.1 – The Service is an application which provides instructions on how to use the medical product Otovent.
2.2 – If the Service is to be used by a child, Circius Pharma offers instructions specially designed for children in the form of a mobile game. Please note that children’s use of the Service must always take place in the company of and under supervision of an adult to ensure safe and proper use of the Service.
2.3 – The User shall provide the device for and any other equipment necessary for access to the Service and is responsible for all costs associated therewith. The User accepts that the functionality of the Service may be affected by changes in the operating system of the User’s device.
2.4 – The Supplier will inform the User of any new available updates to the Service. It is the User’s responsibility to continuously install such updates to the Service to ensure that it works in the best possible way.
2.5 – The User may not copy, modify, distribute or otherwise interfere with the software or other components included in the Services.
2.6 – The User may only use the Service for its intended purpose, i.e. to receive instructions on how to use the medical product Otovent.
2.7 – The User confirms and understands that the Supplier is not responsible for any medical assessment directly or indirectly based on functionality in the Service. The Service solely constitutes a tool to facilitate the User’s use of Otovent. 2
3. Supplier’s undertakings
3.1 – The Supplier shall provide the Service in a professional manner and in accordance with these Terms.
3.2 – The Supplier may engage sub-contractors for the fulfilment of the Service. The Supplier is responsible for the sub-contractor’s work as if the work was performed by the Supplier itself.
4. Support
If the User needs support regarding the Service, the User may turn to the Supplier on the following e-mail address: info@circiuspharma.com.
5. Changes to and termination of the service
5.1 – The Supplier may, without prior notice to the User, make changes to the Service or how the Service is provided. The Supplier has the right to introduce updates or new versions of the Service within the scope of its maintenance, and to the extent the Supplier finds this suitable for the Service. The Supplier may, even if it would cause inconvenience for the User, impose updates in the Service to protect the Service and for other security reasons.
5.2 – The Supplier has the right to suspend the User at any time from the Service if the Service is used in violation with these Terms or applicable law.
5.3 – The Supplier has a right to terminate the Service, wholly or partly, temporarily or permanently, at its own discretion, including but not limited to if the continuance of the Service is not commercially viable or if legal regulations so require.
6. Personal data, feedback etc.
6.1 – When you use the Service, we collect and process your personal data. However, we are not able to directly identify you as a User since your user-ID is subject to data pseudonymization. We will process your personal data in accordance with applicable law, including the GDPR. See more about our processing of your personal data in our Privacy Policy, available here Privacy Policy – Otovent.
6.2 – When using the Service, you will have the option to share certain data with us for feedback purposes. Such data is always anonymous.
7. Intellectual property rights
The Supplier and/or the Supplier’s licensors holds all rights, including intellectual property rights, to the Service and the software contained therein. 3
8. Defects in the service
The Supplier makes no guarantees regarding the availability of the Service. The Supplier has the right to remedy any defects in the Service within the scope of its maintenance, or alternatively by providing a new version of the Service.
9. Amendments to the terms
9.1 – Circius Pharma reserves the right to adjust and update these Terms at any time. You will be notified of all updates carried out via the Service. If you do not consent to the changes, you can stop using the Service and delete the application.
9.2 – The changes apply either from the time you accept the new terms (by continuing your use of the Service), or 30 days after we have informed you about the changes via the Service. Circius Pharma recommends you stay updated regarding any possible changes by visiting the Service regularly.
10. Links to other websites
The Service may contain links to other websites that are outside of our control. We are not responsible for the privacy practices or the content of these websites but provide the links to make it easier for our Users to find more information within specific areas.
11. Disputes
11.1 – These Terms shall be governed by Swedish material law.
11.2 – The User always has the right to turn to Sweden’s National Board for Consumer Disputes (the “NBCD”), to have a possible dispute tried. However, the decision of the NBCD is not binding and only constitutes a recommendation. More information about the NBCD and contact information can be found at www.arn.se. The user can also turn to the EU’s online platform for help in resolving any disputes. The EU’s online platform is accessible through the following link: http://ec.europa.eu/odr.
11.3 – Disputes arising as a result of the Terms shall be decided by Swedish general courts with Gothenburg district court as the first instance.
11.4 – If the authorized court finds that one or several clauses in these Terms are invalid or unenforceable, such clause shall, to the extent permitted by law, be amended and the other clauses shall be deemed valid and enforceable.
12. Contact us
If you have any questions about these Terms, you can contact us by sending us an e-mail to: info@circiuspharma.com.