This End User License Agreement (the “EULA”) is a legal agreement between You and Engaging Solutions AB, Reg. No. 559150-7354, with address Jagaregatan 4, 211 19 Malmö, Sweden (“Kind”), regulating Your use of the Kind Application (the “Application”).
The Application is intended to, among other things, enable You to communicate using the services provided by Kind. The term “You” refers to the holder of the smartphone or device who has activated the Application. Such a user of the Application, i.e. You, may be a “Premium User” or a “Regular User”. A Premium User is a person who uses the Application in his or her professional capacity on behalf of the entity which has entered into a software as a service license agreement (an “SaaS Agreement”) with Kind, and who has access to the Application’s premium services (the “Premium Services”). A Regular User is anyone else who uses the Application, e.g. as a patient or a relative to a patient.
By installing or otherwise using the Application, You agree to be bound by the terms of this Agreement. If You do not accept the terms of this EULA, You will not be granted access to use the Application. If You are not of legal age you will need to have parent or guardian consent to use the Application. Kind reserves the right to request such consent in writing at any time.
The license granted to You for the Application by Kind is limited to a non-transferable, non-exclusive license to use the Application on a device that You own or control. This license does not allow You to use the Application for any other purposes than what is put forth in this EULA.
You may not rent, lease, lend, sell, redistribute or sublicense the Application. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of the rights of Kind and its licensors. The terms of the license will govern any upgrades provided by Kind that replace and/or supplement the original Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Kind should not in any way be considered as a healthcare provider. The EULA should only be considered as a service agreement for the provision of a technical solution. For the sake of clarity, Kind does not assume any responsibility for any medical advice or medical services (or the quality of such) provided or performed through the use of the Application. You are solely and exclusively responsible for all information that You, by the use of the Application, post, display, transmit, process, share with others or in any other way handle by the use of the Application. You are responsible and shall bear all costs (including costs for mobile and internet traffic) for Your use of the Application.
You acknowledge and agree that the Application contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Application. No portion of the Application may be reproduced in any form or by any means. You shall not exploit the Application in any unauthorized way whatsoever. You further agree not to use the Application in any manner to harass, defame or otherwise infringe or violate the rights of any other party, and Kind and its suppliers are not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may send or receive when using the Application.
The Application contains content libraries, with content (“Content”) from various content providers (each a “Content Provider”). You acknowledge and agree that the copyright of the Content is the sole property of each Content Provider. The Content Provider does not warrant that the Content is suitable for any of Your purposes outside of the specific use/purpose for which the Content is made available in the Application. You do not have the right to re-distribute any part of the Content to third parties without the written approval by Content Provider, other than through the sharing, invite and social media functions provided for in the Application. Kind does not verify the accuracy or completeness of the Content and shall have no liability for any such claims relating to such Content.
You agree that Your use of the Application must comply with all applicable local, state, national, and international laws, and that You will not use the Application for any illegal purpose.
In the event of a claim against Kind or any of its suppliers as a result of Your use of the Application, You shall indemnify Kind and/or its suppliers for any amount payable by Kind and/or its suppliers pursuant to settlement or judgment and indemnify and hold Kind and/or its suppliers harmless from any other cost or loss incurred upon Kind and/or its suppliers as a result thereof.
For Regular Users, the use of the Application is free.
For Premium Users, Kind reserves the right to charge the Premium User or the entity which has entered into an SaaS Agreement with Kind for the Premium User’s access to the Premium Services, the price for which will be agreed upon between Kind and the Premium User or the entity which has entered into an SaaS Agreement with Kind in the applicable SaaS Agreement or another separate agreement.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE APPLICATION ("SERVICES") ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND Kind HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. Kind DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Kind OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Kind BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF Kind HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL Kind’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) UNDER THIS EULA EXCEED THE AMOUNT OF EUR 100. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
This EULA enters into force on the day when You download and install the Application and shall be valid until further notice. The EULA can be terminated by Kind at any time, by giving thirty (30) days’ notice. The EULA can be terminated by You at any time by uninstalling the Application. Upon expiration or termination of the EULA, You are no longer entitled to use the Application. If You act in breach of the EULA, Kind is entitled to terminate the EULA with immediate effect and claim compensation from You for any damage incurred upon Kind due to Your breach of contract. In addition, Kind is entitled to terminate the EULA with immediate effect if You are declared bankrupt, cancel Your payments or otherwise can be considered to be insolvent.
Kind may amend this EULA at any time by posting the amended terms on https://www.kind.app/eula or in the Application. To the extent permitted by law, such amendments shall be effective immediately upon posting. You agree to review the EULA periodically and Your continued access or use of the Application shall be deemed Your acceptance of the amended terms.
For Regular Users, this EULA constitutes the entire agreement between the parties relating to Your use of the Application.
For Premium Users, this EULA and the applicable SaaS Agreement constitutes the complete agreement relating to Your use of the Application. Kind reserves the right to stop a Premium User’s access to Premium Services if no agreement is reached, or in the event of non-payment of the Premium Services.
Kind reserves the right to change, add or remove functions in the Application. The EULA may not be transferred by You to a third party without Kind’s written consent. Kind is entitled to transfer the EULA to an affiliate within the Kind Group. Kind is further entitled to transfer the EULA to a third party as part of a transfer of Kind’s business related to the Application to such third party.
This EULA shall be governed by and construed in accordance with the substantive laws of Sweden without giving effect to the choice of law principles thereof. Any dispute, controversy or claim arising out of or in connection with this EULA, or the breach, termination or invalidity thereof, shall be settled by Swedish courts, with the District Court of Malmö as the court of first instance.
Engaging Solutions AB
211 19 Malmö