Terms & conditions

1 Introduction

Care to Translate is a digital translation tool designed for healthcare professionals with the aim of ensuring good communication between healthcare professionals and patients regardless of language. We want you who work with patients to be able to ask important questions, inform patients and instruct patients who do not master your language. Our goal is to make care more equal. We do this by providing translation services linked to new innovative tools.

 

Our aim is to constantly add value to our customers’ businesses. Since all businesses are different, it is not feasible for Care to Translate to meet the needs of all customers at all times. Care to Translate’s services are in this initial phase of constant and rapid change. Software can get completely new functionality. Functionality can also be changed by adding or removing something.

 

As a Customer, this must be taken into account when the company creates processes to handle everything that Care to Translate helps the company with and which is linked to the services Care to Translate offers.

2 The agreement

The agreement between Customer and Care to Translate consists of these general terms and conditions (the “General Terms”) and the confirmation of the assignment (jointly “the agreement”). These General Terms and Conditions are binding and apply when the Customer starts using any of Care to Translate’s services. As the Customer accepts the General Terms and Conditions, the Customer confirms that you have read and understood the meaning of these for the Customer’s business, today and in the future.

 

Care to Translate reserves the right to unilaterally change these General Terms and Conditions at any time and they will change over time. It is the Customer’s obligation to continuously ensure that the Customer is aware of the applicable General Terms and Conditions that are available at https://www.caretotranslate.com/ (the “Website”). Updated General Terms and Conditions come into effect immediately when they are published on the Website.

 

In the event that the Customer does not accept the amended General Terms, the Customer is entitled to terminate the Agreement with immediate effect. Termination must be in accordance with paragraph 8 of these General Terms and Conditions.

 

The customer enters into the Agreement with Care to Translate when the Customer confirms the assignment. The assignment is deemed to have been confirmed when the Customer has approved the Care to Translates quote (jointly the “Quotation”) and begins to use one of Care to Translate’s services.

3 Parties

The agreement including these General Terms applies between Care to Translate AB, order no. 559150-6232 , (“Care to Translate”) and the company / organization that starts using Care to Translates services (“Customer” / “Customer”).

4 Service

Care to Translate provides two types of Services, partly software (“Software Service”) and partly product development (“Product Development Service”) (jointly “The Service” / “Services”). The two types of Services are described below.

4.1 Software service

Care to Translate provides one or more software services. The software service is available through the app Care to Translate Clinic. The software service can be free of charge, or subject to fees, and can either be used together with or without a product development service. The software service is provided via the application (“Appen”) Care to Translate Clinic.

 

Care to Translate offers the AS-IS software services, and does not guarantee any availability or functionality. Care to Translate has the right, and will add, change and remove functionality without first notifying the Customer.

 

The customer is aware of this and agrees not to make the Customer dependent on the software service’s functionality, availability or in any other way that could mean that the Customer may not be able to carry out its obligations under legislation, regulatory requirements, third parties or any other party.

4.2 Product development service

Care to Translate also offers a Product Development service.

 

The product development service is an additional service for the Customer to be able to design the software service based on the customer’s specific business needs and be delivered in the form of at least one (1) workshop and technical further development of the Software Service. If the Customer makes use of the Product Development Service, the Customer accepts that the Product Development Service is solely an aid for tailoring the Software Service to the Customer’s unique needs and that the Customer is responsible for ensuring that the Customer complies with applicable legislation.

 

The responsibility for the Customer’s patient management cannot be transferred to Care to Translate.

 

Care to Translate has the right to use third parties to assist with parts or the entire Customer’s assignment in the framework of the Product Development Service. This means that Care to Translate has the right to share information such as the Customer’s specific phrase and language needs but not limited to these data with this third party.

4.3 Use of the Service

As the Customer has approved these General Terms and Conditions, the Customer is aware that the Service may change and no longer fulfill the requirements or wishes that the Customer has and which previously may have been fulfilled. The customer has no right to compensation if the Service is changed, or in the Customer’s opinion deteriorates or for another reason does not meet the Customer’s requirements.

4.4 Use restrictions

Use of the Service may be subject to restrictions, including but not limited to the number of licenses. Care to Translate has the right to decide whether violations of these restrictions occur. If possible, the customer receives a warning in case of violation of the restriction. If the Customer does not correct their use, Care to Translate has the right to invoice for the number of licenses that exceed the agreed amount, or to terminate the agreement with the customer with immediate effect.

4.5 Functions included in the service

The definition of the functions included in the service is described in the Agreement. This definition can change over time.

 

Care to Translate has an interpretation preference when it comes to the meaning of a function. The customer must not interpret what a function must fulfill and then set requirements based on own interpretation of the function’s meaning.

5 Customer's responsibility

In addition to what is otherwise stated in these General Terms, the Customer is responsible for the following:

5.1 Hardware Update

The customer is obliged to update the hardware in accordance with recommendations from hardware suppliers to ensure that the software service functions optimally.

 

Care to Translate follows best practice procedures to develop the software service in accordance with standard, but cannot guarantee that it works on all types of mobile devices.

5.2 Users

The customer is responsible for the persons using the Service via the Customer’s login and account (“User”). Every User has the right to use the Service.

6 Care to Translate's liability and limitation of liability

Care to Translate only replaces direct damages incurred by the Customer through gross negligence on the part of Care to Translate. Compensation is therefore not paid for indirect damage, such as, for example, misinterpretation of symptoms, increased time in patient treatment and obstruction of compliance with third parties.

 

Care to Translate’s remuneration liability is limited to the total fee for the relevant service during the contract period, however, a maximum total of a price base amount.

 

Care to Translate is not liable for any damage arising on the Customer’s hardware, the Customer’s data or any other information conveyed when using the Service. Care to Translate is not responsible for errors in third-party products. Neither is Care to Translate liable for damage caused by computer viruses (or equivalent), delay, loss or corruption of the Customer’s data or for the Customer’s possible liability to third parties.

 

Care to Translate is not responsible for failure to fulfill its obligations under these General Terms and Conditions caused by or otherwise due to work conflict, war, riots, unforeseen military calls, seizures, currency restrictions, export or import restrictions, earthquake, lightning strike, fire, flood, meteorite impact, global warming, congestion attack, atmospheric pressure change or other circumstances that Care to Translate could not reasonably have had or predict.

 

The customer’s claim for damages shall be made as soon as possible. If the claim is not made within two months of the occurrence of the damage-causing document, the Customer loses the right to make the claim valid, if the claim could have been made in due time.

7 Prices, debit and payment terms

7.1 Prices and costs

The prices of the service are stated in the price list in force at any time, which are described in the Agreement and / or the Offer.

7.2 Fixed price and costs

In case the Customer uses such part of the Service that is offered at a fixed price, fixed prices and costs are charged monthly or annually – depending on which payment model the Customer has chosen – in arrears beginning with thirty (30) days after the Service is activated.

7.3 Variable price and costs

In case the Customer uses Services provided at a variable price and where variable costs arise, these are carried out on an ongoing basis and are charged periodically in arrears. You as a customer are responsible for all variable costs that arise around the Service.

7.4 Charging period

Charging begins when the Service can be considered activated or when the Customer ordered the Service. A debit month does not follow full calendar months, but begins when a Service is activated.

7.5 Changing the price model / subscription form

If Care to Translate believes that a Customer should be covered by another pricing model or subscription form, Care to Translate has the right to unilaterally upgrade and downgrade the Customer. The new price model / subscription form starts to apply no earlier than one calendar month after Care to Translate via email or in some other way notified the Customer of a new price model.

7.6 Changing prices

Care to Translate has the right to change prices for their Services from month to month. Changed prices must be announced either on the Website or by email to the Customer.

 

Changes to the prices will apply one month after Care to Translate has notified the Customer or at the later time stated by Care to Translate.

7.7 Termination due to change of price model or prices

The customer is always entitled to terminate the Agreement with immediate effect when changing the price model or price increase.

7.8 Any final work / Debit on termination

Care to Translate is a service that is billed monthly or annually (depending on which subscription the customer has chosen). In the event of termination of the Service / Services or the Agreement by the Customer or Care to Translate, any time spent from Care to Translate’s page regarding services linked to the Product Development Service will be charged as a lump sum as described in the Agreement and / or the Offer. The terminated debited time must be an agreement between the Customer and Care to Translate at the Service / Services or the Agreement’s conclusion. Customer may choose to request these, even Care to Translate may choose not to carry out this work by considering that the assignment has been completed at the Service / Services or Agreement conclusion.

 

An advance payment may be applicable. It is up to Care to Translate to determine the sum, and should it later prove that a smaller part than the whole part of the sum was needed, then Care to Translate pays back this money to the customer, to any Swedish bank account or BG / PG number.

7.9 Payment terms

Payment must be made no later than 30 days after the invoice date.

 

In cases where payment is delayed, Care to Translate has the right to charge interest on late payment according to the Interest Act (1975: 635).

 

If the Customer wishes to contest an invoice, this must be done by email or mail, within thirty (30) days from the invoice date.

7.10 Discounts and offers

The customer can only use an offer, discount or the like for a continuous period of 12 months. The first offer, discount or the like that the customer chooses to use is considered to be the customer’s choice, and can later not be exchanged for another, even if it would be economically better, and excludes the right to future offers, discounts or similar for 12 months from use. moment.

8 Termination

8.1 Customer Termination

The Customer is entitled to terminate the Agreement or part of the Service / Services at any time. The customer is not entitled to any repayment upon termination. The customer can also not accrue part / parts of the service that has not yet been delivered at the time of termination.

8.2 Care to Translates termination

Care to Translate has the right to terminate a Service / Services or the Agreement with a calendar month’s notice if the Customer has a monthly subscription, the annual subscription takes place on an annual basis.

 

Care to Translate also has the right to terminate the Agreement with immediate effect if the Customer can be feared to be insolvent; has been declared bankrupt; is in arrears with payment; has been shut down from the Service; does not do the tasks assigned by the service within the time limit that the data has; or commit a material breach of contract. At these events a calendar month’s notice period does not apply. Care to Translate will then revoke access to the Software Service for the Customer and the Customer’s Users.

 

In the event of any termination of the Service / Services, the customer cannot accrue any part / parts of service that would have been delivered in the future.

8.3 Written termination

Care to Translate terminates the Service / Services or the Agreement in writing to the e-mail that the customer stated or to the address that the Customer’s company has registered with the Swedish Companies Registration Office.

 

The customer can only terminate the Service / Services or the Agreement in writing to the email provided by Care to Translate.

9 The entire agreement

The agreement (the General Terms and the confirmation of the assignment) constitutes the complete agreement between the Customer and Care to Translate and takes precedence over all previous, oral or written, agreements or agreements between the parties.

 

The terms and conditions on how the software (Care to Translate Clinic app) may be used are defined in the Terms of Use (“Terms of Use”) available at https://www.caretotranslate.com/ (the “Website”). The Terms of Use apply to all Users of the Software.

10 Applicable law and dispute resolution

The agreement (including these General Terms and Conditions) shall be governed by, interpreted and fulfilled in accordance with Swedish law. Any disputes shall be resolved in a Swedish court with the Stockholm District Court as the first instance.

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