User Agreement
1. Scope, etc.
1.1
These terms and conditions apply between Kry International AB (publ), org. no. 556967-0820, with address Torsgatan 21, 113 21 Stockholm, Sweden ("KRY International") and you when you register as an account holder (the "Account Holder"), for the purpose that KRY International will use the account (the "Account") to provide access to KRY International's e-health application in iOS and Android (the "App").
The terms "we", "us" and "our" in these Terms of Use refer to KRY International.
1.2
Through the App, individuals may make appointments with authorized healthcare providers, including physicians and other healthcare providers ("Health Providers") for medical treatment and advice via video appointments. The account holder can also post a written description of their symptoms in their personal account in advance of the meeting. When the video meeting starts, the Account Holder can describe their condition and problems to the doctor. The doctor can then perform a visual examination of the patient, diagnose when possible, and suggest treatment measures.
1.3
KRY International is only a technical intermediary of the health services that the Health Provider provides to the Account Holder. KRY International shall therefore not in any way be regarded as a provider of health services. The agreement entered into between the Account Holder and KRY International is therefore only to be regarded as a service agreement for the provision of a technical solution. The agreement between the Account Holder and KRY International is therefore only an agreement to deliver solutions for appointment booking and video conferencing. We are not responsible for the content or quality of medical examinations or advice given within the framework of a video consultation.
1.4
The Account Holder enters into an agreement with KRY International by creating an account called "My Pages" in accordance with the applicable guidelines on the App (the "Agreement"). By registering an account on the App, the Account Holder accepts these terms and conditions.
1.5
The Account Holder is responsible for ensuring that all personal data and contact details he/she provides are accurate and up to date. The Account Holder shall notify KRY International of any changes as soon as possible by sending an e-mail to support@kry.no.
1.6
These terms and conditions do not apply if the Account Holder receives services via the App in connection with, for example, subscriptions, occupational health services, and employee benefits: 6.1 and 6.2 (cancellation of video meetings with the right to a refund of payment. Second sentence of 9.2 (right to terminate the agreement with the right to a refund of payment) Third sentence of 10.1 (force majeure with the right to a refund of payment)
2. General information about the Account and the App
2.1
When signing the Agreement and registering the Account, it is also required that the customer/patient has BankID in connection with logging in, and that one is sixteen (16) years of age or older.
2.2
The Account Holder is responsible for everything he/she does in connection with the use of the Account. The Account may only be used by the Account Holder and may not be used by or transferred to any other person. Parents/guardians may still use their own account on behalf of their children, provided that the child is under 18 (eighteen) years of age. KRY International is not responsible for misuse of the Account by third parties, or for consequences and any damages resulting from such misuse.
2.3
The Account Holder is responsible for the use of the Account in accordance with this Agreement and any other terms and conditions set out in the App, and in accordance with the laws and regulations in force from time to time. The Account Holder is responsible for all information he/she provides on or via the App, and thus also for what this information contains.
2.4
By registering an account on the App, the Account Holder acknowledges and agrees to the technical specifications, terms and conditions and limitations of the App. These are described in KRY International's current service and product descriptions and are available on the App.
2.5
By registering an account in the App, the Account Holder accepts and confirms that KRY International may use the provided contact details to send offers and information via e-mail and messages. The Account Holder has the right to specifically unsubscribe from this type of communication. If the Account Holder so requests, KRY International is obliged to consent to this as soon as possible after the request has been registered with KRY International.
2.6
Content that KRY International publishes or makes available in the App constitutes a supplement to the medical advice of the healthcare provider and is not intended to replace a healthcare provider's assessment, diagnosis or treatment for a disease. Use The app is only a supplement to the traditional health services. It is intended as a tool for health service providers to be able to provide effective health services to their patients. KRY International bears no responsibility whatsoever as a provider of health services.
2.7
With regard to the technical design of the Service, the App and the Service are limited to certain types of diseases and health ailments described in the App.
3. Prices and payment
3.1
Prices and fees for video meetings with providers of health services in the App, and all other costs that may be incurred, are stated in the price list in force at any given time. You can see this in the App before you book a meeting with a healthcare provider.
3.2
The payment for a video meeting via the App is made before the meeting starts. The Account Holder cannot start a video meeting with the Healthcare Provider until the payment is approved.
4. KRY International's responsibilities
4.1
KRY International is responsible for ensuring that the App complies with the Swedish Act (2002:562) on electronic e-commerce and other information society services as well as the Swedish Act (2005:59) on distance contracts and agreements entered into outside a fixed place of business, and corresponding local legislation. KRY International is not responsible for any loss of data.
4.2
KRY International is not responsible for the content of websites linked to or from the App.
4.3
KRY International's goal is for the App to be as accessible as possible at all times. The Account Holder shall be given a reasonable opportunity to visit their Account and the App at any time of the day. The Account Holder can book a meeting with the Healthcare Provider based on the options available in the booking system on the App. The Account Holder can either book a meeting at a specific date and time, or he/she can book a drop-in meeting at one of the available times in the booking system. The App, including video meetings, is made available in accordance with the above, except for permitted interruptions, such as, but not limited to, planned maintenance or interruptions notified on the App.
4.4
KRY International is not responsible for interruptions in availability caused by: a) errors/problems in the Account Holder's hardware/equipment, network, software or errors in software that constitute a third-party product, and which KRY International is unable to rectify despite KRY International's professionals having tried to correct them or get around them, b) other circumstances for which the Account Holder is responsible under the Agreement, c) viruses or other security attacks that occur despite KRY International's professionally designed security measures, ord) circumstances that constitute force majeure in accordance with section 10 below.
4.5
KRY International is only responsible for the operation of the App. This involves providing video meetings between account holders and providers of health services and associated services such as storage of information and other information that KRY International makes available on the App. KRY International is not responsible for health services, information or recommendations that the Healthcare Provider provides to the Account Holder in video meetings or in writing via the App.
4.7
Interruptions or errors that make the App unavailable must be reported as soon as possible to KRY International's customer service at support@kry.no.
4.8
Errors will primarily be dealt with through attempts at rectification, provided that this can be done without unreasonable cost or inconvenience to KRY International. KRY International reserves the right to rectify errors at its own expense, provided that this can be done without unreasonable cost or inconvenience to the Account Holder. If a defect cannot be rectified, the Account Holder is entitled to a reasonable price reduction and, subject to the limitations set out below, compensation for any direct damages that can be documented.
4.9
KRY International is not responsible for errors caused by the Account Holder or circumstances for which the Account Holder is responsible. Nor is KRY International liable for any personal injuries or other consequences that may directly or indirectly result from the use or misuse of information provided, presented or referred to on the App. KRY International's liability is in any event limited to documented direct damages, and compensation is limited to a maximum amount of twelve thousand (12,000) Norwegian kroner. KRY International is therefore not liable for consequential damages, loss of profits, missed expected savings and/or other indirect damages.
5. Intellectual property rights, etc.
5.1
Ownership rights, copyrights and all other rights associated with KRY International's trademark, company and website, as well as all documents used by and/or made available by KRY International on the App, such as, but not limited to, these general terms and conditions, belong solely to KRY International (or in some cases KRY International's licensor). KRY International therefore reserves an exclusive right to use the above materials. Any copying, modification, transfer and/or other use of KRY International's material that is not expressly permitted under this Agreement or the instructions KRY International gives from time to time is prohibited. The Account Holder acknowledges and accepts that unauthorised use of KRY International's intellectual property rights – in addition to violating the Agreement – may be punishable. KRY International reserves the right to take legal action in the event of unauthorised use of KRY International's intellectual property rights.
5.2
Any intellectual property rights that arise as a result of KRY International making the App and/or other services available to the Account Holder shall vest in KRY International with exclusive rights. Such an exclusive right includes a right to freely modify and transfer such rights.
6. Cancellation of video meetings
6.1
The Account Holder can cancel an arranged video meeting free of charge up to 24 hours before the meeting is due to start. If cancelled accordingly, the Account Holder shall be refunded what he/she has paid for the meeting within 14 days.
6.2
The Account Holder agrees that he/she does not have a right of cancellation/cancellation for drop-in meetings and for video meetings booked later than 24 hours before they are due to start. In such cases, the Account Holder will not be entitled to a refund of what he/she has paid for the video meeting.
7. Unauthorised use and information
7.1
KRY International takes seriously all types of unauthorised use of the Account and App in violation of these general terms and conditions and/or KRY International's guidelines for security, ethics, etc. in force at any given time. Among other things, it is not permitted to film consultations with health personnel, or in any way contribute to the dissemination of such material. KRY International will proactively take action against such confirmed or expected unauthorised use of the Account, the App, etc.
7.2
KRY International reserves the right – upon prior notice or notification to the Account Holder – to remove information from the App, block the Account Holder's account or take other measures due to breach of agreement on the part of the Account Holder or to protect the reputation and reliability of the App. KRY International can do this at any time and without responsibility for any consequences. In the event of such blocking of an account, KRY International is also entitled to terminate the Agreement in accordance with section 8.2 below.
7.3
If the Account Holder has violated the Agreement or applicable laws and regulations, or has used the App in an illegal or unjustified manner, the Account Holder is obliged to compensate and cover all losses incurred by KRY International as a result thereof (including, but not limited to, legal fees, legal costs and all claims from third parties).
7.4
KRY International cannot provide personal data about the Account Holder for which the Healthcare Provider is the data controller in accordance with applicable regulations, and which the Healthcare Provider will not or cannot make available on the App.
8. Term of agreement and termination
8.1
The agreement is valid from the time the Account Holder registers an account with KRY International. The Account Holder always has the right to terminate the Agreement with immediate effect. Upon such termination, KRY International shall remove the terminated Account and all stored information relating to the Account Holder.
8.2
KRY International has the right to terminate the Agreement with immediate effect if the Account Holder breaches these terms and conditions or other provisions of the Agreement or there are reasonable grounds to suspect such a breach, and the Account Holder does not rectify such breach within thirty (30) days after being notified in writing. Upon such termination, the Account Holder's account will be blocked and this Agreement will automatically become null and void. Stored information about the Account Holder must be removed as soon as possible.
8.3
An Account Holder who is blocked from his/her Account in accordance with this section is not entitled to re-register or register a new Account without special permission from KRY International.
9. Development and changes to terms and conditions
9.1
KRY International reserves the right to change the scope and function of the Account and the App. For example, product and service development may include, but are not limited to, layout, content, services and features and may affect the Agreement. Such changes will be notified via the App and/or by email. The Terms of Use in force at any given time are available on the App.
9.2
The Account Holder has the right to terminate the Agreement with immediate effect if KRY International makes changes to the App or to the Agreement that result in a significant disadvantage for the Account Holder. In such cases, the Account Holder is entitled to a refund if he/she has paid for video meetings that have been booked but not carried out at the time of termination.
10. Force majeure
10.1
KRY International does not provide compensation for damages as a result of strikes, fire, regulations from authorities, labour disputes, accidents, errors or delays at subcontractors, downtime in public communication systems or other circumstances that are beyond KRY International's control, which KRY International cannot reasonably be expected to expect, and which have consequences that KRY International cannot be expected to be able to avoid or overcome. If a circumstance under this section persists for more than one (1) month, either party has the right to terminate the Agreement with immediate effect. In such a case, the Account Holder is entitled to a refund for prepaid amounts for video meetings that have been booked but have not yet taken place.
11. Notices
11.1
The account holder must provide an email address and a mobile number where he/she can receive confirmations, reminders and other messages that may come from KRY International from time to time. If the contact information changes, the Account Holder is obliged to notify KRY International of this as soon as possible. Terminations or other notices must be given by email.
11.2
The message is deemed to have been delivered to the recipient(a) if it has been sent by e-mail, SMS or fax: when receipt has been duly acknowledged;(b) if it has been sent by registered letter: two working days after it has been delivered to the postal service, or(c) if it has been sent by courier: when it has been delivered.
12. Personal data
12.1
Please refer to our Privacy Policy for detailed information on how we process your personal data, including a clear description of your rights, as well as how you can exercise your rights.
13. Other
13.1
The Account Holder may not transfer the Agreement and the rights and/or obligations arising from the Agreement to another party.
13.2
KRY International reserves the right to use subcontractors to fulfil its obligations under the Agreement.
14. Disputes
14.1
This Agreement is governed by Norwegian law. Any disputes based on the Agreement shall be settled by an ordinary court.