Terms of Use

These Terms of Use govern the use of the Joint Academy digital platform (the “Services”) provided by Arthro Therapeutics AB (“Arthro Therapeutics”, “we”, “us”, or “our”). By registering for or using the Services, you agree to be bound by these Terms of Use. If you do not agree, you must not use the Services.

1. Background

1.1 Arthro Therapeutics is a CE-certified enterprise that provides cloud-based services for support-based physiotherapy. The services include communication, training and treatment tools for patients and healthcare providers. The services consist mainly of a digital platform, where patients can go through the Programme and receive ongoing training and treatment proposals for support-based self-treatment. The Services also enables the User to interact with licensed physiotherapists during the Programme.

1.2 Arthro Therapeutics signs agreements with Healthcare Providers, independent licensed physiotherapists, as well as employing those who wish to join the Services and thus get in touch with Users via the Services.

2. General Terms and Definitions

These General Terms and Conditions apply between Arthro Therapeutics and each User of the Services. By joining or using the Services, the User agrees to these General Terms and Conditions. By accepting these General Terms and Conditions, the User also confirms that they have read the information in these General Terms and Conditions.

Definitions:

General Terms and Conditions refers to these general terms and conditions.

The User refers to the natural person who registered as a user of the Services.

Account refers to the personal user-account that the User registers in order to use the Services.

Arthro Therapeutics refers to Arthro Therapeutics AB, corporate ID no. 556941-9210.

The Healthcare Provider refers to a private or public healthcare provider or unit within a healthcare provider, such as a healthcare centre, which has entered into an agreement with Arthro Therapeutics for the use of the Services and with which the User communicates via the Services.

The Physiotherapist refers to a natural person who has joined Arthro Therapeutics’ network of licensed physiotherapists and with whom the User communicates via the Services. The physiotherapist is either employed by the Healthcare Provider, employed by Arthro Therapeutics or is an individual business operator.

Login Details refers to the information that the User is assigned in connection with the registration of the Account and which is required to access the Services.

The Programme refers to one of Arthro Therapeutics’ specially developed, interactive and evidence-based programmes for physiotherapy and which is provided digitally via the Services.

The Services refers to Arthro Therapeutics’ digital software platform and websites, through which the User can go through the Programme and interact with Healthcare Providers, and Physiotherapists. The Services are provided by Arthro Therapeutics.

Third-party Services refers to software or services provided by a party other than Arthro Therapeutics, including those where the rights belong to a party other than Arthro Therapeutics or its group companies and such as are described as a Third Party Services under the General Terms and Conditions.

3. Generally about the Services

The Services consists of a digital software platform through which the User can get in touch with Physiotherapists online, which can in turn guide the User through the Programme. After the Programme, the User also has the option to use the Services to obtain individual suggestions for long-term, support-based, self-treatment.

4. Generally about the Programme

4.1 The Programme is developed by Arthro Therapeutics and relies on evidence-based research. It originates from the project “Better care of patients with osteoarthritis”. Under the Programme, the User receives, among other things, suggestions for individualised exercises and is given the opportunity for interactive coaching from Physiotherapists who have joined the Services.

4.2 When the Programme starts, the User has the opportunity to send inquiries to Physiotherapists about interacting with the User during the duration of the Programme. The user may also receive requests from Physiotherapists to go through the Programme. The Healthcare Providers, Physiotherapists that the User has the opportunity to interact with during the Programme may be limited with regard to the existing agreement between the Users provider within which the User is registered or the User’s insurance company.

4.3 The Physiotherapist who accepts a request to interact with the User during the Programme constitutes the User’s contact interface throughout the Programme. Their task is to guide and coach the User while the User is going through the Programme.

5. Registration etc.

5.1 The use of the Services requires that the User has registered an Account on the Services and that the registration has been confirmed by Arthro Therapeutics. Registration requires that the User accept these General Terms and Conditions. In connection with the User receiving confirmation from Arthro Therapeutics by e-mail sent to the e-mail address specified by the User, the User enters into an agreement with Arthro Therapeutics for the use of the Services. Arthro Therapeutics uses two-step identification using Bank ID, or other identification option acceptable to Arthro Therapeutics to ensure the User’s identity. In connection with the registration, therefore, the User must provide their name and their social security etc.

5.2 Only legally competent natural persons over 18 years of age are allowed to register an Account. The account is personal and may only be used by the User personally. Multiple registrations under different Accounts are not allowed. In connection with registration, the User shall also undergo a medical questionnaire intended to document the User’s medical condition. Only those Users who, after completing the questionnaire , are found to not have any contraindications, will be allowed to use the Services.

5.3 Upon registration, the User guarantees that the User has the capacity to enter into binding agreements and that the User only provides correct, current and complete information that the registration requires. This data must be accurate and current in all respects. The User has a duty to keep the relevant information in their account updated and correct. If the information changes, the User must correct the information immediately. Arthro Therapeutics has the right to unilaterally, at any time, refuse registration and also change the criteria that apply to registering an Account.

5.4 The User is assigned Login Details when they register. The Login Details cannot be changed by the User. The User is responsible for ensuring that the Account is used solely by the User, and the User therefore has a duty to keep the Login Details protected and not disclose them to unauthorised persons. Users must immediately notify Arthro Therapeutics if any unauthorised party becomes aware of such information that the Users is required to protect under this provision.

5.5 The User has the option to deregister at any time by contacting Arthro Therapeutics through any of the contact details provided in these General Terms and Conditions, or by following the instructions on the Services. Arthro Therapeutics will then confirm and execute the User’s request within company policy time frames.

5.6 The agreement and these General Terms and Conditions apply as long as the User has an active Account. The Account is active until the day when (i) the User deregisters as a User, (ii) Arthro Therapeutics blocks the User from the Services, or (iii) when the Services is closed by Arthro Therapeutics for any other reason.

6. Use of the Services

6.1 By registering as a user, the User receives a non-exclusive, non-transferable and fully revocable right to access and use the Services in accordance with these General Terms and Conditions. The User is always obliged to follow the instructions provided by Arthro Therapeutics for the use of the Services. The user has the right to cancel anytime by contacting the support team or their physiotherapist.

6.2 The User guarantees that the Services will not be used in a manner or for purposes that are in violation of applicable law or these General Terms and Conditions. The User is responsible for all activities that take place within the scope of their Account. Arthro Therapeutics assumes no responsibility for unauthorised access to the Account resulting from the User’s negligence.

6.3 In accordance with applicable legislation, the User is personally liable for all materials and content generated by the User and which is made available by the User to other users, Caregivers, Physiotherapists or third parties. The User is also responsible for ensuring that all material, except such material as provided by Arthro Therapeutics, which is made available by the User through the Services, does not infringe upon any third party’s rights or breach applicable laws or is otherwise likely to damage any third party. The User shall indemnify Arthro Therapeutics in the event that the User’s use of the Services entails liability for damages to Arthro Therapeutics in relation to third parties or other Users.

6.4 The User shall comply with the security regulations specified by Arthro Therapeutics regarding the Services at any given time. Arthro Therapeutics is entitled to amend the applicable security regulations at any time. The amendments will come into force immediately after they have been published in the Services. The User has a duty to continuously keep up-to-date regarding the current security regulations.

6.5 In the event of misuse of the Services, the User will be obliged to compensate Arthro Therapeutics for the damage incurred in connection with the abuse. The User shall also compensate Arthro Therapeutics for the damage that arises as a result of the User using the Services in violation of applicable legislation or these General Terms and Conditions.

7. Changes, Updates, limited Access to the Services, etc.

7.1 Arthro Therapeutics does not guarantee any continuous, uninterrupted or secure access to the Services. The services may at any time be disrupted or affected by factors beyond Arthro Therapeutics’ control. Arthro Therapeutics offers no guarantees about the functioning or availability of the Services.

7.2 Arthro Therapeutics has the right to implement updates and new versions of the Services at any time to the extent that Arthro Therapeutics finds appropriate. Arthro Therapeutics also has the right, without prior notice, to make changes of any nature to the Services or to the manner in which the Services is provided.

7.3 Arthro Therapeutics has the right to take measures that affect access to the Services if this is necessary with regard to e.g. technical, maintenance or security reasons. In the event that the use of the Services seriously damages or risks causing serious damage to Arthro Therapeutics, another user, the Healthcare Provider, Physiotherapist or a third party, Arthro Therapeutics is entitled to immediately block access to the Services.

7.4 Arthro Therapeutics is entitled at any time to block the User from the Services if the User, according to Arthro Therapeutics’ own judgement, is suspected of breaching the rules that apply for use of the Services or these General Terms and Conditions, or in any other way causes damage to Arthro Therapeutics, the Healthcare Provider, Physiotherapist, another user or other person.

7.5 In addition to what is stated above, Arthro Therapeutics is entitled at any time to cancel, terminate or remove all or parts of the Services, including, but not limited to, specific functions or content of the Services and material made available in the Services by the User. Arthro Therapeutics is not responsible for any direct or indirect damage that occurs as a result of the Services being changed, modified, terminated or restricted or that content or material in the Services is removed in any respect.

7.6 If you have any questions or complaints about the Service, please contact us first so that we can try to resolve the issue. You can reach our customer support team by email at [email protected] or through the in-app support function. We aim to acknowledge all complaints within 5 working days and to provide a full response within 30 working days or a reasonable time frame dependent on the investigation.

8. Third Party Services

8.1 In order to use parts of the Services, the User may be required to have access to such Third Party Services as Arthro Therapeutics instructs. Users are independently responsible for performing installation and updates of such Third Party Services as are required for the use of the Services, as well as guaranteeing that the use of Third Party Services with which the Services is associated, occurs in accordance with the terms and conditions for using the third party application.

8.2 Arthro Therapeutics is not responsible for errors and does not guarantee the functionality of Third Party Services. Faults in Third Party Services shall be reported directly to the Third Party Provider.

9. Intellectual Property Rights

9.1 Arthro Therapeutics owns all rights, including intellectual property rights to the Services, including but not limited to software and design, as well as all material and content generated in the Services. The User acquires no intellectual property rights to the Services or any of the material generated in the Services. All such material belongs to Arthro Therapeutics, including material made available by the User. This means, among other things, that Arthro Therapeutics remains the owner of all its intellectual property rights and distinguishing features, such as copyright, design protection, trademarks and other registered and non-registered rights. Nothing in the agreement shall be construed so that any of these rights is wholly or partly transferred to the User.

9.2 The User is not entitled to copy, reproduce, sell, license, distribute, modify, reverse engineer or otherwise make changes to the Services, nor make the Services, or parts of the Services, available to anyone.

10. Third-Party Services

10.1 The Services may link to Third-Party Services. Third-Party Services are outside the control and responsibility of Arthro Therapeutics. Arthro Therapeutics is not responsible for the content of Third-Party Services and is also not responsible for any damage that occurs in connection with the use of services found on Third-Party Sites.

10.2 Arthro Therapeutics urges the User and visitors to the Services who click on links to Third-Party Services to review the terms and privacy policy of those sites. Any use of materials, services or anything that is found on Third-Party Services occurs at the User’s own risk.

11. Handling of Personal Data and Cookies

11.1 We are committed to protecting your privacy and handling your personal data responsibly. For users located in the United Kingdom, we process personal data in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018, as well as any other applicable data protection laws.

11.2 Details of how we collect, use, store, and share your personal information are set out in our Privacy Policy. By using the Service, you acknowledge that you have read and understood that policy.

11.3 You have certain rights under UK data protection law, including the right to access, correct, delete, or restrict the use of your personal data, and to object to certain types of processing. You also have the right to lodge a complaint with the Information Commissioner’s Office (ICO), the UK’s data protection authority, at www.ico.org.uk.

11.4 If you have any questions about how your data is processed or wish to exercise your rights, you can contact our Support team at [email protected].

12. Compensation and Payment

12.1 The User pays compensation to Arthro Therapeutics for use of the Services. In some cases, the payment is made by the User’s provider in which the User is registered by the User’s Provider company. In this case, this will be specified in connection with the User’s registration of the Account. The User is obliged to pay compensation to Arthro Therapeutics from the time when the compensation is no longer paid by the User’s provider or the User’s insurance company, or for the part of the compensation to Arthro Therapeutics that is not covered by the User’s provider or the insurance company’s liability for costs under the agreement with Arthro Therapeutics.

12.2 The remuneration to be paid by the User consists of the prices stated for the Services from time to time. Payment is made either by direct payment via the User’s account or credit card, or against an invoice or direct debit. If payment is made against an invoice, payment must be received by Arthro Therapeutics no later than ten (10) days after the invoice date. If payment is delayed, interest on overdue payments will be incurred as specified in the Interest Rates Act (1975:635). Arthro Therapeutics is also entitled to charge the User a reminder fee and collection costs.

12.3 When registering a direct debit, Arthro Therapeutics’ compensation is deducted monthly, no later than the last working day of each month from the account specified by the User. The User is responsible for ensuring that, at the time of payment, there is cover on the account specified by the User. If there is no cover, Arthro Therapeutics will instead issue an invoice for the unpaid amount in accordance with the conditions above.

12.4 In case of repeated delays or in the event of a significant delay in payment, Arthro Therapeutics has the right to block the User from the Services.

13. Arthro Therapeutics’ Responsibility

13.1 It is the Processor with whom the User has contact, or alternatively their employer, who is the responsible healthcare provider;
If the Therapist is employed by a Healthcare Provider, the Healthcare Provider is the responsible healthcare provider.
If the Therapist is employed by Arthro Therapeutics, Arthro Therapeutics is the responsible healthcare provider.
If the Provider is a sole proprietorship contracted by Arthro Therapeutics, the individual Provider is the responsible healthcare provider.

13.2 Arthro Therapeutics does not provide any guarantees that the User’s possible illnesses or conditions will be cured or otherwise improved through the use of the Service. The Service is not intended to replace the medical care or treatment that takes place, or should take place, in physical presence. The User is independently responsible for the contact and the information provided to the Healthcare Provider or the Treater. The User is independently responsible for seeking medical care or otherwise coming into contact with the healthcare system in the event of illness or injury. Furthermore, the Service is not intended for the treatment of acute injuries or diseases. Arthro Therapeutics urges the User to, in the event of acute illness or injury, contact the nearest hospital or other healthcare provider directly.

13.2.a Self-care does not constitute healthcare. This means that healthcare legislation, such as the Health and Healthcare Act (2017:30), the Patient Act (2014:821) and the Patient Safety Act (2010:659), do not apply to the extent that use of the Service constitutes self-care. All self-care is carried out at the User’s own risk.

13.2.b Within the framework of the Service, the User may also take part in Joint Academy Groups, which is an optional function where the User can share their own goals and set common goals together with other users with similar problems. The same liability limitations apply to Joint Academy Groups as to the rest of the Service. No care is provided through Joint Academy Groups. The User is advised to always turn to the responsible Treater in the first instance and contact him/her for individualized advice. Arthro is not responsible for information from other users of Joint Academy Groups.

13.3 Unless otherwise stated in the circumstances, Arthro Therapeutics is not liable to pay compensation for, among other things, but not exclusively, loss of income, loss of data or other direct or indirect damages and costs of any kind whatsoever that are directly or indirectly due to the User’s use of the Service, the material found in the Service or other users’ use of the Service. The limitation of liability therefore also applies to the User’s possible liability to third parties. For the avoidance of doubt, this does not apply to any patient compensation in the event that Arthro Therapeutics is a healthcare provider.

13.4 Arthro Therapeutics’ total liability for damages shall, unless there is intent or gross negligence, be limited to three (3) times the price base amount applicable at the time the damage occurred. In order to be enforceable, the user’s request for compensation must be made within two (2) months of the damage being discovered or should have been discovered.

14. Force Majeure

With the exception of cases where a party has acted with gross negligence, a party is always exempt from liability for breaches of the agreement caused by events outside the party’s control, such as lightning strikes, fire, power outages, strikes, war, mobilisation or extensive military call-up, requisition, seizure, state provision, measure adopted by a public authority, newly introduced or amended legislation, labour-market conflict and comparable circumstances.

15. Communication and Contact Information

The User accepts that all communications from Arthro Therapeutics, including but not limited to messages and other information for the purpose of the Services, may take place electronically. Users have the option to contact Arthro Therapeutics, taking into account the following information:

Arthro Therapeutics AB
Malmö
Stortorget 31
211 34 Malmö
Sweden

Phone: +46 406550292
Email contact for the UK: [email protected]

16. Notifications

Arthro Therapeutics has the right to send messages to the User through the Services. Such messages shall be deemed to have been received by the User in connection with Arthro Therapeutics making the message available to the User in the Services.

17. Change of Terms

Arthro Therapeutics reserves the right to amend or supplement these General Terms and Conditions at any time. Any changes will come into force no later than seven (7) days after the change has been published on the Services, or the User has been made aware of the change in some other way. The user is deemed to have accepted the new terms if use of the Services takes place after these seven (7) days have expired.

18. Carbon Reduction Plan

Joint Academy strives to reduce its carbon footprint by promoting digital healthcare services and supporting employees to work remotely. By enabling digital care and remote work, we can reduce the need for physical meetings and transportation, which in turn contributes to lower carbon emissions. Digital alternatives for documentation and communication are promoted to reduce printing and paper use. Electronic invoices are encouraged instead of paper invoices to reduce paper consumption.

19. Applicable Laws and Dispute Resolution

These Terms of Use and any dispute or claim arising out of or in connection with them shall, for users located in the United Kingdom, be governed by and construed in accordance with the laws of England and Wales.

You may bring legal proceedings in respect of the Services in the courts of England and Wales. If you live in Scotland or Northern Ireland, you may also bring proceedings in your local courts.

For users outside the United Kingdom, these Terms of Use shall be governed by Swedish law and disputes shall be settled by the courts of Sweden, with Malmö District Court as the first instance.