1.1 Arthro Therapeutics provides cloud-based services for support based self-treatment of arthritis. The Service provides communication, education and treatment tools for healthcare providers and recipients of care. The Service consists of a digital platform where people suffering from arthritis can use the Program and continuously receive education and treatment suggestions for support based self-treatment. Through the Service, the User can also interact with licensed Physical Therapists and Physicians.
1.2 Arthro Therapeutics enters into agreements with Healthcare providers, independent authorized Physical Therapists and employed authorized Physical Therapists who access the Service and contact Users through the Service.
2. General and Definitions
The natural person registered as a user of the Service.
The individual user account registered by the User for the use of the Service.
Arthro Therapeutics, Inc., a Delaware corporation, and its parent company, Arthro Therapeutics AB, Swedish company registration number: 556941-9210.
A private or public healthcare provider or unit under a healthcare provider, e.g. a health center, having an agreement with Arthro Therapeutics for the use of the Service, and User communication through the Service.
The natural person who has joined Arthro Therapeuticss’ network of licensed Physical Therapists and who the User communicates with through the Service. The Physical Therapist is either an independent contractor or an employee of the Healthcare provider or Arthro Therapeutics.
The natural person who has joined Arthro Therapeutics’ network of licensed physicians and who the User communicates with through the Service. The Physician is either an independent contractor or an employee of the Healthcare Provider or Arthro Therapeutics.
The information provided to the User upon registration of the Account and that are required to access the Service.
An interactive and evidence-based six-week program for treatment of arthritis developed by Arthro Therapeutics. The Program is provided electronically through the Service.
The Service consists of a digital software platform where the User participates in the Program and may interact with the Physical Therapists. The Service is provided by Arthro Therapeutics through the Website and the Application.
The websites owned or administrated by Arthro Therapeutics including, but not limited to, www.jointacademy.com and the websites though which the Service is available.
The mobile application through which the Service is made available for the User.
Third Party Application
A software or service provided by a party other than Arthro Therapeutics and where the rights belong to a party other than Arthro Therapeutics or a company within the same group as Arthro Therapeutics or that according to the Terms shall be regarded as a Third Party Application.
Third Party Website
A website that belongs to a third party and that is referred to on the Website or in the Application.
Anonymous information/data created in connection with the User’s use of the Service.
3. The Service
3.1 The Service is a digital software platform through which the User contacts Physical Therapist for online guidance regarding the Program. The User is able to use the Service after the Program has ended to obtain individual suggestions for long-term support based self-treatment of his or her arthritis.
4. The Program
4.1 The Program, developed by Arthro Therapeutics, rests on evidence-based science and derives from the project “Better Management of Osteoarthritis Patients”. During the Program the User receives suggestions of individual exercises. The User is provided interactive coaching by Physical Therapists connected to the Service.
4.2 At the commencement of the Program the User has an opportunity to send the Physical Therapists requests about interaction during the term of the Program. The Physical Therapist may also send the User a request to undergo the Program. The Physical Therapist or Healthcare providers the User interacts with may be limited, and the Program may be limited due to existing agreements between Arthro Therapeutics and the Healthcare providers, and between the Healthcare providers and the User’s insurance company.
4.3 The Physical Therapist accepting a request to interact with a User during the Program shall be the User’s first line support throughout the whole Program. The Physical Therapist shall provide the User with guidance and coaching during the time the User uses and participates in the Program. Each Physical Therapist acts on behalf of a Healthcare provider you specify, and not on behalf of Arthro Therapeutics.
5.1 The User is provided access to the Service through the Website and the Application. Use requires a User has a registered Account on the Website or in the Application, and that the registration is approved by Arthro Therapeutics. To register an Account, the User has to accept these Terms and agrees to receive an e-mail confirmation to the e-mail address provided by the User.
5.2 Only natural persons with legal capacity over the age of 18 are entitled to register an Account. The Account is personal and may only be used by the User. Several registrations under different Accounts are not allowed. In connection with the registration, the User shall undergo an online-based test that aims to document the User’s medical condition. Only the Users who, after the test, are found to have a documented medical condition are able to use the Service.
5.3 By registering, the User confirms that the User has the capacity to enter into a binding agreement and that the necessary information provided by the User is correct, valid and complete in all parts. The User must ensure that the information in the Account is current and valid at all times. If the User’s information changes, the User shall immediately update the Account with the correct or new information. Arthro Therapeutics may, at its own discretion, at any time refuse a registration or cancel a registration. Additionally, Arthro Therapeutics is entitled to change the criteria for registration of an Account.
5.4 Upon registration the User will be provided Login information. The User cannot change the Login information, but may ask Arthro Therapeutics to change the Login information. The User must ensure the Account is only used by the User and is responsible for protecting the passwords and other Login information necessary for the use of the Service, from any unauthorized access. The User shall immediately inform Arthro Therapeutics in the event of any unauthorized access to information that the User is responsible for protecting.
5.5 The User is entitled to revoke or close the Account at any time by contacting Arthro Therapeutics through the contact details in this document or by following the instructions on the Website or in the Application. Thereafter Arthro Therapeutics will confirm the User’s request and without delay carry out the User’s request and close the Account.
5.6 The agreement is valid as long as the User has an active Account. The Account is regarded active until the day when (i) the User revokes or closes the Account, (ii) Arthro Therapeutics suspends the User from the Service or (iii) the Service is suspended by Arthro Therapeutics for other reasons.
The Use of the Service
6.1 Upon registration the User is granted a non-exclusive, non-transferable and fully revocable right to access and use the Service. The use of the Service shall be in accordance with these Terms. The User is also obligated to act in conformity with Arthro Therapeutics’ instructions regarding the use of the Service.
6.2 The User guarantees that the Service will not be used for purposes that violate applicable law or the Terms. The User is responsible for all activity under the User’s account. Arthro Therapeutics does not have any responsibility for any unauthorized use or access to the Account due to the User’s negligence.
6.3 The User is, in accordance with applicable law, personally responsible for all information and other content generated by and made available by the User to other users, Healthcare providers, Physical Therapists or third parties. The User will ensure that all information and content made available through the Service, except the information made available by Arthro Therapeutics, does not infringe any third-party rights, is not in breach of applicable law or in any other way risks harm to a third party. The User shall hold Arthro Therapeutics harmless for all claims directed towards Arthro Therapeutics or other from a third party due to the User’s use of the Service.
6.4 The User is obligated to follow the current safety instructions for the Service provided by Arthro Therapeutics. Arthro Therapeutics has the right to, at any time, change the safety instructions. The amended safety instructions become effective immediately when published in the Service. It is the User’s responsibility to remain updated with effective safety instructions.
6.5 If the Service is abused, the User shall compensate Arthro Therapeutics for any damages related to such abuse. The User shall also compensate Arthro Therapeutics for any damage related to all use of the Service that is not in compliance with applicable law or the Terms of this agreement.
7. Amendments, Updates, Limited Access to the Service
7.1 Arthro Therapeutics does not guarantee a continuous, uninterrupted or safe access to the Service. The Service may, at any time, be disturbed or affected by factors beyond Arthro Therapeutics control. Arthro Therapeutics does not guarantee the functionality or availability of the Service.
7.2 Updates to or new versions of the Service will be implemented to the extent Arthro Therapeutics deems appropriate. Arthro Therapeutics reserves the right to, without prior notice, modify or make changes of any kind to the Service or the way in which the Service is provided.
7.3 Arthro Therapeutics is, due to technical, maintenance, security, or legal reasons, entitled to take appropriate measures and actions, which might affect access to the Service. Arthro Therapeutics has the right to immediately suspend access to the Service, if the use of the Service seriously harms, or may seriously harm Arthro Therapeutics, another user, a Healthcare provider, a Physical Therapist or a third party.
7.4 Arthro Therapeutics has the right to at any time suspend a User from using the Service if the User in Arthro Therapeutics’ sole discretion, has violated the law and regulations for the use of the Service or the Terms or in any other way causes damage to Arthro Therapeutics, a Healthcare provider, a Physical Therapist, or another user or person.
7.5 Arthro Therapeutics has the right to, at any time, discontinue, terminate or remove all or part of the Service, including, but not limited to, specific features of, or content in the Service. The right above shall also apply to information and content that has been made available by the User in the Service. Arthro Therapeutics is not responsible for any damages, direct or indirect, due to the change, modification, termination or restriction of the Service or due to removal of content or information from the Service in any respect.
8. Third Party Applications
8.1 For the User to be able to use all parts of the Service, the User may have to access certain Third Party Applications specified by Arthro Therapeutics. The User has the sole responsibility to install and update such Third Party Applications that are needed for the use of the Service. It is the responsibility of the User to ensure that the use of each Third Party Application associated with the Service is in compliance with the terms for the use of such Third Party Application.
8.2 Arthro Therapeutics is not responsible for errors and deficiencies, and does not guarantee the functionality of Third Party Applications. Errors and deficiencies in any Third Party Application shall be reported by the User directly to the supplier of the Third Party Application.
9. Intellectual Property
9.2 The User may not copy, reproduce, sell, license, distribute, modify, decompile or otherwise make changes to the Service. Nor may the User make the Service, or part of the Service, available to or for third parties.
10. Third Party Websites
10.1 The Website and the Application may contain links to a Third Party Website. The content on Third Party Websites are beyond Arthro Therapeutics’ control and responsibility. Arthro Therapeutics is not responsible for the content on Third Party Website or for any damage arising out of the use of a Third Party Website.
12. Processing of Personal Information
12.2 As the User, you may at any time request information about the personal information related to you that is processed by Arthro Therapeutics by contacting Arthro Therapeutics through the contact details available in these Terms. The User is also entitled to withdraw and revoke consent regarding processing of personal information at any time. If the User withdraws consent to use its personal information, Arthro Therapeutics might not be able to continue providing the Service to the User. A request to withdraw consent shall be made in writing to one of Arthro Therapeutics’ addresses stated in the Terms, below.
13. User Data, Medical Records
13.1 User’s use of the Service, information and other data will be stored in the Service. The information includes, but is not limited to, information of the User’s illness, treatment, exercise and improvements provided by the User in a questionnaire. Arthro Therapeutics has the right to use and analyze the User data when using the Service, for example for statistical and scientific purposes. Arthro Therapeutics also has the right to transfer the data to third parties. The transfer to a third party will not, without the User’s consent, include the transfer of the User’s personal data.
13.2 The User understands, accepts and consents that all activities when using the Service are noted by Arthro Therapeutics in the medical records. Arthro Therapeutics is using the method of coherent records, meaning that several caregivers share the patients’ medical records. This means that all Healthcare providers and Physical Therapists using the Service have access to the User’s medical records in the Service. The above only applies as long as the User is a patient of the Healthcare provider or the Physical Therapist. The purpose of using coherent records is to enable the User to change from one Physical Therapist to another without having to enter new records.
13.3 The User may choose to be excluded from the coherent recording in the Service. The User may also require that certain information, wholly or partly, shall be excluded or not excluded from the coherent records.
14. Terms of Payment
14.1 User shall pay Arthro Therapeutics for the use of the Service. In some cases, the User’s insurance company pays the fee. If payment shall be made by an insurance company, this will be stated when the User registers an Account. The User is obligated to pay Arthro Therapeutics from the time the insurance company’s agreement with Arthro Therapeutics ends. If only parts of the payment are covered, the User shall pay the additional part that is not covered by the insurance company.
14.2 The payment amount is set forth in the prevailing pricelist available in the Service. Payment shall be made either directly through the User’s account or credit card, or against invoice or by direct debit payment. If payment is made against invoice, payment is due within ten (10) days after the invoice date. Late payment fees on overdue payment shall accrue at the rate of one percent (1.0%) per month overdue. Arthro Therapeutics also has the right to charge the User reminder fees and debt collection fees (including applicable attorney’s fees) for any overdue payments.
14.3 Upon registration of a direct debit payment, payment is withdrawn by Arthro Therapeutics from the account registered by the User on a monthly basis, usually on the last business day every month. The User is responsible for ensuring that there is a sufficient balance in the registered account at the time the payment is drawn. If the account balance is too low, Arthro Therapeutics will issue an invoice for the unpaid amount.
14.4 Arthro Therapeutics has the right to suspend the User from the Service if there are repeated delays, or a significant delay in payment.
15. Arthro Therapeutics’ Responsibility
15.1 Arthro Therapeutics is never to be seen as a Healthcare provider, it is always the contracted independent Healthcare Provider that bears the responsibility for treatment, advice or guidance.
15.2 The User acknowledges that Arthro Therapeutics does not guarantee that the User’s illnesses or other disorders will be healed or otherwise improved by the use of the Service. The Service is not intended to replace other healthcare or treatments that are, or should be, carried out in a personal treatment. The User has the sole responsibility for the contact with and the information given to the Healthcare provider or the Physical Therapists. The User has the sole responsibility to seek medical care or to contact with healthcare in case of illness or injury. And, the purpose of the Service is not to treat acute illness or injury. Arthro Therapeutics encourages the User to, in case of acute illness or injury, contact the nearest hospital or another healthcare provider.
16. Force Majeure
16.1 Unless the parties have acted with gross negligence, the parties shall be relieved from liability for breach of contract due to circumstances outside the party’s reasonable control, such as lightning, fire, power outage, strike, war, terrorism, mobilization or other large military conscription, requisition, confiscation, governmental actions or decisions, new or changed law, labor disputes or similar circumstances.
17. Contact Details
17.1 The user can contact Arthro Therapeutics at: Address: Arthro Therapeutics, Inc., 470 Ramona Street, Palo Alto, CA 94301, USA, or Arthro Therapeutics AB Västergatan 22 211 21 Malmö, Sweden. E-mail: email@example.com Telephone: 650 360 0982 or +46 (0)725 48 04 00
18.1 All notices under this agreement shall be delivered by personal service, prepaid registered mail or email to the most recent address given by the other party. A notice shall be deemed given: (i) in the case of personal service: at the time of service, (ii) in the case of prepaid registered mail: at the latest five (5) days after the date of mailing, or (iii) in the case of email: on the date the email was sent.
18.2 The User accepts that all communications from Arthro Therapeutics, including, but not limited to, messages and other information in connection with the Service may be made electronically and that Arthro Therapeutics has the right to notify the User through the Service. Such notice shall be deemed given when Arthro Therapeutics makes the notice available to the User through the Service.
19.1 Arthro Therapeutics reserves the right to, at any time, make amendments or additions to the Terms of this Agreement. Such changes enter into force, at the latest, seven (7) days after the amendments are published on the Website or in the Application or when the User in any other way became aware of the amendment. When using the Service after the end of the seven-day period the User shall be deemed to have accepted the new terms.
20.1 If any provision, or part thereof, in the Terms of the Agreement is held to be invalid or unenforceable, such provision shall be limited, modified or severed to the minimum extent necessary to eliminate its invalidation or unenforceability so that these Terms otherwise remain in full force, effect and enforceability.
21.1 The User may not, wholly or partly, assign or pledge its rights and obligations under this agreement. Arthro Therapeutics is at all times entitled to assign the rights and obligations under the agreement to any third party without the User’s consent.
22. Governing law and dispute resolution
23. How Old are You?
You must be at least 18 years old to use the Service. You warrant that you have the right, authority and capacity to enter into these Terms as a binding agreement. If you are 17 years old or younger, please ask your parent or guardian to open and operate an account with us on your behalf. If anyone under the age of 18 registers with us or provides any Content to us, the young person’s parent or guardian may contact us at one of the addresses listed below in the “Contact Us” section. We will delete the young person’s account and delete any Content provided by the young person.
24. Copyright Policy
Arthro Therapeutics respects the intellectual property rights of others and expects users of our Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law (including the US Digital Millennium Copyright Act or “DMCA” at 17 U.S.C. §512) and are properly provided to us. If you would like the benefit of your legal protections under the DMCA, please review the DMCA to ensure your compliance.
If you believe that Content has been copied in a way that constitutes copyright infringement or the infringement of other intellectual property rights, please send us a written request to remove the allegedly-infringing Content (“takedown notice”). Each takedown notice must be in English and include the following information:
Identification of the copyrighted work claimed to have been infringed. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled. Information reasonably sufficient to permit us to locate the material (e.g., if it is on the Arthro Therapeutics Website, a detailed uniform resource locator or “URL”)
Your contact information, including your postal address, telephone number, and an email address. A statement by you that you have a good faith belief that use of the Content or other material in the manner complained of is not authorized by the copyright owner or other owner, its agent, or the law.
A statement that the information in the notice is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner or other owner. A physical or electronic signature of the copyright owner, other owner, or a person authorized to act on their behalf.
On our receipt of a takedown notice, we may publish the takedown notice to the general public, or provide a copy of the takedown notice to the user that uploaded or provided the Content accused to be infringing (“Accused Content”). For any takedown notice that is subject to the provisions of the DMCA, the original provider of the Accused Content may have the right to send a notice to us (“counter notice”) demanding that the Accused Content be restored to the Services.
In compliance with the DMCA or other applicable law, we may implement any takedown notice by removing the Accused Content or other material from public view on the Services, and we may implement any counter notice by restoring the Accused Content or other material to public view on the Services. In either case, Arthro Therapeutics shall bear no liability to you or anyone else for the posting, removal or re-posting of any Accused Content.
Independent of the DMCA and any other applicable laws or regulations, we reserve the right to remove any Accused Content without prior notice, at our sole discretion, and without liability to you or anyone else. In appropriate circumstances, Arthro Therapeutics will also terminate a registered user’s account if we determine the registered user to be a repeat infringer. Our designated copyright agent for sending takedown notices and counter notices is:
Attn: Copyright Agent, Arthro Therapeutics, Inc., 470 Ramona Street, Palo Alto, CA 94301, USA.
25. Disclaimer of Warranties
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND, AS A RESULT, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
WE PROVIDE THE SERVICE AND ALL INFORMATION, INCLUDING THE CONTENT, ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS
WARRANTIES OR REPRESENTATIONS ABOUT OUR SERVICE OR THOSE OF OUR PARTNERS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR FEEL HARMED BY US, THE SERVICES, OR ANYTHING RELATED TO THE SERVICE, YOU MAY CLOSE OR TERMINATE YOUR ACCOUNT AND STOP USING THE SERVICES, AS FURTHER STATED IN THE TERMINATION PROVISIONS OF THESE TERMS. TERMINATION IS YOUR SOLE AND EXCLUSIVE REMEDY.
WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. WE DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR WITHOUT ERRORS. THE OPERATION OF THE SERVICE, INCLUDING THE WEBSITE, MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS. FURTHERMORE, WE DISCLAIM ALL LIABILITY FOR ANY MALFUNCTIONS, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET OR ANY OTHER NETWORK, AND FOR ANY OTHER REASON.
You agree to defend, indemnify and hold Arthro Therapeutics harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following alleged activities: (i) your Content or your access to or use of the Services; (ii) any alleged breach of these Terms; (iii) any breach, infringement, misappropriation or violation of any third- party right including without limitation any intellectual property right, publicity right, confidentiality, property right or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, any regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. We ask that you cooperate as reasonably requested by Arthro Therapeutics in the defense of any claim. Arthro Therapeutics reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim against Arthro Therapeutics without the prior written consent of Arthro Therapeutics, which consent Arthro Therapeutics may refuse in its sole discretion.
27. Limitation of Liability
SOME REGIONS, COUNTRIES AND OTHER JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
TO THE EXTENT PERMITTED BY LAW, NEITHER ARTHRO THERAPEUTICS NOR ANY OF OUR PARTNERS, OR ANY OF OUR RESPECTIVE SUBSIDIARIES, AFFILIATED COMPANIES, OFFICERS, EMPLOYEES, MEMBERS, DIRECTORS OR SERVICE PROVIDERS (“ARTHRO THERAPEUTICS AFFILIATES”) SHALL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES, IF ANY, YOU PAID ARTHRO THERAPEUTICS DURING THE CALENDAR YEAR IN WHICH SUCH EVENT IS CLAIMED TO HAVE OCCURRED, OR USD $100, WHICHEVER AMOUNT IS GREATER.
NEITHER ARTHRO THERAPEUTICS NOR ANY OF THE ARTHRO THERAPEUTICS AFFILIATES SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS OF USE, PROFIT, REVENUE OR DATA TO YOU, ANY ENTITY, OR ANY THIRD PERSON. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER (I) YOU BASE YOUR CLAIM ON CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, (II) WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR (III) THE LIMITED REMEDIES PROVIDED IN THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.
28. Effective Date and History.
These Terms were last revised: 1 January 2018.