Neko Health AB provides the www.nekohealth.com website and the Neko Health application as well as other websites and applications (collectively, the "Application").
NH Consumer Services AB provides health examinations with a risk assessment as detailed in the Application (the "Services").
These conditions ("Terms and Conditions") apply when Neko Health AB and NH Consumer Services AB ("we") provide the Services to you as a customer ("Customer" or "you"), and for the use of the Application. Our provision of the Services and use of the Application is also governed by our privacy policy.
In order to access the Services, you are required to register a user account in the Application ("Account"). In order to register an Account, you must be at least 18 years old and be able to identify yourself with BankID.
By registering an Account, or otherwise using the Application, or accessing the Services, you enter into an agreement with us (the "Agreement") and accept that these Terms and Conditions apply to the Agreement.
The Services are not intended to replace regular visits to healthcare providers/doctors for medical advice or information on diagnosis and treatment but should be seen as a complement. Do not postpone seeking medical advice because of the Services. In case of urgent problems, you must seek emergency care.
The Services may involve the use of medical devices that are not CE marked for their intended use. In order for you to access the Services using such equipment, you must agree to participate in a clinical study. The conditions for such participation are stated in connection with the relevant Service.
Currently, this applies to the Neko Body Scan service, where the following four clinical studies are ongoing. Neko Health AB is the principal investigator for three of the studies DermaFlowAlpha, CardioAlpha and Spectrum 1. The fourth study, HeartWaves HJN, is conducted in collaboration with Danderyd Hospital. The studies are financed by Neko Health AB. More information about the studies can be found here: https://www.nekohealth.com/kliniska-studier.
You can withdraw your consent to participate in a clinical study at any time via your Account in the Application or by contacting us during visits or by contacting us at gdpr@nekohealth.com.
If you do not agree to participate in a clinical study, we will not be able to provide the relevant Service.
Before we perform the Service, you will be asked to answer a number of questions about your health and medical history and current lifestyle, in order to provide a basis for the doctor's assessment.
In connection with the performance of the Service, you will be asked to confirm that you have provided correct and complete information and that the conditions for us to perform the Service are met. You can read more about these conditions here: https://www.nekohealth.com/exclusion-criteria-sv .
That you provide the information we request is a prerequisite for us to be able to provide the Services to you. Hence, we reserve the right to refuse to perform the Service if we assess that we lack the necessary information, or if the conditions for the performance are otherwise not met.
We shall provide the Services and the Application in accordance with the Agreement and applicable law and shall perform our obligations with appropriate and authorised personnel.
We may, for example, in case of high demand for our Services, refer you to HJN Proaktiv Hälsovård AB for the performance of the Service, and may also otherwise use subcontractors to provide the Services and the Application. In such case, we are responsible for the subcontractor's fulfilment of its obligations under the Agreement.
However, we are not responsible for any information, websites or services that may be accessible to you through the Application that are not provided by us.
We are responsible for ensuring that all our doctors have the right appointments, Swedish licenses and adequate insurances.
You must comply with the terms and conditions of the Agreement and adhere to the agreed appointment times or performance of the Service.
You must follow the instructions given by our staff in connection with the performance of the Service.
You are responsible for providing correct and complete information to us, and for allowing us to use and process information provided by you regarding the Application and Services for the purpose of providing the Application and Services under the Agreement.
You are responsible for all activities that occur in the use of your Account or as a result of your access to or use of the Application. If you suspect that information relating to the access to your Account has come to a third party’s knowledge, you must notify us immediately.
You may only hold one Account at a time.
You may not use the Application in a way that may interfere with the functionality of the Application or cause us harm. You are responsible for not using or allowing the use of your Account or information about you on the Account for any purpose that may violate applicable laws or regulations, or ethical rules or guidelines.
You are obliged to correct inaccurate information provided by you. We have the right to delete or block access to information provided by you that is not compatible with the Agreement.
We may suspend access to your Account or your use of the Application if you breach any provision of the Agreement or if we determine that the Application is at risk of a security or functionality threat. We will inform you of such suspension to the extent reasonably possible.
We reserve the right to refuse the registration of a new Account in the event of a previous breach of the Agreement leading to suspension.
The current prices for the Services are shown in the Application. Price changes do not affect purchases already made.
Payment for the Services is made via the Application in advance unless otherwise specified.
The payment service is provided by Stripe, Inc. Stripe's privacy policy can be found here https://stripe.com/en-de/legal/privacy-center. The payment options available are shown when you connect to the payment service.
We do not charge a fee for payment via the payment service, but depending on the payment option chosen, additional charges may apply as set out in the terms and conditions of the payment option.
We reserve the right to refuse a refund of payment in advance for the Service if you cancel the visit later than 24 hours before the agreed appointment, or if you are more than 5 minutes late or if you do not show up for the appointment.
From time-to-time, we may issue different kinds of "Invitation Codes". An Invitation Code is a code that can be used to book an appointment for the performance of a Service and/or obtain a discount on a Service. Depending on the kind of Invitation Code, the Service may be free of charge for the recipient of the Invitation Code. The number of times that can be booked via an Invitation Code may be limited.
An Invitation Code shall not be considered to have any monetary value and cannot be exchanged for any other Service or compensation in any form.
An Invitation Code may not be transferred for a fee.
We reserve the right to withdraw or invalidate an Invitation Code at any time and without prior notice.
When you purchase any of our Services via the Application, you always have a 14-day right of withdrawal from the purchase, or a right of withdrawal until the time when the Service is to be performed if the Service is agreed to be performed within 14 days of purchase (the withdrawal period). If the right of withdrawal is exercised late, we reserve the right to refuse a refund, see section 7.5.
To exercise your right of withdrawal, you can contact us at hello@nekohealth.com. You can also use the Swedish Consumer Agency's cancellation form which you can find here: https://publikationer.konsumentverket.se/kontrakt-och-mallar/angerblankett.
In order to practically manage your cancelled purchase and register it in our systems, you may need to log in to your Account. Please let us know if you want help with cancelling your purchase as described above and we will help you further.
Regarding Neko Scan, if you are not fully satisfied with the Service for any reason, you can notify us in writing within 7 days of the Service being performed and we will make a full refund.
Refunds are made to the same card and Account you used to make your payment. Refunds are usually made within 7 days, but it can take up to 15 days for the refund to appear in your Account.
Invitation codes used for payment are not refundable.
We aim for the Application to be functional and available to you. However, you understand that the Application and its features may change from time to time and that we do not guarantee any particular functionality or availability.
If you consider that we have not fulfilled our obligations, you must notify us in writing and without undue delay, by contacting us at hello@nekohealth.com. When doing so, you must inform us of what you consider to be incorrect. If it is an error for which we are responsible, we will primarily rectify or remedy the error by performing the deficient commitment correctly or taking other appropriate corrective actions, as we deem appropriate.
If you are dissatisfied with the Application, you can also contact the Swedish National Board for Consumer Disputes (sv: Allmänna reklamationsnämnden (ARN)), Box 174, 101 23 Stockholm, or the European Commission's online platform for dispute resolution (ODR): https://ec.europa.eu/consumers/odr/main/?event=main.home2.show. We do not undertake to participate in an alternative dispute resolution procedure but will take a final position on the matter in the event of a dispute arising.
Unless otherwise provided by law, we have no liability for errors or circumstances caused by your failure to comply with the Agreement, or any liability for any lost or destroyed data or information.
If you are dissatisfied with the care we have provided, you can contact our insurance company https://www.dina.se/ and if you are not satisfied with a decision regarding patient injury, you can contact the Patient Injury Board: https://www.patientskadenamnden.se/nytt-arende/.
Any use of the Application other than that expressly authorised by this Agreement is prohibited and may also constitute a criminal offence and give rise to liability for damages.
We, or third parties from whom we obtain rights, own and shall retain all rights to the Application. These rights include registered, unregistered, existing, and future potential intellectual property rights, including trademarks, patents, patterns, designs, software, copyright, know-how and other similar intellectual property rights, whether or not registrable, in the Application. No such rights are transferred by us, and nothing in the Agreement shall be construed as transferring such rights to you.
All data and information generated in the context of our provision of the Application and the Services, and which can be used by us for the purpose of analysing, improving and developing the Application or the Services is our property, with the exception of information that constitutes personal data.
Our processing of personal data is carried out in accordance with our Privacy notice.
The Agreement is valid as long as you have an Account, otherwise use the Application or access the Services.
You can choose to cancel your Account at any time by contacting us at hello@nekohealth.com.
We have the right to terminate the Agreement with immediate effect, including terminating your Account, in the event of a serious or repeated breach of the Agreement.
You understand that our provision of your Account and the Application does not include any obligation for us to store information about you other than as required to provide the Services. You will not be able to access your Account or any information about you in the Account when your Account is terminated. However, we are required to retain certain information by law, as set out in our Privacy notice.
The expiration or termination of the Agreement for any reason whatsoever shall not affect the respective rights and obligations of the parties arisen during or prior to such termination, nor shall it affect the continued validity of any provision expressly or implicitly intended to remain in force after such termination.
Each party is free from liability for failure to fulfil its obligations under this Agreement due to circumstances beyond its control. War or warlike acts, government restrictions, pandemic, fire, strike, lockout, prohibition, failure of public communications or external networks or any other circumstance of equivalent importance shall be considered a force majeure event, provided that the affected party notifies the other party of the event in writing and without delay.
We may at any time and without prior notice decide to modify or liquidate the Services. If so, we are entitled to cancel an appointment for performance of the Service or terminate access to the Services. We will provide information about this in writing. In such case, any compensation that you have paid in advance for the Service concerned will be refunded to you.
We have the right to make changes to these Terms and Conditions. We will notify you of such changes in writing before the change takes effect. By continuing to use the Application or access the Services after the change has come into force, you are deemed to have accepted the change.
Our written notices to you will be sent by email or SMS according to the information you have provided via your Account or, in relation to changes to the Services or these General Terms and Conditions, via the Application.
Your written communications to us should be sent to the following e-mail address hello@nekohealth.com.
You may not transfer or assign your rights or obligations under this Agreement without our written consent. However, we are free to assign the Agreement in whole or in part provided that we inform you of the assignment in writing. We are also free to transfer or assign our right to payment.
The Agreement constitutes the parties' complete agreement on all matters covered by the Agreement. All written or oral commitments and representations made prior to the Agreement are superseded by the contents of this Agreement.
For defined terms, the definite form shall be considered to include the indefinite form of the word and vice versa and the singular shall be considered to include the plural and vice versa.
This Agreement shall be governed by Swedish law, without application of conflict of law principles.
Disputes arising from this Agreement shall be settled in the Swedish courts.