Aidian Connect EULA

Aidian Connect Terms of Use (ToU)

1.1. Registration and Acceptance

The Aidian Connect Software is a companion application to QuikRead go® analyzers offered by Aidian Oy, business ID 1855216-1, Koivu-Mankkaan tie 6 B, 02200 Espoo, Finland.

Before you start using the Aidian Connect application (“Service”), you guarantee that you are legally permitted to use the Service according to the laws of your home country. This Terms of Use (“Agreement” or “Terms”) is a legal agreement between Aidian and you. By accessing or using the Service you acknowledge and agree that you have read, understood, and agree to be bound by these Terms and Aidian Connect Privacy Statement. If you are using the Service on behalf of a company or other legal entity, such entity may have a separate agreement with us, but you are nevertheless individually bound by this Agreement.

IF YOU DO NOT ACCEPT THESE TERMS, DO NOT ACCESS AND / OR USE THE SERVICE.

Effective date: March 1, 2020.

1.2 Intended Use

The Service is a companion application for QuikRead go® instruments. It is intended for use by healthcare professionals to view and share instrument generated results, to add result management related information, and to help quality control data management. The Service is available for use on supported Apple iOS and Android devices.

The Service is not intended to be used for storage of permanent records.

1.3 Conditions of Use and End User License

Aidian grants you the right to use the Service solely to enable the intended use as described above. The Service is licensed, not sold by Aidian. Subject to compliance with Terms and the applicable laws in force in the jurisdiction where the Service is used, Aidian grants you solely for the Terms, a limited, non-exclusive, non-transferable license, without rights to sublicense, to download, install and internally use the object code of the Service. This license is revocable at the sole discretion of Aidian. Specifically, you agree to:

  • not use the Service for any other purpose than its intended use described above;
  • ensure that your use of the Service complies with all applicable local laws and regulations;
  • ensure that adequate physical and administrative safeguards are in place to prevent unauthorized access to the device that the Service is installed on;
  • ensure that network infrastructure used for data transfer to and from the Service or system follow adequate data protection principles;
  • ensure that the Service is not used to share or transmit personal data in a way that is not compliant with applicable law or regulation;
  • not to post or save in the Service any kind of unlawful material or material that infringes on the rights of any other party, including intellectual property, copyright, privacy, and other rights;
  • not to circumvent any technical measure, modify, alter, adapt, translate, reverse engineer, reverse compile, dissemble, decompile or otherwise attempt to discover or derive source codes, algorithms or underlying ideas from the binary code of the Service except to the extent expressly permitted under the applicable law or create any derivative work based on the Service;
  • not to disclose, sell, rent, lease, time share, market, commercialize, sub-license or otherwise assign, transfer, disclose or distribute the Service or otherwise use the Service or information derived from the Service in any manner inconsistent with or not expressly permitted under the Terms.
  • not to try to abuse the service or any of its features in attempt to cause damage to the provision of the Service or to the Service itself;
  • not to attempt to re-engineer any part or component of the Service;

1.4 Intellectual Property

The Service and all rights, including without limitation intellectual property rights therein, are owned by Aidian and/or its licensors and protected by applicable intellectual property laws. The structure, organization, algorithms and code of the Service are valuable trade secrets and confidential information of Aidian and/or its licensors.

    1.5 Data Protection and Privacy

    Aidian is committed to the high standard of data protection and privacy set forth by the EU's general data protection regulation (GDPR). Aidian has implemented measures to ensure the confidentiality of the Service.

    Aidian acts as the data controller with respect of its Customers’ personal data that may be collected from you during registration, provision of QuikRead go® analyzers or provision of the Service.

    The Service is intended for use by Aidian’s Customers such as medical centers, hospitals, healthcare organizations or healthcare professionals (“Customer”), to view and share instrument generated results e.g. patient data, to add result management related information, and to help quality control data management (“Result data”) and to train the personnel of the Customer (“Training data”). The Customer is the data controller of the Result data and the Training data. Aidian acts as a data processor in respect of such personal data. Therefore, please read the relevant data controller’s e.g. employer’s privacy notice for more information on your personal data processing.

    Aidian maintains the right to use data derived from the use of the Service, in an anonymized, consolidated and aggregated manner to improve, develop and modify the Service and to market services.

    For more information on how Aidian processes data, please see the Aidian Connect Privacy Statement.

    1.6 Technical Support not included

    Aidian has not obligation to provide any technical support services under these Terms unless separately agreed in writing. Terms do not give you any rights to any upgrades to the Service or to any extensions or enhancements to the Service developed by the Aidian at any time in the future.

    1.7 Term and Termination

    The Terms becomes effective by clicking an “accept” button or a logical equivalent and/or installing the Service. Your rights granted under these Terms terminate automatically without further notice from Aidian, if you fail to comply with any terms or conditions of these Terms. Aidian may terminate this Agreement immediately should the Service become, or in Aidian’s opinion be likely to become, the subject of a claim of infringement of a trade secret or intellectual property rights.

    In the event of termination, you must destroy or return at your own cost the Service, including all back-up copies and related documentation provided by Aidian.

    1.8 Disclaimer of Warranties

    To the extent permitted by the applicable law, you acknowledge that the Service is provided "as is" without warranties of any kind, express or implied, and Aidian and its licensors hereby disclaim all representations or warranties, express or implied, including but not limited to the warranties of merchantability or fitness for a particular purpose or non-infringement. Neither Aidian nor its licensors warrant that the functions contained in the Service will meet your requirements or that the operation of the Service will be uninterrupted or error-free. You assume all responsibility and risk for the selection of the Service to achieve your intended results and for the installation, use and results obtained from it.

      1.9 Limitation of Liability

      To the maximum extent permitted by applicable law, in no event will Aidian, its affiliates or subsidiaries and its licensors be liable for any lost profits or business opportunities, loss of use, business interruption, loss of data (whether direct or indirect), or any indirect, special, incidental, punitive or consequential damages under any theory of liability, whether based in contract, tort, negligence, product liability, or otherwise. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, but may allow liability to be limited, in such cases Aidian, its affiliates or subsidiaries or its licensor’s entire liability shall be limited to EUR 50.

      1.10 Changes to Terms

      The Terms may be modified from time to time. Whenever the Terms are modified, you must accept the new terms in order to continue using the Service. Your continued use is also interpreted as accepting the Terms. Whenever the Terms are updated, you are notified through the Service, through your stored contact information, or through any other channel. Aidian is not obliged to notify of the changes and you should therefore review these Terms regularly to stay up to date on any changes.

        1.11 Governing law and dispute resolution

        This Agreement will be governed by the laws of Finland. The United Nations Convention for the International Sale of Goods shall not apply. Any dispute, controversy or claim arising out of or relating to these Terms or the breach, termination or validity thereof shall be finally settled by arbitration in accordance with the Arbitration Rules of International Chamber of Commerce. The arbitration shall be conducted in Helsinki, Finland, in the English language. The award shall be final and binding on the parties.

          1.12 Contact

          If you have any questions about our Terms, please contact us by e-mail connect@aidian.eu.