Tandem Health provides a personalizeddocumentation service that allows users to transcribe and document patientconversations using an application on an internet-connected computer, tablet,or phone. The service aims to facilitate the creationof medical records for healthcare providers. The service is available onlinevia web browser and requires an internet connection.
The service is provided by Tandem HealthAB (org.nr 559444-6857). These General Terms and Conditions govern the useof the Service. As used in these Terms of Use, "Tandem", "ourService" or "Service" means the digital documentation serviceprovided by Tandem Health AB.
For the purposes of this Agreement, the terms set out below have the following meanings:
User: Any employee or contractor of the Customer who uses the Service
Agreement: The Agreement with the associated appendices and supplements between the Customer and the Supplier, whereby the Supplier undertakes to provide the Service to the Customer
Confidential information: Information that is subject to confidentiality or professional secrecy in accordance with the Public Access to Information and Secrecy Act (2009:400) or the Patient Safety Act (2010:659).
Service: The services that the Supplier shall provide to the Customer under the Agreement, which are further specified in the Service Description.
Service description: The description of the content and scope of theService that is an appendix to the Agreement, according to which the Providershall provide the Service
The Secrecy Act: The Act (2020:914) on Confidentiality in Connection with the Outsourcing of Technical Processing or Storage of Data.
2.1 The supplier must provide the service on an ongoing basis during the contract period. The service shall be performed and provided in a professional manner.
2.2 The Supplier undertakes to provide the Customer with support as needed during regular business hours (support@tandemhealth.ai) and to provide the Service with an uptime of 99% on a quarterly basis, excluding periods of permitted downtime. The Provider is responsible for maintaining and updating the Service so that it remains functional and secure in accordance with applicable standards and practices in IT and healthcare. The permitted downtime for the Service, for maintenance and updates, is between the hours of 21:00 & 05:00 CET. This scheduled downtime is not counted in the uptime calculation. The Supplier undertakes to inform the Customer in advance as far as possible of any major planned interruptions that occur during these times.
3.1 The Customer obtains a non-transferable and time-limited right to use the Service in accordance with the terms of thisAgreement. This right is limited to the number of users and the contract period specified in the Agreement.
3.2 A user account is intended for each user's personal use. The user must not give others access to the account. To help maintain control of the account and to prevent unauthorized users from accessing the account, the user should maintain control of the devices used to access the service and not disclose the password or details associated with the account to anyone. The user is responsible for providing and maintaining accurate information about your account.
3.3 Tandem may terminate or block an account if necessary to protect the user, Tandem, or our partners from identity theft or other fraudulent activity.
4.1 The Customer is responsible for having the necessary hardware and software to use the Service. To access the Service, access to the internet and a prepared device are required.
4.2 The customer may only use the service in their own business.
4.3 The Customer undertakes to use the Service in accordance with applicable laws and regulations and in accordance with the instructions and guidelines provided by the Provider. The Customer is responsible for its Users' use of the Service and shall ensure that they do not use the Service in a way that may be considered misuse or that harms the Provider's rights.
4.4 In particular, the Customer and the users for whom the Customer is responsible, except in cases where expressly approved by Tandem, may not:
(i) circumvent, remove, modify, disable, impair, block, obscure, or defeat any of the Content Protection Policies or other portions of the Service;
(ii) use any robot, spider, scraper, or other automated means to access the Service;
(iii) decompile, reverse engineer, or disassemble any software or other products or processes available through the Service;
(iv) insert code or product or manipulate the content of the Service in any way;
(v) use any method of data mining, data collection or extraction;
(vi) upload, post, email, or otherwise transmit or transmit any material designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Service, including software viruses or any other computer code, files, or programs.
4.5 Tandem reserves the right to terminate or limit Customer's use of the Service if Customer or the users for whom Customer is responsible violate these Terms of Service or engage in illegal or fraudulent use of the Service.
4.6 The Customer may not wholly or partially assign or pledge its rights and/or obligations under this Agreement without the Supplier's written approval.
5.2 The Customer is responsible for ensuring that the necessary intellectual property rights, such as copyright to computer programs and rights of use according to license agreements, exist for theCustomer's software, and that these allow the Supplier the right to use the Customer's software in the Operating Environment for the provision of theService in accordance with the Agreement.
5.1 The Provider guarantees that the Provider holds the intellectual property rights, such as copyright to computer programs,rights of use according to license agreements, etc., that are required for the provision of the Service. The Supplier is also responsible for ensuring that the Customer has the right to use the Service in accordance with the Agreement.
Any improvements, innovations or developments made by Tandem Health AB, either alone or together with the Customer, will be and remain the property of TandemHealth AB. Customer shall have no rights to such improvements, innovations or developments.
TheProvider is not liable for any indirect or consequential damages arising from the use or inability to use the Service. The Supplier's aggregate liability under this Agreement, for any reason or action, is limited to the total amount paid by the Customer to the Supplier during the six (6) months preceding the event giving rise to the claim.
8.1The parties are exempt from penalties for failure to perform certain obligations under this Agreement, if the failure is due to a so-called exonerating circumstance of material importance. According to this agreement, e.g. government action, new or amended legislation, labour market conflict, blockade, fire, flood, loss or destruction of data or property of significant importance or accident of major importance shall be considered as an exonerating circumstance. If a party wishes to request an exemption on the basis of exempt liability, the party must inform the other party without unreasonable delay of this in order to invoke the circumstance.
8.2 The Parties agree that in the event that new legislation, regulation or legal developments change the Parties' legal rights or obligations or affect either Party's ability to perform its obligations under this Agreement, the Parties will negotiate in good faith the terms of this Agreement in order to comply with the new developments in order to continue the business relationship between the Parties.
9.1 This Agreement shall be governed by and shall be construed and applied in accordance with the laws of Sweden, excluding conflict of law rules. Any disputes arising in connection with this Agreement shall primarily be resolved by mutual agreement of the parties. If the dispute cannot be resolved through negotiation, it shall be settled through arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce(SCC). The seat of the arbitration shall be Stockholm, Sweden and the language of the proceedings shall be Swedish.
9.2 The parties undertake and agree that any arbitration proceeding as set forth above shall be treated as strictly confidential, and all information disclosed during the proceeding as well as the information relating to the proceeding as such and the content of any decision made by the SCC shall constitute confidential information and shall be treated in accordance with the confidentiality provisions of this Agreement.