Terms & Conditions

I. GENERAL PROVISIONS 3

   1. Terms of Access 3
   2. Personal Account 3
   3. Intellectual property 3
   4. Restriction of use 4
   5. Amendment and suspension 4

II. ORDERS AND SALES OF PRODUCTS 5

   6. Products and Prices 5
   7. Order and purchase 5
   8. Delivery 6
   9. Right to withdrawals & Returns 6
   10. Product Warranty 7

III. FINAL PROVISIONS 8

   11. Data protection 8
   12. Liability 8
   13. Miscellaneous 8
   14. Applicable law, jurisdiction and venue 9
   15. Contact 9
   16. Amendments 9
   17. Translation 9

TERMS AND CONDITIONS

For the use of its Website available at https://aktiia.com (the Website), the Aktiia mobile solution ac-cessible on the App Store and Google Play Store (the Mobile Application), and the medical devices and/or services available through the Website, the Mobile Application or any other channel mentioned in these Terms and Conditions (T&C), which Aktiia SA provides, rue du Bassin 8a, 2000 Neuchâtel, Switzerland (we, our or Aktiia).

I. GENERAL PROVISIONS

1. Terms of Access

1.1 Acceptance.
Any access or use of the Website, the Mobile Application, or the services available through it (the Services), including ordering and purchasing medical devices (Products), are subject to this T&C. Anyone who accesses and/or uses the Website, the Mobile Application and/or the Services (a User or you) agreed to these T&C.
1.2 Personal prerequisites.
To use the Website, the Mobile Application or the Services, you must (i) be an individual who is 18 years or older; and (ii) provide the information required during registration.
1.3 Access.
You are responsible for procuring at your expenses the equipment and software (comput-er, software, telecommunication means, etc.) required to access the Website, the Mobile Application, and for the payment of any costs incurred through their use.

2. Personal Account

2.1 Account.
Certain features of the Website or the Mobile Application are only available to users hav-ing created a personal account (the account) and logged in to their account.
2.2 Accuracy.
You warrant that all information you provide in the registration process or otherwise is true and accurate. Therefore, you must keep such information up to date at any time.
2.3 Confidentiality.
You are responsible for the quality and confidentiality of your Account credentials and for the use that is made of your account, including any third party’s use, irrespective of whether you authorised such use or not. You are entirely liable for any losses and/or damages that may result from any such use. You must immediately notify us of any unauthorised access or use of your ac-count or any other breach of security.

3. Intellectual property

3.1 Title to IP.
Subject to Section 3.3 (User Content), we and our licensors own the copyright and all intellectual property rights in and to the Website, the Mobile Application, the Services, and the content published on it (the content).
3.2 Licence.
Subject to your compliance with these T&C and any additional applicable terms referred to on the Mobile Application, we grant you a non-exclusive, non-transferable, non-assignable, revoca-ble and limited license, without the right to sublicense the Mobile Application and the Content for your personal use, strictly to use the services in accordance with these T&C. Except as stipulated otherwise in these T&C, you are expressly prohibited from using the Mobile Application or the Services on be-half or for the benefit of any third party. We and/or our licensors reserve all rights on the Mobile Ap-plication, the Content and the Services not expressly granted herein.
3.3 User Content.
The Mobile Application allows Users to upload, publish or transmit content, such as log information, answers to the survey (the User Content). As long as your account is active, you can access your User Content via your Account interface. Ownership in the User Content you upload re-mains with you. We may use your User Consent to the extent required to provide, monitor and im-prove the Website, Mobile Application and Services. We will not share your User Content with other users or sell it to third parties. However, provided we use reasonable effort to anonymise it, we re-serve the right to reuse your User Content for scientific publications, to generate recommendations that are useful to other users, for developing and marketing new services and for statistical analysis; to this end, you hereby grant us a worldwide, free of charge, perpetual, irrevocable, transferable, assignable license, with right of sublicense, to use your User Content for those purposes. We reserve the right (but do not have the obligation) to adjust, refuse or remove any User Content at our sole discretion.
3.4 Third-Party Content.
The Website, the Mobile Application and the Services may contain content and/or software components developed, distributed and/or licensed by third parties (Third-Party Con-tent). Such Third-Party Content is licensed to you under the applicable terms and conditions of the respective third party. We will use our best efforts to identify any such Third-Party Content. Nothing in these T&C restricts, limits or otherwise affects any rights or obligations that you may have, or con-ditions to which you may be subject, under any applicable open source licenses to any open-source software which may be incorporated in and/or provided together with the Website, the Mobile Applica-tion.
3.5 Infringement.
Suppose you think that the Website, the Mobile Application, the content, or services provision infringe any copyright or other intellectual property right. In that case, you may at all times contact us through the Help Center / FAQ page available on our website and we will investigate your request.

4. Restriction of use

4.1 Obligations and Restrictions.
You must at all times comply with these T&C and all laws and regu-lations applicable to the use of the Website, the Mobile Application and the Services. Subject to man-datory law to the contrary, you are not allowed to: (i) use and/or access the Website, the Mobile Appli-cation for purposes other than those provided for in these T&C; (ii) copy, reproduce, frame, mirror, crawl, republish, modify, create derivatives of, any part of the Website, the Mobile Application, the Services and/or the Content; (iii) access or attempt to access the source code of the Website or the Mobile Application, attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Website, the Mobile Application or their infrastructure; (iv) introduce or attempt to introduce Trojan horses, time bombs or other programs designed to dam-age, cause adverse effects, intercept or counteract any system, data or personal information (v) access or use the Website, the Mobile Application or the Services for the purpose of building a competitive Product or service or copying its features or user interface; and (vi) allow third parties to utilise all or part of the Website, the Mobile Application, the Services or the Content to which access is restricted.
4.2 User Content.
You represent and warrant that your use of the Website, the Mobile Application, and that your User Content, shall not (i) infringe, or cause a third party to infringe, any applicable law or regulation; (ii) infringe any intellectual property right, or other proprietary rights or right of publicity or privacy; (iii) be unlawful; (iv) include any false, incomplete or inaccurate information about yourself, or any information about any other individual, company or other legal entity, or be defamatory or trade libellous; (v) be obscene or contain pornography; or (vi) be inadequate or of inadequate lan-guage.
4.3 Non-compliance.
Without limiting the rights otherwise provided under these T&C, in the event of non-compliance with these T&C, we reserve the right to refuse you access to the Website, the Mobile Application or to refuse to provide the Services and Products.

5. Amendment and suspension

5.1 We reserve the right at any time, without having to specify any particular reason, to temporarily or permanently modify or discontinue the Website, the Mobile Application, any Content or any Free-Of-Charge-Service, with or without notice, without incurring any liability.
5.2 If you have an Account, we may, at our sole discretion, temporarily or permanently suspend, can-cel or terminate your account, any information relating in addition to that, and/or your access and/or use to all or part of the Website if you are in breach of these T&C.
5.3 If you use our Service, we reserve the right at any time to modify or change the Service as long as a connected Product is still functional. You have no right to demand a specific appearance or function-ality of a used Service.

II. ORDERS AND SALES OF PRODUCTS

The order and sale of the Products through the Website or the Mobile Application are subject to the terms of this Section II (in addition to the other parts of these T&C), in such version as is in force at the time of ordering the Products.

6. Products and Prices

6.1 Presentation.
The Products are described as precisely as possible. However, the images displayed are indicative only, may differ from the final Product and have no binding contractual effect.
6.2 Availability.
Although we will in a general state when Products are not available, the availability of the Products on the Website or the Mobile Application is not guaranteed. Orders are placed subject to availability.
6.3 Price.
Content and pricing are localised based on the country from which you select at the time of visiting the Website. Unless otherwise stated, the prices on the Website or the Mobile Application are displayed in the currency of the country associated with the localised version of the Website that you access. The prices indicated on the Website or the Mobile Application at the time of the order shall apply. We reserve the right to change the cost of the Products at any time.
6.4 Charges and costs.
The prices of the Products include all fees related to cross country shipping like any foreign taxes, customs charges and insurance charges.
6.5 Payment Method.
You may choose to pay the total price using one of the payment methods made available on our website. Once your purchase is made, you will have ongoing access to the Product features. Aktiia reserves the right to solely determine which features are included and make changes at its discretion.
6.6 Retention of title.
If you decide to pay your ordered Product in instalments over time, we retain title to the Product until payment has been made in full.

7. Order and purchase

7.1 Order.
You must fill in the required information and click on the “Buy Now” button in the Website interface to place an order. You will then be able to check your order information. To complete the order, you must accept the T&C and validate the order. Any order that you place via the Website con-stitutes a binding offer on your part to enter into a contract with us. If you wish to cancel or modify an order once it has been placed, please check our FAQ section to see if this may be possible in your situation. By submitting your order to us, you make a firm commitment to pay the price indicated on the order confirmation.
7.2 Payment.
To proceed with your order, you must enter a valid payment method, depending on the options available on the Website or the Mobile Application.
7.3 Confirmation.
If the means of payment is accepted, Aktiia will receive your order and check the availability of the ordered Product. If available, a confirmation email will be sent to you. If the ordered Product is not available, or if for any other reason your order cannot be accepted, you will be notified by email and will no longer be bound by your order. A sales contract for the Product is only conclud-ed when Aktiia confirms your order.
7.4 Changes by Aktiia.
We may have to refuse, reject or cancel an order after being confirmed for any reasonable reason. In this case, you will be notified of the delivery of a partial order or the cancella-tion of your order. If you have already paid for certain Products, we will reimburse you for the total amount of the relevant Products and all invoiced delivery costs as soon as possible. We may also re-fuse an order in the event of a dispute regarding payment for previous orders or in the event of ab-normal orders and orders which Aktiia suspects were not placed in good faith.

8. Delivery

8.1 Delivery.
Products that are the subject of a validated order will be delivered to the address speci-fied in the order by a carrier of our choosing. We reserve the right to contact you for further infor-mation regarding your order and delivery. Delivery dates are provided for indicative purposes only. If you order more than one Product, we may make partial deliveries.
8.2 Fees, Duties and Shipping.
Delivery will occur from any of our logistic platforms, or partners. To provide a seamless shopping experience, we will manage the fees, duties and shipping on your behalf.
8.3
In case of undelivered or uncollected parcel at delivery office, your order will be automatically cancelled, and you will receive a full refund.
8.4
Express delivery is available for certain orders and/or territories. When placing your order, you will see whether this option is available for your particular order as well as the costs of this option. Express deliveries are subject to cut-off times which depend on our couriers’ policies. Orders placed on our website before 12pm Monday through Friday (except national holidays) will be processed and dispatched the same day, subject to payment confirmation. Orders placed on our website after 12pm CET, during the weekends, or on national holidays will be processed the following working day.

9. Right to withdrawals & Returns

9.1 General.
In accordance with applicable laws on distance selling transactions, we offer our custom-ers a right of withdrawal without giving any reason.
9.2 Exercising your withdrawal right.
You have the right to withdraw from purchasing a Product within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you, or a third party, other than the carrier and designated by you to receive the goods, acquires physical possession of the Product.
To exercise your right of withdrawal, you can directly contact our Customer Support through the Help Center / FAQ page available on our website.
Timely submission of the notice of withdrawal before the end of the withdrawal period is sufficient for observing the withdrawal deadline.
Refusal of delivery or the return of a good without a declaration of withdrawal does not suffice to ex-press your wish to withdraw.
9.3 Exceptions to the right of withdrawal for medical products.
In accordance with applicable laws, exemptions to the right of withdrawal apply in several circumstances, in particular for sealed medical devices opened by the consumer that cannot be returned for health or hygiene reasons.
As a result, if you have unsealed the medical device, you will not be eligible to the right of withdrawal (and its various consequences).
9.4 Returns.
It is important to follow the return process, which begins by making a withdrawal request through our Customer Support Team, as detailed in section 9.1. Any Product returned without follow-ing the return process will not qualify for a refund (including returns made directly to our headquar-ters which will not qualify for a refund).
You are responsible for the shipping and return costs, and may return your Product after obtaining a pre-filled return label from our customer support team to facilitate the return process, which we strongly recommend. In this case, a €/CHF/£ 10 deduction will be applied on your refund to cover the costs of issuing this return label. Any foreign taxes or customs charges paid by Aktiia upon a return initiated from non-authorized countries will be deducted from the refunded amount.
Alternatively, you may choose to directly return and ship your Product using the courier of your choice. In this case, our Customer Support Team will share the address to be used to return the Prod-uct. The Products are your responsibility until they reach our warehouse. As a result, before returning the Product, you must ensure that it is properly protected and sealed so that it does not suffer any damage during transport. We recommend you obtain a proof of postage. Any foreign taxes or customs charges paid by Aktiia upon a return initiated by the Customer will be deducted from the refunded amount.
To qualify for a refund in accordance with this section 9, returned goods must be in their original packaging. We will then refund the full amount of the Product, including delivery costs (with the ex-ception of any additional costs incurred by your optional choice of another mode of delivery other than the least expensive standard delivery offered by us).
You shall return or deliver the Product to us promptly and in any event no later than 14 calendar days after the date on which you inform us that you are withdrawing from this agreement. This deadline is deemed to have been respected if you return the goods before the expiry of the 14-day period.
In case where you cannot meet this delay, please inform the Aktiia Customer Support Team. After this period, with no return from your side, we will automatically close your return request. You are liable for any diminished value of the Product resulting from the handling other than what is necessary to establish the Products’ nature, characteristics, and functioning. In any case, you are obliged to bear all upcoming costs for shipping due to your withdrawal.
9.5 Refunds.
When you make a qualifying return, we will process the refund using the same payment method that you used for the original transaction.
We will withhold the refund until the Products have been returned to us, and inspected.
We will credit the full amount you paid, less the return shipping deductions (as stated in section 9.4) and other deductions, if applicable, without undue delay and, in any event, no later than 30 days from the day we receive the returned Product.

10. Product Warranty

10.1 Warranty.
Subject to Section 10.2, Products are warranted for two years unless a mandatory law applicable to you provide for a more extended warranty period (in which case such period will apply). The warranty start date is the delivery of the Products, which must be evidenced by the original in-voice for the Product in question, issued by Aktiia or one of our partners. The foregoing is without prejudice to more extended statutory limitations periods. This warranty period continues to be valid irrespective of the fulfilment of possible warranty or replacement services.
Aktiia explicitly excludes warranty for wear and tear parts such as batteries, straps and for software problems. Otherwise, liability exclusion pursuant to section 12 applies.
Any valid warranty on Aktiia Products is passed on to potential buyers of second-hand devices (e.g. resale platforms), upon presentation of the original invoice evidencing the date of initial purchase.
10.2 Exclusions.
Excluded from the warranty under Section 10.1 of these T&C are, in particular, damages resulting from improper use of the Products, any use contrary to the instructions of Aktiia or for a purpose which is not indicated, negligence, modifications, attempted repair via unauthorised par-ty, improper storage, improper handling of the device on water (subject to the device’s water resistance specifications as outlined in the manual) or conservation of the Products, accident, defects resulting from the transport of the Products, as well as normal loss or wear and tear.
10.3 Effect.
To determine if your Product is eligible for a replacement under warranty, please contact Aktiia Customer Support Team through the Help Center / FAQ page available on our website. Based on the information provided, Aktiia Customer Support Team may request for you to return the Product, or to destroy it. If a return is required, Aktiia Customer Support Team will provide you a return shipping label to be used for return of the item. Only items shipped utilizing the provided label will be accepted. Please do not ship your item to any other address or utilizing any other method than as instructed by Aktiia Customer Support Team. Once your device has been received, it will be in-spected to determine if your item meets the conditions under warranty. If the warranty conditions are met, we will replace the defective Product. Product warranty as well as Product Support is only appli-cable and effective in the territories where Aktiia’s Products are or have been commercialized. Re-placement devices may only be shipped to countries where the Product is marketed.
When we replace a defective Product, the original warranty period continues to apply for the replaced device.
10.4 Exclusive Warranty.
The warranty set out in this Section 10 of these T&C is exclusive to the ex-tent permitted by applicable law. It replaces and supersedes any other warranty or rights you might claim regarding the Products.

III. FINAL PROVISIONS

The provisions of Section III of the T&C apply to all Website uses, the Mobile Application and/or the Services.

11. Data protection

We have issued a privacy notice, accessible at https://aktiia.com/ca/privacy-policy, which describes how personal data is collected through the Website, the Mobile Application and for what purposes. That privacy notice, as amended from time to time, forms an integral part of these T&C.

12. Liability

12.1 Principle.
You expressly acknowledge and agree that, to the extent permitted by law, we shall not be liable for any direct or indirect damages, including but not limited to damages arising under tort law, loss of profits, loss of use, loss of data or other intangible losses (even if we have been advised of the possibility of such damages) resulting from (i) the use, unavailability or inability to use the Website, the Mobile Application, the Products or the Services, (ii) the unauthorised access to or alteration of your data, (iv) declarations or actions of any third party on or in connection with the Website, the Mo-bile Application, (v) information and results available on the Website, the Mobile Application, and specific information of a medical or scientific nature, as well as all linked Websites and all documents disseminated on the Website, the Mobile Application, (vi) any other cause relating to the Website, the Mobile Application.
Our legal liability for personal or bodily injury and fraud or fraudulent misrepresentation remains un-affected.
12.2 Limitation of liability.
Without prejudice to the foregoing limitations, our liability for indirect and/or consequential losses or damages is expressly excluded (including but not limited to lost profit, commercial loss, loss of turnover or profit, loss of customer base, loss of opportunity or the cost of obtaining a substitute Product or service) in connection with or arising out of the non-performance or improper performance of a Service or a Product, insofar as such exclusion is permitted under applica-ble law. Furthermore, our liability is limited to the maximum price paid for the Service or Product.

13. Miscellaneous

13.1 Severability clause.
If any provision of these T&C is or becomes invalid, unenforceable or non-binding, this shall not affect any other condition. In such event, such invalid, unenforceable or non-binding provision shall nonetheless be enforced to the fullest extent permitted under applicable law, insofar as the invalid, unenforceable or non-binding provision shall be replaced by a valid, enforcea-ble and binding provision reflecting the greatest extent possible the intent of the original provision.
13.2 Assignment.
You shall not assign or transfer any of your rights or obligations under these T&C. However; we may assign or transfer any right or obligation or subcontract the performance of any of our obligations under these T&C to any third party at any time without your prior consent.
13.3 Force Majeure.
We cannot be held liable for failure or delay in fulfilling our obligations due to force majeure events such as natural disasters of a substantial magnitude, wars, governmental or offi-cial acts, riots, strikes, epidemics or pandemics breakdowns of electrical or telecommunications net-works. If such an event occurs, we will inform you immediately.
13.4 No waiver.
Any delay or failure by Aktiia to apply all or part of the provisions of these T&C, regardless of the frequency and duration thereof, shall not be deemed a general waiver thereof.

14. Applicable law, jurisdiction and venue

14.1 Applicable law.
These T&C and the relationship between you and us, as well as the order and sale of the Products, shall be governed by Swiss law, to the exclusion of its conflict of laws rules and the Vienna Convention on the International Sale of Goods.
14.2 Jurisdiction.
Exclusive jurisdiction for any disputes in connection with these T&C is vested in the competent courts at the registered office of Aktiia, subject to any mandatory forum prescribed by law. Notwithstanding the preceding, nothing in these T&C prevents us from seeking injunctive relief or any other remedy available at law in any jurisdiction in case of any infringement of our intellectual property rights.

15. Contact

For any questions regarding the Website, the Mobile Application or the T&C, you may contact us through the Help Center / FAQ page available on our website and we will investigate your re-quest.

16. Amendments

These T&C may be amended from time to time, in which case you will be notified by any appropriate means (including via email, or the Website, the Mobile Application, e.g. through banners, pop-ups or other notification mechanisms). Any use of the Website, the Mobile Application after this notification shall constitute acceptance of the T&C, as amended.

17. Translation

The original language of these T&C is English. Any translation made available is for convenience on-ly. In case of conflicts between the original English version and any translation, the English version shall prevail.