General terms and conditions
Last updated: June 05, 2020
Your use of the Services
We at Salus mea AB focus on providing a modern tele care service for smartphones. Our application and technology are certified to provide our Users with a reliable, resilient and secure Service.
These General Terms and Conditions (“Terms”) govern your access to, and use of, the Services provided by Salus mea AB. When you access or use the Services, you agree to all of these Terms.
If you have any questions after reading these Terms in its entirety, please feel free to contact us.
The Services are provided by Salus mea AB (559196-3847), a duly registered Swedish company with corporate domicile at Vera Sandbergs Allé 5B, SE-411 33 Gothenburg, Sweden (“Salus mea”, “us”, “our” or “we”).
You must be a natural person of at least 18 years of age to agree to these Terms and use the Services. Use of certain Services may have further eligibility requirements that will need to be verified prior to you using such Services. Any use of the Services by an unregistered person is not authorized.
You specifically agree to use the Services only for your own personal use and no other purpose such as, but not limited to, the use of any other person’s personal data.
We may also not provide all or some of our Services to certain persons or regions if, for example, in doing so, we would not be in compliance with the laws relating to our Services in such jurisdictions.
To assist you in understanding these Terms please note the Definitions hereunder:
- Account: means an account registered by a User.
- Application: means the smartphone application provided by Salus mea available on Appstore, Google Play or any other market authorized by Salus mea.
- Services: defined in the section Services.
- User: means a natural person using the Services for purposes outside his or her trade, business or profession.
The Services are provided by means of the Application. The Services are for the purpose of providing the user tele care service (sw: trygghetslarm) to contact relatives and/or emergency services, if connected. Tele care are provided by Swedish healthcare providers, Swedish social services and/or Swedish municipalities. Thus, Salus mea do not provide tele care but the application to use tele care service through own hardware and/or with hardware provided through separate/supplemental agreements.
For the avoidance of any doubt, Salus mea is not liable for the performance of any service and/or right under the Swedish Social Services Act (sw: socialtjänstlagen (2001:43)), the Swedish Health Care Act (sw: Hälso- och sjukvårdslagen (2017:30)) or the Swedish Municipal Authorization Act (sw: lag (2009:47) om vissa kommunala befogenheter).
Salus mea is a data processor for the processing of you and your relatives’ personal data in the context of the Services. Data controller is, as a rule, the User’s home municipality, healthcare providers or social services office. Thus, any information of the processing of personal data is provided by the data controller and not Salus mea.
You specifically agree not to (a) access (or attempt to access) the Services by any means other than through the interface of the Application, unless you have been specifically allowed to do so in a separate written agreement with Salus mea; (b) access (or attempt to access) the Services through any automated means (including, but not limited to, use of scripts, robots, agents or web crawlers); (c) interfere with or disrupt the Services, or servers or networks connected to the Services; or (d) take any other actions that can be damaging in relation to Salus mea, the Services or third parties.
You are responsible for maintaining the confidentiality and security of any and all Account names, user IDs, passwords, personal identification numbers, and mobile unlock codes that you can use to access the Services. Salus mea will not be liable for any loss or damage arising from your failure to protect your Account.
You are aware, acknowledge and agree that Salus mea and/or its service providers owns all legal right, title and interest in and to the Services, including any intellectual property rights which subsist therein (whether those rights happen to be registered or not, and wherever in the world those rights may exist) and that you do not acquire any right, title or interest in or to the Services unless expressly set forth in these Terms.
Nothing in these Terms gives you a right to use any of Salus mea trade names, trademarks, service marks, logos, domain names or other distinctive brand features, unless otherwise agreed in writing with Salus mea.
The Services may include hyperlinks to web sites, content or resources provided by third parties to Salus mea. Salus mea may have no control over any web sites, content or resources which are not provided by Salus mea.
You are aware, acknowledge and agree that Salus mea is not responsible for the availability of any external sites, content or resources, and does not endorse any advertising, products or other materials on or available from such web sites, content or resources and that Salus mea is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites, content or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products, information or other materials on, or available from, such web sites, content or resources.
You are aware, acknowledge and agree that these Terms constitutes the entire agreement and understanding between you and Salus mea relating to the subject matter hereof (but excluding any services which Salus mea may provide to you under a separate written agreement) and supersedes all written or oral commitments, undertakings and agreements which have preceded these Terms.
You are aware, acknowledge and agree that any amendment, change or modification of these Terms, other than as set out above, may only be made by a written agreement between the parties.
You are aware, acknowledge and agree that in no event shall any delay, failure or omission of a Party in enforcing, exercising or pursuing any right, claim or remedy under these Terms be deemed as a waiver thereof, unless such right, claim or remedy has been expressly waived in writing.
If any court of law, having the jurisdiction to decide on this matter, finds that any provision of these Terms (or the application thereof) shall be declared or deemed void, invalid or unenforceable in whole or in part for any reason, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms and the remaining provisions of these Terms shall continue in full force and effect.
The Swedish language shall be the governing language in your relationship with Salus mea, unless otherwise required by mandatory national law.
The User shall not be entitled to assign its rights and/or obligations under these Terms without Salus mea prior written approval. Salus mea shall be entitled to assign its rights and/or obligations under these Terms without the prior written approval of the User.
Limitation of Liability
You are aware, acknowledge and agree that Salus mea, service providers and their respective officers, directors, agents, joint venturers, employees, and representatives will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data, or other intangible losses (even if Salus mea has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability, or otherwise, resulting from (a) the use or the inability to use the services; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the services; (c) unauthorized access to or alteration of your transmissions or data; or (d) any other matter relating to the Services.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations set forth above may not apply to you. If you are dissatisfied with any portion of the services or with these Terms, your sole and exclusive remedy is to discontinue use of the Services and delete your Account.
Governing law and jurisdiction
These Terms, and your relationship with Salus mea under these Terms, shall, to the maximum extent permitted by applicable mandatory law in your jurisdiction, be governed by and construed in accordance with the substantive laws of Sweden without giving effect to the choice of law principles thereof.
Any dispute, controversy or claim arising out of or in connection with these Terms, or the breach, termination or invalidity thereof, shall be settled by a Swedish court of general jurisdiction and the Gothenbrug District Court (Sw: Göteborg tingsrätt) shall be the court of first instance.
Notwithstanding the above, you are aware, acknowledge and agree that Salus mea shall always be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction and through any court of competent jurisdiction.
Salus mea may make changes to these Terms from time to time. Any changes to these Terms will be notified to you through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. You are aware, acknowledge and agree that your continued use of the Services after the date on which these Terms have changed as set out above will constitute your acceptance of the changed Terms. If you object to any changes, you may delete your Account.
These Terms enter into force on the date they are made available, when you create an Account or later through announcement in the Services, and you thereafter continue to use the Services. These Terms will continue to apply thereafter until terminated by either you or Salus mea. Upon termination of these Terms for any reason, you must immediately cease using the Services.