These Terms form an agreement between Sonohaler ApS, a company registered in Denmark, and any person or organisation (User or you) using our Sonohaler asthma inhaler device, Sonohaler Mobile Application (App) or other products and services (Services).  You may accept these Terms by using our Services, registering as a User, providing your consent in the App, or by another form of agreement we make available.  The primary Users are Sonohaler device users and anyone assisting them, but these Terms also apply to other Users such as medical clinics and health care providers, unless we have agreed different terms.    

In addition to these Terms, our Privacy Policy applies to your use of the Services.  We may notify you of additional terms applying to particular Services we make available; in which case those terms apply together with these Terms.  We may change these Terms and the Privacy Policy by updating them on our website from time to time, and your continued use of our Services constitutes your consent to the updated terms.

Accounts

If you create an account in the App or our website, you are responsible for providing us with accurate information, maintaining the security of your account, and for all activities that occur under the account. You must pay us for any Services purchased using your account, using a payment method we make available.  We may, but have no obligation to, monitor and review new accounts before you may sign in and use our Services.  Please notify us promptly of any unauthorized uses of your account or any other breaches of security. We may suspend, restrict, disable, or delete your account for security, App integrity or policy reasons, to make upgrades or changes, if you breach these Terms, or if your conduct or content is offensive or damaging.

Links to other mobile applications

The App may be used in conjunction with third party services such as payment platforms and application hosting services, and may refer to or link to other mobile applications not provided by Sonohaler.  By making such third-party services, links and information available, we are not implying any approval, association, sponsorship, endorsement, or affiliation with them, unless specifically stated. We do not assume any responsibility for the actions, products, services, and content of such third parties. Your linking to any other mobile applications is at your own risk.

Prohibited uses

You must not use the App or our Services (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (e) to submit false or misleading information; (f) to upload or transmit viruses or malicious code, circumvent security features or otherwise detrimentally affect our App, the Service, other Users or any other mobile application; (g) to collect or track the personal information of others; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape information; or (i) for any obscene or immoral purpose..

Intellectual property rights

Use of our Services does not transfer to you any intellectual property owned by Sonohaler or third-parties. All rights, titles, and interests in and to such property will remain (as between the parties) solely with Sonohaler.  We or our licensors own all trademarks, service marks, graphics and logos used in connection with our App or Services.  Sonohaler retains ownership of all data and outputs generated by or in relation to our Services, subject to our Privacy Policy and applicable laws.  You may use data you obtain from the Services solely for legitimate purposes relating to your use of the Services.  You may not sell, commercialise or sub-license such data, or use it for marketing.

Limitation of liability

Our App and our Services are offered without any guarantees as to how they are used or will perform, and are not a substitute for medical advice and supervision.  To the fullest extent permitted by applicable law, Sonohaler and our affiliates, officers, directors, employees, agents and suppliers are not liable to any person for any direct or indirect damages however caused, under any theory of liability, including contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Sonohaler has been advised as to the possibility of such damages or could have foreseen such damages. To the extent permitted by applicable law, the aggregate liability of Sonohaler and our affiliates, officers, employees, agents, suppliers and licensors will be limited to the refund of any amounts actually paid in cash by you to Sonohaler prior to the first event or occurrence giving rise to such liability. You agree to indemnify Sonohaler and its affiliates, directors, officers, employees, and agents against any liabilities or costs claimed by any third-party as a result of or relating to your use of the App or Services or any willful misconduct on your part.

Disclaimer

We do not provide assurances or warranties as to the safety, quality, performance standards or outcomes of the use of the App or the Sonohaler device.  In providing the App and device, and information and instructions for their use, Sonohaler will take reasonable care, but we are not aware of participants’ individual medical needs and circumstances.  As with any device used near the mouth, there is some risk of choking or swallowing, and care should be taken.  You should always follow the advice of your medical adviser, and discontinue use of the device if any problems arise.

General

Severability – All rights and restrictions contained in these Terms shall be applicable only to the extent allowed by applicable laws. To the extent that a provision is illegal, invalid or unenforceable, it shall be read down or severed so that the remainder of the Terms continue to apply to the fullest extent possible.

 Jurisdiction and governing law – The Terms and any disputes arising out of the Terms shall be governed by the laws of Denmark, which shall be the exclusive jurisdiction and venue for any claims or actions The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Assignment – we may assign these Terms to a successor in title to our business or any part of it, in which case the successor may exercise these Terms in the same way as Sonohaler.

 Termination – we may withdraw, suspend or cease providing any or all of the Services at any time.  If so, we will endeavour to provide advance notice to Users via our website or the App, but do not guarantee it.