Användarvillkor för IQoro-appen
1. INTRODUCTION
Contracting parties: These terms of use (”Terms”) apply between the Swedish company: MYoroface AB, with company registration number: 556902-6791 (hereinafter referred to as ”the Supplier” and ”we” or ”us”) and the individual (hereinafter referred to as ”User” and ”you”) who uses the application: IQoro-app (hereinafter referred to as the ”Application”). The Supplier and the User are hereinafter collectively referred to as the ”Parties” and separately as the ”Party”.
IQoro: IQoro is a neuromuscular training device that utilizes the body’s own natural systems to strengthen the muscles from the mouth, upper airways, esophagus, down to the stomach (“IQoro”). IQoro treatment is the result of evidence-based scientific research. The Application is intended to help Users with their IQoro-training.
Approval of the Terms: By registering a User Account in the Application, you accept the applicable Terms and enter into an agreement with us.
2. DEFINITIONS
The following definitions have the following meanings in these Terms:
Website: refers to iqoro.com, owned by the Supplier.
Application: refers to the application ”IQoro-app” for iOS and Android.
User: refers to individuals who use the Application.
User Account: refers to an identity in the Application that identifies a User and gives the User access to the Application’ features.
Data: refers to all data that is registered by Users, or that is generated or derived from Application, or otherwise created through Users’ use of the Application.
Third-party: refers to any legal or natural person, other than the User or the Supplier.
GDPR: refers to regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).
3. THE APPLICATION
General: The purpose of the Application is to function as a digital logbook, where you can, among other things, log your completed IQoro-training sessions, do a self-test, daily symptom check and see the development of your results over time. Through the Application, you can also set up automatic reminders regarding your IQoro-training and receive guidance before each IQoro-training session. The Application or the Supplier is not considered a personal trainer or similar. The Application is intended for individuals over 18 years of age.
Equipment: You are responsible for possessing the equipment, Internet connection and software required for the use of the Application. Standard rates for data traffic may apply when using the Application.
Login Information: Your e-mail address that you register when creating a User Account, must be correct. Login to the Application is made through the registered e-mail address and the verification code sent to the e-mail address. You shall handle login information to the Application with confidentiality. If you detect a breach in your e-mail account, you shall immediately change the password to your e-mail account.
The Users health: You are responsible for your own health and that your state of health is such that IQoro-training can take place without risk of injury or ill health. The information presented in the Application is not intended as medical advice or as a substitute for medical advice.
The Users responsibility You are responsible for learning and ensuring that you use correct and safe technique during the IQoro-training, in accordance with the instructions provided in the Application in both text and video format. You perform the IQoro-training at your own risk and of your own free will.
Electronic communication: You hereby agree that communication by the Supplier related to the Application may take place electronically by e-mail and through the Application.
Data: You agree that we have the right to use all Data registered in, generated or derived from the Application for analysis and statistical purposes. We have the right to anonymize all Data registered in, generated or derived from the Application and all ownership of anonymized Data accrues to us, and we have the right to use and store anonymized Data without any time limit.
Terminate User Account: You may at any time choose to terminate your User Account by sending such a request to us by written notice to the following e-mail: info@iqoro.com.
Warranties: You hereby warrant:
- to use the Application in accordance with the applicable Terms,
- to use the Application only with the IQoro-product and no other products,
- not to use the Application contrary to its purpose or in any way that causes us or Third-party damage,
- not to make a copy of the Application (neither by yourself or through Third-parties),
- not to decompile or otherwise attempt to ascertain the function of the software or ”hack” the software, introduce trojan horses, viruses or other unwanted or malicious code in the software.
Violation of the Terms of Use: In the event of violation of the applicable Terms, law or other improper use of the Application, we reserve the right to terminate your User Account with immediate effect, without compensation, refund or other consequence to our detriment. We also reserve the right to file a lawsuit in the event of a breach of contract.
4. SUPPORT AND MAINTENANCE
Updates: You agree that we from time to time may release an updated version of the Application. You must install the latest version of the Application. The Terms in force at the time also apply to the updates, new functions launched in the Application or similar.
Maintenance: We are responsible for technical support and maintenance of the Application. We strive for the Application to be available for use around the clock during all days of the year. However, there may be technical complications and disturbances. We have the right to take measures that affect the availability of the Application, or to suspend access to the Application for maintenance, to protect the Application from unauthorized use or to take other measures that are required for technical, maintenance, operational or safety reasons. We do not need to inform when such interruptions may occur. Lack of access to the Application due to interruptions, errors or the similar does not entail you the right to damages or other form of compensation.
Remedy: We shall, to the best of our ability and within a reasonable time, try to remedy any errors or deficiencies in the Application, if possible.
5. INTELLECTUAL PROPERTY RIGHTS, DATA M.M.
We own all intellectual property rights, copyrights and trademark rights regarding the Website, IQoro, the Application and our company (with the exception of intellectual property rights owned by our licensors or other Third-parties). We do not transfer any intellectual property rights you or any Third-party due to these Terms.
6. PERSONAL DATA PROCESSING
We process personal data in accordance with the GDPR. More information about our processing of personal data can be read in our Privacy Policy which can be found through the following link: https://www.iqoro.com/privacy-policy-iqoro-app/.
7. LIMITATION OF LIABILITY
Errors: Incorrect information may appear on our website, the Application or on other sites (other websites, social media, etc.) regarding or relating to the Application we provide, and we reserve the right to correct discovered errors.
Typographical errors: We reserve the right to correct discovered typographical errors that appear on the Website, as well as for any such errors that appear in the Application, social media, etc. relating to our products or services.
Third-party applications, advertising content etc.: We are not responsible for Third-party applications, plugins, products, information or similar. The Application may contain links to external websites owned or operated by Third-parties (”external links”). We are not responsible for the availability of such external links.
Limitation of Liability: You are solely responsible for your IQoro-training and use of the Application. We hereby disclaim all liability, to the extent permitted by applicable law. You hereby agree that we can not be held liable for either direct or indirect damages and/or losses that arise for you, regardless of how the damage occurs. However, this disclaimer does not limit our liability to a greater extent than is permitted under current consumer protection legislation.
Grounds for exemption: The Parties are exempt from liability to the other Party if the fulfillment of contractual obligations is hindered due to a force majeure nature situation, such as, but not limited to, epidemic, pandemic, government decision, strike, fire, war, mobilization, natural disasters or other circumstances beyond the Party’s control and the consequences of which the Party could not reasonably have avoided or overcome. When the obstacle ceases, the obligation shall be fulfilled in an agreed manner, if possible.
8. INVALIDITY OF PROVISION
Should any provision of these Terms be found to be invalid by a general court, it shall not affect the validity or interpretation of the other provisions. Instead, necessary changes shall be made by the Supplier to the Terms to maintain the structure and purpose of the Terms.
9. CHANGES
We have the right to change the design, layout and content of the Application at any time, without prior notice, and the right to cease to provide the Application.
We also have the right to change the applicable Terms at any time if necessary, for example to clarify the content or if it is required due to changes in the law, government decisions, regulations or if it is required by technical or safety reasons.
The changed Terms will be made available through the Application and you must accept the Terms in order to continue using the Application.
10. APPLICABLE LAW AND DISPUTE RESOLUTION
The Terms shall be governed by, and interpreted in accordance with, Swedish law. Disputes that arise in connection with the interpretation or application of the Terms, as well as related legal matters, shall in the first instance be settled directly between the Parties.
If the dispute cannot be resolved through an internal settlement between the Parties, the dispute shall be finally settled by a general court in Sweden, unless otherwise provided by mandatory legislation.
User int is capacity as a consumer, also have the right to turn to the National Board for Consumer Disputes (sw: Allmänna reklamationsnämnden, ARN), which offers an alternative dispute resolution in consumer disputes (more information can be read via www.arn.se). In addition, the consumer can submit complaints online through the European Commission’s Online Dispute Resolution platform through the following link: http://ec.europa.eu/consumers/odr. Complaints submitted through the digital platform will automatically be forwarded to the appropriate national dispute resolution body, which will then try to resolve the dispute with the Parties out of court.
11. CONTACT INFORMATION
Company: MYoroface AB
Reg. no: 556902-6791
Address: Sjötullsgatan 16, 824 55 Hudiksvall
E-mail: info@iqoro.com