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Terms of Service

Last Updated: June 2024

 

  1. INTRODUCTORY PROVISIONS
    • Mia Health AS, organization number 918 343 814, provides mobile and web applications that you, as a user, can use to gain insights and understanding about your physical activity and lifestyle (the “Service”).
    • The purpose of these terms of Service (the "Terms of Service") is to inform you about your rights, as well as our policies and rules for using the Service.
    • Please read these Terms of Service carefully. By creating a user profile or by continuing to use the Service, you agree to be bound by these Terms of Service. You agree that these Terms of Service can be enforced as any written agreement signed by you. You represent that you are over 18 years old and that you have the right to bind yourself.
    • By registering, you agree to comply with the Terms of Service. We reserve the right to make the Service unavailable to you if the Terms of Service are not complied with. If you do not accept these Terms of Service, you must refrain from registering a profile and using the Service.
  2. REGISTRATION
    • You must register and create a profile if you wish to use the Service.
    • You are responsible for providing accurate, complete, and up-to-date information about yourself during registration and for keeping this information updated.
    • We reserve the right, at our sole discretion, to accept or reject your registration for use of the Service.
    • During registration, you may create a unique username and password or use IDP login through Google or Apple. Unique usernames and passwords cannot be used by anyone other than you and must be kept in a safe place. You understand that you are responsible for maintaining the confidentiality of passwords associated with the profile you use in connection with the Service. With reasonable notice, we may require you to change your password. If you suspect that your username and/or password is being used by another, you must immediately change your password.
  3. THE SERVICE
    • The Service has different user categories with differentiated access levels to functionality. All users are given access to a free subscription upon registration. To access full functionality and “premium features,” you may purchase a subscription via the App Store/Play Store, or you may link your account to a business or organization with such access.
    • If you subscribe to full functionality of the Service, you agree that the subscription price may change. You will be notified of price changes within a reasonable time. If the price change exceeds the increase in the consumer price index, you may terminate the Service free of charge, effective from the time the price change takes effect.
    • Although we do our best to provide our users with uninterrupted use of the Service, we cannot guarantee uptime and stability. If we detect a fault with the Service, or receive notice of a fault, we will attempt to correct the fault within a reasonable time.
    • We reserve the right to update the Service regularly to improve performance, add new features, and address security issues. We will ensure that you are notified of such updates.
  4. USER RESPONSIBILITIES
    • You are responsible for having internet access and a tablet or mobile device that supports your use of the Service.
    • You must exercise common sense when using the Service. You are responsible for data, material, and content you create using the Service, including any consequences of such content.
    • You are responsible for your physical activity and health, as well as physical injuries and material damage that may occur while using the Service. Use of the Service is at your own risk, and we cannot be held liable for direct or indirect damages that may arise from your use of the Service.
    • Information and content made available via the Service should not be understood as medical advice. Always consult a doctor or other medical personnel for questions about your physical health.
  5. GUIDELINES
    • When using the Service, you agree to comply with the following guidelines:

      1. You must not in any way access or attempt to access material or information that is not intentionally made publicly available through the Service.
      2. You must not misuse the Service by intentionally introducing viruses, trojans, scripts, cryptos, malware, time bombs, cancellations, corrupted files, worms, and logic bombs or other material or programming routines, or engage in behavior that may damage, disrupt, or otherwise impair or overload the functionality of the Service.
      3. You must not distribute your username and password to others, attempt to log into a server or profile that you are not authorized to access, or otherwise attempt to gain unauthorized access to the Service.
      4. You must not register a profile for use of the Service if you represent or perform tasks on behalf of a competitor of ours without our prior written consent. By registering, you represent that you have not sought access to the Service for reference purposes or competitive purposes.
  1. INTELLECTUAL PROPERTY RIGHTS
    • You only have a limited right to use the Service. All content on the Service, including, but not limited to, the design of the Service, text, scripts, graphics and code, interactive features, and associated intellectual property rights, whether registered or unregistered, belong to us and are our property. Under no circumstances do we grant you, by implication or otherwise, any right or license to any of our intellectual property rights, beyond what is explicitly agreed upon. You are responsible for ensuring that your use of the Service does not conflict with our rights.
  2. LIMITATION OF LIABILITY
    • Unless otherwise specified, nothing in these Terms of Service shall be construed as warranties regarding the content and functionality of the Service.
    • Although we do our best to ensure that all information in the Service is accurate, inaccuracies, errors, omissions, or outdated information may occur. Access to the Service is provided “as is” without warranties of any kind, either express or implied. To the extent permitted by applicable law, we disclaim any responsibility for the accuracy, correctness, adequacy, usability, timeliness, and reliability of the information in the Service.
    • Unless otherwise provided by mandatory law, we are not responsible for any loss or damage that may occur in connection with the Service, unless we have acted with gross negligence or willful misconduct.
    • Compensation for inconvenience shall in all cases be limited to what you have paid for the Service in the last six (6) months before the inconvenience occurred.
  3. DURATION AND TERMINATION
    • These Terms of Service apply regardless of when you use the Service.
    • You may stop using the Service at any time. Termination of your account does not relieve you of your obligation to pay any outstanding amounts.
    • We have the right to terminate the Service for any reason unless otherwise provided by a separate agreement with you. If we terminate the Service, we will do our best to explain why the Service has been terminated.
  4. MISCELLANEOUS
    • If any part of these Terms of Service is deemed invalid or otherwise unenforceable, the remaining provisions of the Terms of Service shall continue to apply. The provision that is found to be invalid shall be replaced by a provision that aims to achieve the purpose of the original provision.
    • These Terms of Service cannot be assigned or otherwise transferred, in whole or in part, voluntarily or involuntarily, or by law, without our prior written consent. We may transfer our rights and obligations under these Terms of Service to another party if the assigned party at the time of assignment is financially and technically capable of fulfilling our obligations and the assigned party expressly agrees to comply with such obligations.
    • We strive for continuous improvement and therefore reserve the right to change information and content in the Service without prior notice. We may amend the Terms of Service due to changes in legislation, expansion of the Service, or other relevant circumstances. By accepting these Terms of Service, you agree that we may amend the Terms of Service without having to notify you in advance. We will notify you of significant changes. If you continue to use the Service after a change is made, you are deemed to have accepted the change.
    • These Terms of Service are governed by Norwegian law. Any disputes shall first be attempted to be resolved through negotiations. If an agreement cannot be reached through negotiation, the dispute shall be resolved by the ordinary courts with Trøndelag District Court as the agreed venue.
    • If you have any questions regarding these Terms of Service or wish to make a complaint about the Service, you can send an email to privacy@miahealth.no, and we will respond to you as soon as possible