Terms of Service – Minnity App
PLEASE READ THESE TERMS CAREFULLY.
BY LOGGING IN AND USING THE MINNITY APP, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE APPLICATION.
- These General Terms and Conditions (the “Terms”) apply when Minnity AB, Organization number 559146-1016 with its registered seat Magnus Ladulåsgatan 1, 118 65 Stockholm, Sweden (“Minnity” or “we”) provides the digital application “Minnity App”.
- The purpose of the App is to provide a tool for elderly care providers, so that their staff can deliver better and more individual-focused care to their customers.
- To use the App, you must be at least 18 years of age and/or otherwise authorized to enter into agreements and agree to be bound by the Terms. For persons under the age of 18, the guardian’s written consent is required.
- The Terms govern all use of the App and its features. By logging in to your account in the App for the first time and using the App, you accept and agree to the Terms. You are responsible for ensuring that the contact information and other information you provide about yourself in the App is accurate and up to date.
- Internet connection is required for the proper use of the application.
- To use the App, your employer or a care organization with which you are connected must create a user account and provide your email address or phone number so that you can connect to it (“User Account”). You gain access to the App and to the Site to activate a User Account in the App through your employment in or other relationship with a company or other organization that has signed an agreement with Minnity. It is up to the organization to take the necessary steps to gain access to the App. In the event that you terminate your employment or relationship with the organization, you have an obligation to terminate your user account or notify your employer or Minnity that you have terminated your employment and that your User Account should be terminated.
- You are required to protect your login credentials with your User Account and you may not disclose your login credentials to anyone else or allow anyone else to use your User Account in the App.
- You must notify Minnity immediately in case you have reason to believe that someone else has accessed your User Account. In that case, we have the right to block access to your User Account if we have reason to believe that an unauthorized person has gained access to your Account or that the User Account is abused.
- Minnity conducts sorting and deletion of inactive User Accounts. In the event that your User Account has been inactive for a period of 12 months or in the event you or your employer notifies us that your employment or connection to the organization has been terminated, Minnity reserves the right to terminate your User Account.
- Respect for private life
- Be aware that transmissions over the Internet are never completely private or secure, and any message or information you send using the application or any service may be read or intercepted by others, even though there is a special notice that states that a particular transmission is encrypted.
- Geolocation. Certain services will use location data based on your device IP address. If you use this App, you consent to our and our affiliates and licensees transmitting, collecting, storing, maintaining, processing and using your location data and your inquiries in order to provide and improve products and services (including our App) based on location and road traffic. You can prevent us from collecting this data at any time by issuing an individual request to the company to stop processing this information.
- You are aware that the App is under development and that its function, content, user interface, design and structure may change during the use of the App.
- In exchange for your acceptance of these Terms, you may access the App on any device with a browser and view, use and display the App on that device only for your business purposes as part of your employment contract or in relation to the activities of the organization, eg. provision of care services.
- You would also have the right to receive and use any free additional software code or any updates to the App incorporating “patches” and error fixes that we may provide to you.
- Your right to use the App is limited to the App’s features and uses as set forth in the App or the instructions for permitted use otherwise provided by Minnity. You may not interfere, circumvent, destroy or otherwise affect the technology behind the App or otherwise act in such a way that the App is overloaded or damaged. It is also not allowed to copy, distribute or publish content provided by Minnity in the App and you may not decompile, modify, perform reverse engineering on the App, reproduce the source code or its functionality, make copies of or create secondary works of the Software, in addition to the law allow.
- You are granted a non-exclusive, limited and revocable license to use the App for its intended purpose, provided you comply with the Terms. Minnity may, at its sole discretion, revoke the license including but not limited to in the event that you breach the Terms or otherwise act in violation of Minnity’s express instructions. In the event that Minnity finds reason to revoke the license, Minnity has the right to suspend your user account without any obligation to provide any compensation to you.
- We give you the personal right to use the App as an employee of your employer (one of our customers) or a person engaged in relation to the activities of the organization, eg. provision of care services. You cannot transfer the App to someone else, whether for money, any other remuneration, or for free. If you sell a device on which the App is accessible, or if you quit your employment, you must withdraw access to the App without delay.
- Using the App may incur additional costs for, for example, data transfer. You or your employer are responsible for these costs in accordance with what is agreed between you and you / your employer is responsible for procuring and providing the hardware and software required to use the App.
- Intellectual property rights etc.
- All copyrights including but not limited to source code, trademarks, any patents, designs and other copyrights in the App that you access in connection with your user license are held by Minnity with exclusive rights, which means that you may not change, copy, translate, reproduce or assign the App with related features.
- Your User License is valid as long as you hold a User Account in the App, in the event your User Account is terminated, you lose the right to use the App with its copyrighted material.
- User Generated Material
- During your use of the App, information that you upload is collected and processed, such as content such as comments, messages, data, text, photographs, and other information (“User Generated Material”).
- You are responsible for the accuracy and legality of such information and therefore you accept and guarantee that you will not upload or distribute User Generated Material through the App that:
(i) is false, misleading, false or incorrect;
(ii) promotes or encourages illegal activity;
(iii) is racist or otherwise abusive to ethnic groups and/or constitutes hate or other agitation against a minority;
(iv) constitutes defamation, pornographic or sexually abusive content;
(v) constitutes an attack on sexual orientation, religion or is otherwise discriminatory;
(vi) is an insult or persecution of a person;
(vii) is in any way harmful, infringing, offensive or illegal or that infringes any third party’s rights (including but not limited to copyright and trademarks), or
(viii) is otherwise inconsistent with our intended purposes of the App.
- Minnity reserves the right to remove User Generated Material that we deem to be in violation of the Terms or which Minnity otherwise considers to be unreasonable, unethical or illegal or may be harmful to us, the App’s users or third parties.
- Rights to User Generated Material
- Ownership of all User Generated Material that you upload in the Service belongs to you, the organization through which you access the App or the third party to whom you have been authorized to upload the material.
- In order to provide the App and for certain other purposes, we must have the right to use your User Generated Material and you therefore grant us a license as below for your User Generated Material. Without this license, we cannot deliver the App.
- You hereby grant us a global, non-exclusive, irrevocable, royalty-free and transferable right to dispose of, process, modify, store, publish, distribute, transmit, encode, copy, present, display and otherwise use User Generated Material to provide the App. The license covers only situations that are necessary to provide the App, for analysis, statistics and research purposes and for us to be able to develop the App and only during this time do we save User Generated Material. To clarify, the license you grant us to your User Generated Material will continue to apply even after your User Account has been terminated or terminated.
- You warrant that you have all necessary rights to display and upload User Generated Material, to use User Generated Material in any other manner, and to grant us a license to User Generated Material as set forth above.
- Due to the nature of the services provided by the organization through which you gain access to the App, you acknowledge and agree that you will treat extremely confidential information when using the App. This information may relate to the business affairs of the organization, its customers and their families, or other employees. This information may also include personal data, including sensitive data (e.g. personal data relating to the health or ethnical origins of a data subject).
- An essential condition is that you keep all information entered or obtained or otherwise processed through the App strictly confidential and secure. You must not reveal or disclose any information contained in the App to any third party, unless you have obtained the express written consent of the person concerned (or the written permission of your employer). You must not save, download, transfer, host or otherwise access this information by means other than through the App. You must not export this information from the App to your own personal device or any other device unless you have the organization’s prior consent to do so – and then only within the limits of the rules imposed by the latter.
- Notwithstanding the above, the organization through which you gain access to the App may require that you back up the content and data used with the App. We recommend that you only save the content and data used in connection with the application in strict accordance with your organization’s policy.
- Compliance with this clause 9 is of the utmost importance. In the event of non-compliance with this clause, you risk being the subject of legal proceedings initiated by Minnity or by any other injured third party (such as beneficiaries or families) or of disciplinary action by the organization.
- Limitation of Liability
- By agreeing to these Terms, you agree that the App is provided in its existing condition and that Minnity makes no warranties as to the App’s function, availability, quality, suitability or accuracy.
- In the event that User Generated Material infringes any third party’s intellectual property, you consent to the immediate removal of the material or to inform us so that we may remove the material and that you hold us harmless for all damages, costs and expenses we incur as a result of such infringement.
- We are liable to you for the foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for any loss or damage you suffer which is the foreseeable result of our breach of these Terms or our lack of reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is obvious that it will occur or if, at the time you accepted these Terms, you and we knew that it could occur.
- We do not exclude or limit in any way our liability to you where it would be illegal to do so. This includes liability for death or personal injury caused by our negligence or that of our employees, agents or contractors, or for fraud or misrepresentation.
- When we are responsible for damage to your property. If defective digital content provided by us damages a device or digital content belonging to you, we will repair the damage or pay you compensation. However, we will not be liable for any damage you may have avoided by following our tips for applying an update that is offered to you free of charge or for damage caused by your not following the login instructions correctly or that you have not implemented the minimum system requirements that we have advised you.
- Limitations of the Application. The Application and our services are provided for general information purposes. They do not offer professional advice that you or your employer should rely on. You should obtain professional or specialist advice before taking or refraining from taking any action based on information obtained from the Application. Although we make reasonable efforts to update the information provided by the Application and our services, we make no representations, warranties or assurances, express or implied, that such information is accurate, complete or current.
- We are not responsible for events beyond our control. If our provision of service or support for the App or our services are delayed by an event beyond our control, we will contact you as soon as possible to notify you and we will take action to minimize the effect of the delay. In this case, we will not be held responsible for any delays caused by the event, but if there is a risk of a significant delay, you can contact your employer so that they can resolve the situation with us directly as part of our contractual relationship.
- Term and termination
- These Terms apply as long as you have a valid User Account and you can cancel your User Account at any time by following the instructions in the App. The limitation of liability under section 10 will continue to apply even after you terminate your User Account.
- Minnity may terminate your User Account under these Terms or in the event that Minnity decides to cease providing the App in whole or in part.
- In the event that Minnity decides to terminate your User Account or in the event Minnity decides to cease providing the App, Minnity shall notify you within a reasonable time and at least two (2) weeks prior. Such information may or may not be provided in the App.
- Changes in the App
- Minnity reserves the right to change the App, its features, design, scope or content. If the change is not of obvious benefit to you as a user, Minnity shall notify you of the changes within a reasonable time before the changes are implemented. In the event you do not accept the changes, you may stop using the App at any time and cancel your User Account.
- We may need to modify these Terms to reflect changes in law or best practices, to address additional features that we introduce, or to reflect the evolution of our App and services.
- We will inform you as soon as possible of any change by notifying you of said change when you next launch the App.
- If you do not agree to the notified changes, you may continue to use the App in accordance with the existing Terms but some new features may not be available, or you would no longer be authorized to continue using the App.
- Minnity has the right to assign your rights and obligations arising from these Terms. You do not have the right to transfer your rights and obligations to a third party.
- As the App is under development, malfunctions may occur and planned and unplanned maintenance work will affect the App’s function. Minnity always tries to notify of any planned disruptions in advance.
- In the event that any provision of the agreement is invalid or unenforceable, the other provisions of the agreement shall remain in full force and effect to the extent permitted by law.
- Technical support and how to contact us in case of technical problem
- Technical support. If you would like to know more about the App or our services, or if you have any problems using them, please contact the organization through which you gain access to the App first. If your problem cannot be solved with it, please contact us.
- To contact us (including for complaints). If you believe that the App or our services are faulty or poorly described, or if you wish to contact us for any other reason, please email our customer service team at firstname.lastname@example.org.
- How we will contact you. If we need to contact you, we will do so by email, SMS or prepaid mail, using the contact details you have provided to us.
- Dispute and applicable law
- Swedish law shall be applicable law on these Terms. Any dispute arising from the Terms shall be tried by the general court in Stockholm, Sweden.
For contact information, questions about these Terms or the App or other types of questions you can always contact:
Company registration no. SE559146101601
Magnus Ladulåsgatan 1
118 65 Stockholm
team@minnity, 0046 73 890 71 72