User agreement Itchy AB
Applicable from 2021-04-25
These terms, with initial capitalization, are used consistently in the agreement and are defined as follows:
User means a natural person.
User account means the ability to create personal user identities with "read" or "read and write" privileges. All user accounts are registered and logged for traceability.
Itchy AB is the supplier of the Service and the Party to this agreement.
Itchy AB account is referred to as the database where all data is recorded and stored. The features of the Itchy AB account depend on which version of the Service you as a Customer purchased.
Account means either the Itchy AB account or an alternate account, where the customer has signed a separate user agreement with Itchy AB.
Customer means the legal or natural person who has entered into an agreement with Itchy AB in accordance with this agreement. Customers are not a public body.
License means the Customer's right of use to the Service.
By Party it is meant a party to this agreement - i.e. you as a Customer or Itchy AB.
By Parties it means the parties to this Agreement - i.e. you as a Customer and Itchy AB.
By Price list it is meant at all times applicable prices received via email from email@example.com, or prices listed herein.
By Collaboration Partner it is meant as a reseller that is certified by Itchy AB for this purpose.
By the Service it is meant the cloud service and the mobile application Itchy AB in Swedish, English and French language versions.
"Third Party" means any legal or natural person other than a Party to this Agreement. Companies within the same group (parent, subsidiary, sister company) as Party are also Third parties.
1.2 Purpose and general purpose
This user agreement (hereinafter the agreement) between you as a Customer and we at Itchy AB essentially governs:
Use of the Service (hereinafter the License Agreement)
Access to service and support provided for the Service (hereinafter the Service Agreement)
Fees, prices and payment terms
Data processing and privacy for the Customer
Responsibility and privacy
The purpose of this agreement is that you as a Customer purchase the Service. The service is an application on mobile phones that will serve as a tool for psoriasis and atopic eczema.
The service is only available in one version.
Provisions regarding the conclusion and termination of the agreement are laid down in clause 3. The contract period begins on the day when an Account for Customer is created through the application or through a Partner.
The Agreement applies in its entirety, regardless of whether the Service has been provided free of charge or against payment. If you have accessed the Service through a beta account, clause 11, below, also applies.
The agreement applies in its entirety, regardless of whether the Service has been provided through a proprietary registration in the application or through a Partner.
If you as a Customer do not agree to the agreement, you must immediately log out, stop using the Service and uninstall the application. Feel free to contact any of Itchy AB's contact persons to discuss alternative terms, via firstname.lastname@example.org.
1.3 Specific terms through written agreement
If specific terms have been agreed in writing between the Parties, these terms will prevail in cases where they differ from this agreement.
1.4 Amendments to the Agreement
Itchy AB reserves the right to update this Agreement to reflect:
(1) Changes in legislation or practice; or
(2) Improvements or additions to the Service
An update of the Agreement, with the exception of specific conditions under 1.3 above, supersedes any prior or contemporaneous agreements between the Parties.
We from Itchy AB will notify you, by means of a notification to the e-mail address on which you register your Account and through an information box in the Service, at least seven (7) days before the updated agreement comes into force. If, as a Customer, you do not wish to approve an updated agreement, you should terminate your agreement. By continuing to use the Service after an update of the agreement, you agree that you as a Customer are bound by the agreement.
2 License Agreement
2.1 Right of use
The Customer is granted a personal, non-exclusive, limited, non-transferable, revocable right to use the Service.
By personal right of use it is meant the Customer's right to use the Service as support for processing the Customer's need for treatment. This means that Customer may not transfer, rent, lend or otherwise sell the Service to any Third Party, this does not limit companies within the same group using the same License.
The license gives Customers who purchased the Service or received an activation code provided by Itchy AB to the Service access to an Itchy AB account.
2.2 Language version
This license agreement covers only the English-language version of the Service. Please contact one of Itchy AB's contacts to discuss the addition of other language versions of the Service, via email@example.com.
2.3 Intellectual Property Rights
All copyrights to the Service and the Software of the Service are held by Itchy AB or Partners and suppliers. Software includes, but is not limited to, computer programs, software, source code, object code and algorithms.
The agreement does not transfer any intellectual property rights to the Customer or to the Third Party. You as a Customer may not:
(1) Copy the Software, in whole or in part,
(2) Modify software, in part or in whole,
(3) Implement action to access the software source code. Examples of such measures are so-called reverse engineering, disassembly and decompilation.
The prohibition in the second paragraph, above, applies with the exception of what is permitted in accordance with Chapter 2. § 26 g second to fourth paragraph and § 26 h the Copyright Act (1960: 729).
Itchy's name and logo are registered trademarks and cannot be used without the written permission of Itchy AB. Misuse of Itchy AB's trademarks or other materials is prohibited and may violate copyright, trademark and / or other laws.
2.4 System requirements and product specification
Itchy AB may change system requirements and product specifications for future versions of the software.
The service is designed for use in Android and OS IOS operating systems. Future compatibility with operating systems that are no longer maintained by the operating system provider is not guaranteed.
2.5 Transfer of license and intellectual property rights
The Customer may not assign or make available the Third Party Service. Examples of such measures are selling, lending, transferring or otherwise distributing the Service.
What is stipulated in the first paragraph, above, also applies if you as a Customer are acquired by another company (company merger), if you as a Customer are divided into two or more companies (corporate merger) or you as a Customer are placed in bankruptcy or corporate restructuring.
Provisions on the transfer of other rights and obligations under this Agreement are governed by clause 4.5, below.
3 Service agreements
3.1 Customer's rights
The service agreement gives you as a Customer:
(1) Right to use the Service without limitation in functionality, depending on whether the user uses the free or paid version of the Service, except for scheduled maintenance work. The service is available 24 hours a day, all year round.
Scheduled maintenance work is advertised on http://www.itsitchy.com with at least one (1) day's notice. Customers should pay particular attention to planned maintenance work so that this does not interfere with Customer's use of the application.
(2) Technical support according to section 3.3, below.
(3) Automatic backup of the entries you as Customer made in the Service.
(4) Regular updates of the Service. The updates include, but are not limited to:
a. Software updates, and made available to the Customer automatically, after scheduled updates in connection with maintenance work or via more urgent updates according to information at https://www.itsitchy.com This means that Itchy AB will provide the Customer at no additional cost during the contract period fixes as well as all new official versions of the software.
b.Updating the decision basis in connection with new practice. This means that Itchy AB will provide corrections and all new official versions of the software during the contract period at no additional cost to the Customer.
3.2 Customer's Obligations
To enable Itchy AB to provide service and support in accordance with this service agreement, the Customer shall:
(1) Provide Itchy AB with up-to-date and accurate contact information, including an active email address.
(2) Follow the usage instructions contained in the Service's documentation and other instructions provided by Itchy AB.
The operating instructions are updated and revised on an ongoing basis due to updates in the Service. You as a Customer should be aware of this and are obliged to take part in updates and revisions.
(3) Ensure that all mobile phones that have access to the Service have adequate protection against viruses and other malicious programs as well as a functioning Internet connection.
The provisions of the first subparagraph, above, are particularly important in preventing the Third Party from unduly accessing personal data and other sensitive information administered through the Service.
3.3 Technical Support to Customer
Itchy AB will provide technical support to the Service via email (firstname.lastname@example.org). Technical support is manned between 9am to 5pm on regular weekdays.
Technical support means help and opportunity for more in-depth questions about, and assistance with, the Service's technical function and logical structure, which are needed for the Service's use. Technical support does not include training or individual reviews and instructions on the Service's user features, or information contained in the Service's document database, link collection, or help texts.
Technical support does not mean legal advice, interpretation of legal texts or participation in restoring data registers. Itchy AB will contribute to restoring data registers from the latest backup with reasonable efforts and against the current hourly rate.
3.4 Remedy for Product Errors in the Service
You as a Customer are obliged to notify Itchy AB in writing of detected product errors without delay to email@example.com in writing. Itchy AB shall, within a reasonable time, rectify product errors that seriously affect the function of the Service for you as a Customer. Itchy AB reserves the right to decide when and how a product error should be corrected and when and how an action should be taken, as Itchy AB is the Party that has an overview of the consequences of a change in the underlying software.
Itchy AB shall rectify product errors that, not in a serious way, affect the function of the Service for you as a Customer, however at the earliest in the next official version of the software. Itchy AB reserves the right to decide when and how a product error should be corrected and when and how an action should be taken, as Itchy AB is the one who has an overview of the consequences of a change in the underlying software.
You as a Customer may not rectify product errors in the Service on your own or through a Third Party.
3.5 Limitations in Itchy AB's obligations
Itchy is an application (“app”) developed by Itchy AB. Itchy is a self-management tool for people who have been diagnosed with Psoriasis, Psoriasis Arthritis and Atopic Eczema and thus have been diagnosed, and have prescription drugs prescribed by a doctor. Itchy helps you keep track of your various treatments through reminders and general information.
The app should not in any way be considered a substitute for clinical assessment, recommendation, consultation or diagnosis by a physician, specialist or doctor. Itchy AB reserves the right to change or remove material from the app at any time.
You agree that you may access and use this app and its contents at your own risk. You are responsible for providing data that is accurate regarding treatments, symptoms, dosage, intervals and other information while maintaining discretion. Itchy AB, its affiliates, affiliates or any other party involved in the development, production or provision of this App should not be held liable for any loss, damage or cost, whether by agreement, compensation (including negligence) or otherwise arising from from the Information in this app or its users, access to, use of or inability to use this app, or any errors or omissions in the content. Itchy AB is not responsible for the information provided or written by users in our Community, but will moderate to ensure a safe and trusted environment for discussion.
3.8 Medical information
This app can contain information on when to use your medicine and what you can do to live healthy. This general information is provided as a service only and is not suitable for all patients, e.g. those suffering from serious illness. This information does not in any way replace the need for complete medical advice, clinical diagnosis and prescribed treatment, as well as personal training and diet counseling from doctors or other healthcare professionals.
Information provided in the app is stored by Itchy AB to create a well-functioning user experience for its users. Itchy AB has no responsibility, control or influence over information that the user of the App shares on the Internet and social media such as Facebook, Instagram and Twitter. This app may contain links or references to other websites operated by third parties over which Itchy AB has no control. These links are provided for convenience only and do not constitute approval or recommendation by Itchy AB.
Itchy AB's obligations under this agreement do not include:
(1) To provide instructions or educate the Customer on the necessary information contained in the Service's texts, images, audio clips or other type of content.
(2) To make customer-specific adjustments to the Service.
(3) To rectify errors caused by Third Party Software linked to the Service without the approval of the representative of Itchy AB or which has been made in accordance with the applicable, separate, agreement on the adjustment of the Service between Itchy AB and you as a Customer.
The provisions of point 3.5, subparagraph 3, first subparagraph, above, also apply to other errors caused by software that downloaded or provided data to the Service's database in a manner not approved by Itchy AB.
The provisions of point 3.5, paragraph three, first subparagraph, above, also apply to errors that are caused by causes beyond Itchy AB's control, such as power failure, operating system failure, hardware failure, driver errors, viruses, etc.
(4) To remedy errors caused by the Customer performing an action with the aid of Chapter 2. 26 g § second to fourth paragraph and chap. Section 26 h of the Copyright Act (1960: 729).
(5) To pay the costs incurred in the service of a Third Party unless expressly agreed in advance between the Customer and Itchy AB.
Itchy AB may assign its rights or obligations under this agreement to another company within the same group.
4 Prices and payment terms
4.1 Fee for the subscription
The fee for an Itchy Premium subscription to the Service is charged according to the applicable Price List.
EUR 4.99 a month
EUR 59.88 per year
When purchasing an annual subscription upfront, a 50% discount is applied, reducing its cost to EUR 29.94.
The subscription service can be cancelled any time.
New Licenses or Licenses for additional Itchy AB accounts, with associated service agreements, are charged according to the Price List in effect at the time. The same applies to transaction fees of various kinds, other products and services as well as services that are not covered by the service agreement.
5 Limitation of Itchy AB's liability
Itchy AB disclaims all liability for damage, except for the damage caused by gross negligence, which may result from Itchy AB's obligations under this agreement. The liability is limited to direct damage and Itchy AB is not responsible for any lost profits, failed psoriasis treatment or other indirect damage.
Neither Party may disclose information that is protected under the Business Secrets Protection Act (1990: 409) to the extent required by law changes, government decisions, to be able to perform service under the agreement or if the other Party has approved the procedure.
The Customer undertakes to inform and through confidentiality or other appropriate action to ensure that its staff, consultants and subcontractors observe confidentiality in accordance with this provision.
7 Force majeure
Party's obligations apply with reservation for events outside of Party's control such as war, terrorist acts, labor conflict, sabotage, fire, water damage, burglary, government intervention or the like that make it difficult or impossible for the Party to perform service or take action.
9 Selection of Law and Dispute Resolution Forum
8 Choice of law and dispute resolution forum
In the event of a dispute, we from Itchy AB are keen to arrive at a common solution before any formal legal notification. Therefore, you as a Customer first commit to try to resolve the dispute informally by contacting firstname.lastname@example.org We will try to resolve the dispute informally by contacting you. If a dispute is not resolved after fifteen (15) working days after you have contacted us, you, as a Customer, or Itchy AB, have the right to initiate legal proceedings. All communication between the parties shall be in Swedish.
A legal proceeding in the event of a dispute must be resolved by a public court with the Stockholm District Court as the first instance.
The rights and obligations of the parties as a whole shall be governed by Swedish law.