END-USER-LICENSE AND TERMS OF USE COLOPLAST MYOSTOMY[FB1] APPLICATION
Coloplast A/S, a Danish company with company reg. no. 69749917 and the registered address Holtedam 1, 3050 Humlebæk, Denmark (“Coloplast”) provides the Coloplast MyOstomy application (“App”) licensed to the end-user (“User” or “You”).
END-USER-LICENSE
Coloplast hereby grants the User a revocable, non-exclusive, non-transferable, limited license to download, install and use the MyOstomy App, solely for personal, non-commercial purposes strictly in accordance with the Terms of Use set out below.
TERMS OF USE
By using the MyOstomy App You agree to be bound and abide by these Terms of Use applicable from 1st April 2021 and any later amendments hereto.
This App is intended for ostomy users offering customised advice and inspiration during daily life fit to ostomy users’ need by enabling Users to read educational content, set personal goals, track achievements and build motivation.
Use
If You experience any problems using the App, please contact Coloplast in Your local market. Contact details for Coloplast in Your local market are available at https://www.coloplast.com/global/contact-us/
This App is provided for Your own personal use. You are not allowed to copy or modify the App or any part thereof or Coloplast’s own or licensed trademarks in any way. You are not allowed to attempt to extract the source code of the App, and You are not allowed to translate the App into other languages or make derivative versions.
If You give Your consent to Coloplast’s data privacy notice, Coloplast may store Your personal data in accordance with Coloplast’s Data Privacy Policy available in the application menu and Your Data Consent.
Updates
Coloplast pushes firmware updates to the App when relevant.
The App will be updated when Coloplast considers it necessary. Coloplast recommends that You install all updates to ensure that the App will function correctly and will be kept up to date.
It is Your own responsibility to check for version updates from the Apple App Store or Google Play Store and download the new versions as soon as possible.
The App is designed for smartphones that use the operating system iOS (Apple) and Android. The App requires at least iOS version 14 (iPhone 6s and upwards) or Android version OS 9.0 for its design to be supported. Software version requirements may change to support future designs or developments in the App. The App does not support smartphone accessibility settings, including but not limited to, vision, interaction, hearing, media, and learning.
Intellectual property rights
The App is owned by Coloplast and is protected by applicable intellectual property law and other laws, including but not limited to copyright, trademarks, Patents, design, etc. This also includes text, graphics and icons. Coloplast reserves all intellectual property rights in the App.
Disclaimers and limitation of liability
You can learn more about the App functions in the “About” sections in the application menu.
Coloplast does not provide medical professional advice and use of the App is not professional medical advice. You should always talk to Your doctor or another qualified health care provider for diagnosis and treatment and other medical related questions requiring an authorised health care provider.
To the furthest extent permitted under applicable law,
- Coloplast hereby disclaims all liability arising directly or indirectly from use of the App,
- the information in the App is provided “as is” and without any warranty expressed or implied, and
- all direct, indirect, special, incidental, consequential or punitive damages arising from any use of the App or data contained therein is disclaimed and excluded.
Coloplast does not guarantee, represent or warrant that Your use of the App will be uninterrupted or error-free, and You agree that from time-to-time Coloplast may remove the App for shorter and/or indefinite periods of time, or cancel the App at any time, without notice to You.
Changes
Coloplast reserves the right at any time to modify these Terms of Use and to impose new or additional terms or conditions on Your use of the App. Such modifications and additional terms and conditions will be effective immediately and incorporated into these Terms of Use. Your continued use of the App will be deemed acceptance thereof.
Governing law and venue
These Terms of Use, including any disputes arising out of the use of the App, are governed by and construed and enforced in accordance with the substantive law of Denmark and the venue of any judicial dispute shall be the courts of Denmark.
Version: 1.0©2021