Terms of use of the OmaHohde Service of Hammas Hohde Oy

1. APPLICATION

These terms of use apply to the use of the OmaHohde service (hereinafter “Service”) of Hammas Hohde Oy (hereinafter “Company”). The use of the Service requires that a person registering a user account with the Service (hereinafter “User”) accepts the terms of use of the Service, as in force from time to time, and complies with such terms of use at all times when using the Service.

The User must also comply with the terms of use of the Company’s web site.

These terms of use are applicable to the OmaHohde web service and the mobile application. The web service and the mobile application may differ from each other. Mobile applications offered for different mobile platforms may also differ from each other.

The User must review these terms carefully before starting to use the Service. As these terms of use may be updated in accordance with Section 14, Users are advised to review the terms of use regularly.

2. ACCEPTANCE OF THE TERMS OF USE AND REGISTRATION TO THE SERVICE

The User accepts these terms of use when registering to the Service for the first time.

Registering and logging in to the Service requires that the User is identified using a strong identification method, such as the Tupas identification service, a Mobile ID or another strong identification service accepted from time to time by the Company.

After registration and the User’s first login, the User may use a biometric identification to log in to the Service. The User may enable the use of biometric identifications from the settings of their device.

The User must register and log into the Service with their own name, personal information and identifiers. Giving false information while registering to the Service and while using the Service is strictly forbidden. The User is solely responsible for the correct use of the User’s user account.

The Company has the right to reject a registration, cancel a registration or to cease to provide the Service to anyone at any time and for any reason.

3. REGISTERING TO THE SERVICE BY A MINOR OR A LEGALLY INCOMPETENT PERSON

A legally incompetent person cannot register to the Service, but such person’s guardian or legal representative can register to the Service and use the Service on the behalf of the person, if such guardian or legal representative has the right to decide on the medical procedures performed on the legally incompetent person and to have access to such person’s medical documents under the Act on the Status and Rights of Patients (785/1992, hereinafter “Patient Act”).

A person using the Service on the behalf of the User undertakes to comply with these terms of service, as well as any other terms and conditions applicable to the Service while using the Service. The User remains however, the contracting party of the agreement concerning the use of the Service and remains responsible for all use of the Service under the User’s user credentials.

For example, the parents of a minor are mutually responsible that their child’s user account is used in accordance with these terms of use and in accordance with the Patient Act so that both parents have access to information in accordance with the Act.

4. RIGHT TO USE THE SERVICE

A User has the right to use their user account in the Service for their own personal use.

The Service may be used on the behalf of a User by a person that has the right to use the Service their behalf as described in Section 3. In addition, when the Service allows so, the User may authorize another person to use the Service on their behalf. The User may revoke their authorization at any time.

The Company has the right to confirm the identity of a person using the Service at any time. The Company may, for a grounded reason, revoke a person’s right to use the Service. A grounded reason may be, for example, uncertainty over the person’s right to use the Service on the behalf of a User.

A User may revoke their guardian’s or legal representative’s right to use the Service on their behalf when the User becomes fully legally competent or when the User reaches a level of development or competence that the User may independently decide on the treatment given to the User.

The User, or the person using the Service on the behalf of the User, is at all times responsible for the use of the Service in accordance with these terms of use at all times.

The User must notify the Company immediately, if the User suspects that the Service is used on the User’s behalf against their authorization or other instruction, or in breach of these terms of use.

5. PURPOSE OF THE SERVICE AND ITS USE

The Service is intended to be used for managing of the User’s own health data and other data as made possible by the Service from time to time. Through the Service, the User may, for example, review a part of the information concerning their health stored to the Company’s patient register, receive reminders related to the Company’s services, provide information related to their health to the Company and manage the information related to their business with the Company.

The Service contains useful health related information as well as information regarding the Company’s services targeted to the User. The Service also contains marketing related to the services of the Company and its partners.

The Service is not intended to be used to replace a medical diagnosis or a health evaluation done by a medical professional, and the Service is therefore not intended to offer any advice on the health of the User by a medical professional. For example, the Service does not contain all information regarding the User stored in the Company’s patient register. The Company has the right to decline to provide information regarding the User stored in the Company’s patient register through the Service for any reason.

Certain features or functionalities of the Service may allow interaction concerning a medical diagnosis or an assessment of a health condition between the User and a medical professional (such as a dentist or a dental assistant). Information concerning the User obtained through such interaction may be stored, in accordance with applicable laws, to the patient register of the Company, separately from the Service.

The purpose of the Service is to support other services provided by the Company, and the Service is intended to support self-care by the User, as well as to carry out follow-ups. The User has, however, the sole responsibility for their own health while using the Service. When making decisions affecting the User’s health, the User must base such decision on their own judgment. Unless expressly evident from the context to the contrary, the User shall not consider any information received from the Service as a medically reasoned suggestion or instruction to take any action to better their health, or to treat or to prevent any sickness, injury or ailment. When the User agrees so with a medical professional, and when the Service so enables, the Company or a person employed by the Company may communicate general and personal information regarding the User’s treatment, if such information could otherwise be delivered to the User via telephone, mail or email. The User must, however, always contact a dentist when they require an assessment on their oral health or treatment, or preventive care related to their oral health.

The information contained in the Service may also contain assessments of a medical nature or forecasts on the User’s future health. The Company assumes no liability on the accuracy of such assessments or estimates or their realization.

The Service cannot be used to transfer information to other registers, such as the Company’s patient register or registers of third parties, without the contribution and consent of the User. The Service may be used, however, to update information to the Company’s or third parties’ registers as allowed by the Service, the Company’s data protection practices, and the applicable legislation as in force from time to time. For example, any changes in the User’s contact information or to the User’s consents can be given through the Service may be stored in the Company’s customer register. The User cannot however add, change or remove (either by the User, by the Company or by a third party) any medical documents concerning the User. As the Service and the user account are personal for the User and as the information added by the User to their account does not automatically come to the attention of medical professionals, the User must separately inform any medical professionals taking part in the User’s treatment of any illnesses, allergies, injuries and other factors possibly that may affect the User’s treatment.

The User represents and warrants that no illegal or otherwise improper information is sent to or from the Service and that the Service is not used contrary to applicable laws. The User shall use all reasonable efforts to ensure that such sent information does not contain viruses and is not harmful in any other way.

6. REMOTE RECEPTION AND CHAT SERVICES

The Service may contain features that enable interaction between an oral health professional (dental assistant, dental hygienist or a dentist) and the User.

If the User uses a video reception service, the User must take care of the protection of their personal data and medical data by using a private space free of disturbances during the video reception. The use of remote services through the Service may require the acceptance of additional terms and conditions applicable to such services and compliance with the same.

7. PAYMENTS AND FEES

The use of the Service may be subject to a fee. The fees applicable to paid parts of the Service and/or pricing mechanisms, as well as other terms concerning the payment, fee and other fulfilment of the agreement are notified to the User in context with such paid parts of the Service. The User must pay any payments and fees in accordance with the price list as in force from time to time or as otherwise notified to the User.

The User is solely responsible for all costs incurred by the User for the use of the Service.

If the User uses third-party services through the Service, such third-party services are subject to their third-party price lists and terms and conditions.

8. CONTENTS OF THE SERVICE AND SERVICES OF THIRD PARTIES

Information presented in the Service is not an offer, suggestion, undertaking or other expression that binds the Company unless expressly stated to the contrary.

Third-party services, or links to such services, may be offered or provided through the Service. The User may use third-party services through the Service or through links provided through the Service, but any agreement for the provision of such third-party service is formed between the User and the third party, and the Company is not a party to such agreement.

Prior to using third-party services, the User must separately accept the services’ terms of use. The Company assumes no liability whatsoever as regards the correctness of information provided by such third parties, the contents, availability and functioning of such third-party services, or material that has been published on third parties’ web sites or that is transferred to the Service from third parties’ services or web sites. Links to third-party web sites shall under no circumstances form a legal relationship between the Company and such third parties.

A User may, with their express consent, either upon request or by other contribution, allow the transfer of their personal data and other data from third party services to the Service to the extent enabled by the Service from time to time. The User may also transfer personal data and other information from the Service to third parties’ services to the extent enabled by the Service from time to time. The Company may only transfer personal data contained in the Service to third parties with the express consent of the User.

9. USE OF PERSONAL DATA AND OTHER DATA

The Company processes personal data in accordance with the EU General Data Protection Regulation (2016/679) and the Data Protection Act (1050/2018), the Patient Act and other appliable legislation, as well as in accordance with the User’s consent, and ensures the User’s privacy when processing personal data.

The Service may be used store, with the User’s consent, either upon request or by other contribution, sensitive personal data and other personal data of the User from the Company’s patient register and other register and from third parties’ registers. In addition, the User may input information to the Service as enabled by the Service from time to time. Information is not obtained from third parties without the express consent of the User. User information is stored in the Company’s Customer register. The information concerning the User collected through the Service do not form a patient register or a part thereof, but the Company’s patient register is its own separate register.

All personal data is collected or processed through the Service subject to the Company’s privacy policies of its customer and patient registers and of the Service. The policies contain information, among other things, on the User’s rights regarding the processing of the User’s personal data.

The information contained in the Service is only visible to the User itself. Any other person than the User, their legal representative or other person authorized to use the Service on the behalf of the User shall have no right to see the information contained in the User’s user account without the express consent of the User.

Personal data and contact information of the User cannot be used for marketing purposes, including for the targeting of marketing, without the User’s consent. Should the User wish to receive direct marketing concerning the Company or third parties, the User may give their express consent for such marketing in the Service. The Company has, however, the right to contact the User via telephone or email in matters related to treatments based on their patient relationship.

The User is responsible for the correctness of any information provided to the Service by the User. Upon becoming aware of any incorrect or incomplete information, the User shall either correct or complete such information immediately or inform the Company of the incomplete or incorrect information.

For the avoidance of doubt, third parties’ privacy policies are applicable to third-party services.

10. INTELLECTUAL PROPERTY RIGHTS OF THE SERVICE

All intellectual property rights to the Service, its contents, its look and feel and to all material available in the Service, belong to the Company or to third parties. The copying, printing, distribution, conveying, changing, linking to other websites and any other commercial exploitation and making available for the public of such materials is forbidden without the Company’s consent.

The User may, however, print and save the material available from the Service for their own private use. If any material is quoted in accordance with the Copyright Act (404/1961), the source must always be noted. Any trademarks or trade names included in the Service may not be copied, published or distributed without the written consent of the Company.

11. LIMITATION OF LIABLITY

The Company provides the Service on an “as is” and “as available” basis. The Company does not guarantee that the Service is available without interruption or error. The Company gives no warranty whatsoever on the availability, error-free nature, reliability or contents of the Service. The Company shall not be liable towards the User or towards any third party of the contents, accuracy, possible mistakes, deficiencies or delays of the information contained in the Service. The User shall be responsible for ensuring that it has a functional connection and the adequate technical means and programs to use the Service. The User is responsible for the security and functionality of the devices and software the User uses.

The purpose of the Service is to support the management of the information related to the User’s personal health and to support the User’s health and its possible improvement. The Service is not intended to be used to replace a medical diagnosis or health assessment by a medical professional, and the Company shall in no way be liable for any action taken by the User based on information received from the Service, unless mandated otherwise by applicable legislation. In accordance with the aforesaid, the Company is not liable for any problems related to the User’s health, including without limitation sickness, handicap, injury or death resulting from changed habits inspired by or related to the Service.

The Company shall not be liable in any way for direct, indirect or consequential damages caused by the Service or its interruption, even when having been advised of the possibility of such damages. The Company is not liable for any costs incurred by the User due to changed or lost information, nor for the costs of its re-creation. Furthermore, the Company is not liable for damages, if the compliance with these terms of use would be against the Company’s obligations under applicable legislation. The liability of the Company is limited to the minimum required by mandatory Finnish law.

12. FORCE MAJEURE

A Party is not liable for damages caused by non-performance of its obligations caused by an unusual or unforeseeable reason beyond its reasonable control. The Party must demonstrate the existence of such reason.

A Party invoking force majeure must notify the other party as soon as possible of the existence of a force majeure. The Company can notify the existence of a force majeure affecting the Company for example on its web site or in a national newspaper.

13. TERMINATION AND CANCELLATION OF THE SERVICE

A User may cancel the provision of the Service by notifying the Company of the matter within 14 days of the User’s registration to the Service and of the User’s acceptance of these terms of use.

The right to cancel any possibly available payable parts of the Service or their subscription is 14 days. A right of cancellation does not exist, however, if the Service has been fully performed or the supply of digital content has been started prior to the termination of the cancellation period by the consent or request of the User.

The User may terminate the Service and close their user account within the Service at any time by notifying the Company of the matter. The Company shall close the user account within a reasonable time.

The Company may close the User’s user account in the Service for a grounded reason, if the use of the Service affects the Company, the User or a third party in an adverse way or if the Service has otherwise been used contrary to these terms of use. The Company has the right to terminate a User’s user account in the Service, if fees for payable parts of the Service have not been paid.

All unpaid fees become due immediately when the Service is terminated. Paid fees are non-refundable.

When the Service is terminated, the Company removes all personal data and other data of the User from the Service. The User is at all times solely responsible for taking backups of their information in the Service prior to the termination of the Service.

14. CHANGES TO THE TERMS OF USE

The Company may change these terms of use. A change becomes effective after a reasonable amount of time, however no less than 30 days, from the Company’s notice. If the User does not accept the changed terms of use, the User can decline the terms by terminating the Service and closing their user account in accordance with these terms of use, prior to the changes becoming effective.

15. APPLICABLE LAW AND JURISDICTION

These terms of use are subject to the laws of Finland.

Any disputes concerning these terms of use shall be primarily resolved by negotiations between the parties. If the dispute cannot be resolved by negotiations, the dispute may be resolved in the district court of Helsinki or the district court of the locality in Finland where the User is domiciled or where the User’s permanent residence is.