PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE APPLICATION. BY USING THE APPLICATION, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT INSTALL OR USE THE APPLICATION.
Apps made available through the App Store & Play Store are licensed, not sold, to you. All right, title, interest, ownership, and intellectual property rights in and to the Licensed Application and all copies, modifications, enhancements, and derivative works of the Licensed Application vest in and belong to Paindrainer AB.
Your license to each App is subject to your prior acceptance of the end user license agreement (“EULA”) between you and the Application Provider.
Your license to the Paindrainer App under this EULA is granted by the Application Provider (“Paindrainer AB”), a Swedish corporation with a place of business at Medicon Village, SE-223 81 LUND, Sweden. Any App that is subject tothis EULA is referred to herein as the “Licensed Application.” Paindrainer ABreserves all rights in and to the Licensed Application not expressly granted toyou under this EULA.
a. Medical disclaimer
Paindrainer AB is not a licensed medical care provider, and the Licensed Application is not intended to replace professional medical advice or diagnosis, or treatment of any illness or medical condition.
The Licensed Application is not intended for urgent communication. In case of an emergency, call 911.
You are responsible for your own health and for discussing your symptoms with a suitable doctor. Please consult with your doctor or other qualified healthcare provider before making any decisions or taking any actions that may affect your health and safety.
You understand that the Licensed Application is not an emergency monitoring service of any kind. You should never delay seeking professional medical advice, disregard medical advice or discontinue medical treatment because of information on the app. Always consult with your healthcare professional if you have any questions or concerns about your health or condition or you experience any changes in your condition or health status.
b. Scope of License
For purposes of this section, the term “use” shall mean the right to run, execute and display the Licensed Application in executable form only. Paindrainer AB grants to you a nontransferable license to use the Licensed Application on any Apple-branded and Android-branded products that you own or control and as permitted by the User Terms in the Terms & Conditions applicable for the Licensed Application.
The terms of this EULA will govern any content, materials, or services accessible from the Licensed Application as well as updates, new versions or releases provided by Paindrainer AB that replace or supplement the original Licensed Application, unless such updates or future releases is accompanied by a new EULA.
Paindrainer AB reserves the right to modify and change system requirements and the specification for future versions of the Licensed Application. Paindrainer AB does not guarantee the Licensed Applications future compatibility with operating systems that are no longer maintained by the operating system software provider.
c. Restrictions of license
You shall not
i. use the Licensed Application for any third-party use, including sub-license, sell, resell, rent, lease, loan, supply, publish, distribute, or redistribute, transfer, assign, disclose or otherwise commercially exploit or make it, or any portion thereof, available to any third party. If you sell your Apple Device or Android Device to a third party, you must remove the Licensed Application from the Apple Device or Android Device before doing so;
ii. modify, tamper with, change, alter, edit, translate, repair, adapt or make derivative works based upon the Licensed Application;
iii. copy, reproduce, publish, disassemble, decompile,de-obfuscate or reverse engineer, or attempt to decompile, de-obfuscate or reverse engineer (to the extent permitted by applicable law), attempt to derive the source code of, modify, emulate, or create derivative works of the Licensed Application;
iv. copy any ideas, features, functions, or graphics of the Licensed Application;
v. access or use the application in a way to avoid incurring fees or exceeding usage limits or quotas or to circumvent or render inoperable any usage restriction features contained in the Licensed Application;
vi. use the Licensed Application for any illegal activity or malicious attack;
Unless applicable law says otherwise, or the rules for using open-source parts in the Licensed Application allow it, the restrictions mentioned above apply.
d. Consent to Use of Data
You agree that Paindrainer AB may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application.
Paindrainer AB may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provideservices or technologies to you.
As between you and Paindrainer AB, you shall be the owner of all Data, provided that you hereby grant to Paindrainer AB a perpetual, irrevocable, non-exclusive, non-transferable (except as expressly provided in this Agreement), non-sublicensable (except as expressly provided in this Agreement), royalty-free, world-wide license to
i. access, use, copy, and display Data for Paindrainer AB’s internal purposes related to the provision of the Licensed Application;
ii. process Data to create De-Identified Data derived from such Data;
iii. access, use, copy, display, distribute, transmit, publish, and create derivative works of such De-Identified Data, and such derivative works, for Paindrainer AB’s internal and commercial purposes; and
iv. sublicense to its employees, agents, contractors, partners, customers, and end users the rights to access, use, and display such De- Identified Data, and such derivative works, for Paindrainer AB’s internal and commercial purposes.
e. Term and termination
This EULA is effective until terminated by you or Paindrainer AB. Your rights under this EULA will terminate automatically if you fail to comply with any of its terms.
Any terms of this EULA that in writing extend beyond termination of this EULA shall remain in effect until fulfilled.
The Term of this Agreement is co-extensive with the Terms & Conditions under which you have been authorized to use the Licensed Application and will continue so long as such Terms & Conditions remains in effect unless this Agreement is terminated earlier by you or Paindrainer AB (the “License Term”).
f. Subcontractors
You hereby consent to our engagement of third parties (including Paindrainer AB’s affiliates) to perform, or support the performance of, all or any portion of the Paindrainer service or the Paindrainer website.
g. Limitation of liability
To the extent not prohibited by law, in no event shall Paindrainer AB be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use of or inability to use the licensed application, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if Paindrainer AB has been advised of the possibility of such damages.
Some jurisdictions do not allow the limitation of liability for personalinjury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall Paindrainer AB’s total liability to you for all damages (other than as may be required by applicable law in cases involvingpersonal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essentialpurpose.
NOTE THAT PAINDRAINER AB IS NOT RESPONSIBLE NOR CAN BE HELD LIABLE FOR THE ADVICE GIVEN BY ANY EXTERNAL HEALTHCARE PROVIDER IN THE CONTEXT OF THE PAINDRAINER SERVICE. THE REFERRING OR PRESCRIBING HEALTHCARE PROFESSIONALS ARE SUBJECT TO APPLICABLE HEALTHCARE LAWS AND REGULATIONS.
h. Export restrictions
You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported
(a) into any U.S.-embargoed countries or
(b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List.
By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
You acknowledge that the Licensed Application may be subject to domestic and/or foreign provisions and regulations regarding export control and, without exportor re-export authorizations from the competent authorities, may not be sold, leased or otherwise transferred or used for a purpose other than the agreed upon. You agree to comply with such provisions and regulations.
i. Governing law and dispute resolution
The performance of this Agreement shall be governed by and construed in accordance with the domestic laws of New York. The parties agree that under no circumstances shall the Uniform Computer Information Transactions Act (UCITA), or any version thereof, apply to this Agreement. The United Nations Convention on the International Sale of Goods shall not apply to this Agreement.
Any dispute or claim, except for disputes relating to the infringement of Paindrainer AB’s intellectual property rights or the access or use of the Licensed Applicationin violation of this Agreement (a “Claim”), will be resolved by binding arbitration, rather than in court. The arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings will be governed by the American Arbitration Association’s (AAA) Commercial Arbitration Rules. To begin an arbitration proceeding, you must send us a notice of dispute, in writing, setting forth your name, address and contact information, the facts of the dispute and relief requested. You must send your notice of legal dispute to us at the following address: [email protected].
The arbitration will be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, the parties will split equally all AAA and arbitrator’s fees and expenses. If for any reason a Claim proceeds in court rather than inarbitration, such Claim shall be brought in a court of competent jurisdiction in New York, both parties agree to accept and submit to the personal jurisdiction of such court, and you and Paindrainer AB each waive any right to a jury trial. In no event will any Claim, or any other action or proceeding byyou be instituted more than one (1) year after the cause of action arose. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and Paindrainer AB each agree to the exclusive jurisdiction of the Federal and State courts located in New York, and you and Paindrainer AB each agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable dispute or claim.
j. Disclaimer of warranties
The service, the software and the documentation are provided to user on an "as is, where-is and as-available" basis and without warranty of any kind of any kind or nature whatsoever. No oral or written information or advice given, or other statement made by Paindrainer AB or any Paindrainer affiliate is effective to create any warranty or other liability or obligation contrary to this disclaimer. User expressly agrees that use of the service, the software and the documentation is at user's sole risk.
To the extent allowed by applicable law, Paindrainer AB hereby disclaims any and all other representations, warranties, conditions or guarantees, of any kind or nature whatsoever, whether express, implied, statutory or otherwise, with respect to any aspect of the service, the software and the documentation, including, but not limited to, as to the condition, value, qualities, provision, operation, use, results or workmanship thereof, or the absence or correction of any defects therein, whether latent or patent.
Paindrainer AB specifically disclaims any representations or warranties of merchantability, accuracy, non-infringement, title, or fitness for a particular purpose, as well as any representations or warranties arising from any course of dealing, usage, or trade practice. Paindrainer AB makes no warranty or representation that the service, the software and the documentation, or any aspect of the condition, value, qualities, provision, operation, use, results or workmanship thereof, will meet user's requirements, will be continuous, uninterrupted or error free, will be accurate or complete, will be completely secure, or will not be susceptible to unauthorized access, intrusion or attack by third parties or to infection by computer virus or other malicious or injurious code. In no event shall Paindrainer AB or any Paindrainer affiliate be liable for the consequences of any interruptions, errors, inaccuracies, incompleteness or unauthorized access, intrusion, attack, or infection, or of any failure to meet user's requirements, whether or not the party in was notified, advised, or warned, or otherwise knew or should have known, of any such requirements or the possibility of any such consequences.
YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, UNDERSTAND ALL SUCH TERMS AND CONDITIONS AND AGREE TO BE BOUND THEREBY.
k. Effective date
January 17, 2024
