ReaScan Mobile Terms & Conditions

This EULA governs Your use of ReaScan Mobile application (“ReaScan App”) provided by Oy Reagena Ltd (“Reagena”).

The use of ReaScan App requires also that Your organization and Reagena have a service agreement in force permitting Your and Your organization’s use of ReaScan App (“Service Agreement”).

Please read this EULA carefully before using ReaScan App. By using the ReaScan App You accept to be bound by these Terms of Service and this EULA.

ReaScan Mobile is a mobile application assisting the user in reading, interpreting, recording and submitting the results of lateral flow cassettes to the Data Controller. The application is intended to be used with ReaScan Mobile compatible rapid tests offered by Reagena. ReaScan Mobile is intended for in vitro diagnostic use by healthcare professionals.

If You are not a healthcare professional, You are obliged to refrain from using and/or downloading ReaScan App and shall delete any downloaded ReaScan App without undue delay. You are not allowed to use ReaScan App for other purposes than indicated explicitly in this EULA.

For the purposes of this EULA, ReaScan App means ReaScan App and all updates and upgrades made to it from time to time as well as guidelines and manuals and other written, electronic or online materials or documentation related to it.

License and License Term

Subject to this EULA, Reagena grants You a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the ReaScan App on a mobile device or computer that you own or control and to run such copy of the ReaScan App solely for the purposes permitted by this EULA and the Service Agreement (“License”).

The rights granted herein are subject to Your compliance with the Licence and with all applicable local, national and international laws and regulations.

Your License is valid until further notice and will expire automatically if

  • You decide to cease the use of ReaScan App;
  • Your user account is terminated by Your organisation;
  • You no longer are a Healthcare Professional; or
  • You violate the terms and conditions of this License.

In all cases Your License shall expire if the Service Agreement is terminated.

Your License to use ReaScan App commences when You login into the Reagena App for the first time, provided that the Service Agreement has entered into force.

Your liability in the use of ReaScan App

Reagena only provides an application for the provision of health-related data in electronic form. Reagena is not responsible for any health-related or other data or material You enter in the ReaScan App, its legality or accuracy or fitness for certain purposes.

It is your responsibility to use the ReaScan App in accordance with the Licence, all applicable legislation, and to comply with any related and/or other instructions and regulations in use of the ReaScan App provided by Reagena.

You are responsible for all materials You submit or upload to the ReaScan App, such as texts, data, documents and other similar functions.

You are responsible for ensuring that the material You submit to ReaScan App does not infringe the copyrights of any third party and that you have the permission and right to submit such material in ReaScan App pursuant to all applicable legislation, including but not limited to, applicable legislation governing Healthcare Professionals.

It is Your responsibility to ensure that Your service credentials (user ID and password) are carefully stored and kept confidential. You are responsible for all use of the ReaScan App with Your service credentials. You must notify Your organisation without undue delay if Your service credentials are lost, or You suspect that Your service credentials are being used without Your permission.

If You do not have the right to use ReaScan App according to the License, You must cease using ReaScan App. You do not have the right in any event to independently transfer your service credentials to any third party.

You or Your organisation are responsible for the costs and functionality relating to the acquisition, maintenance, security of Your hardware, software and communications that the use of ReaScan App from time to time requires.

You are responsible for all actions or omissions that You perform or do not perform under the ReaScan App.

Restrictions for Your Use of ReaScan App

You agree not to do any of the following when using ReaScan App: 

  • use ReaScan App if You are not Healthcare Professional;
  • permit ReaScan App to be used by a person who is not a Healthcare Professional;
  • distribute the ReaScan App to multiple mobile devices;
  • distribute, lease, license, sell, rent or otherwise transfer or assign the ReaScan App, any copies thereof, or any passwords or usernames of the ReaScan App;
  • use the ReaScan App for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the ReaScan App;
  • use, display, mirror or frame any individual element within the ReaScan App, including name, trademark, logo or other proprietary information, or the layout and design of the ReaScan App;
  • breach, avoid, bypass, remove, deactivate, impair or otherwise circumvent any technological measure implemented to protect the ReaScan App (eg. authentication measures);
  • use the ReaScan App for in any manner not permitted by the License;
  • attempt to decompile, disassemble or reverse engineer any of the software used to provide the ReaScan App;
  • interfere with the access of any other user by sending a virus, overloading, flooding or spamming the ReaScan App;
  • impersonate or misrepresent your affiliation with any person or entity;
  • collect or store any personally identifiable information from ReaScan App from other users contrary to the License; and
  • violate any applicable law or regulation or encourage or enable any other individual to violate any applicable law or regulation or any of the restrictions stated hereinabove.

These restrictions survive termination of the License.

Intellectual Property Rights

Ownership of ReaScan App and copyright and all other intellectual property rights (including unregistered and registered trademarks and design rights, patents, domain names, trade and professional secrets and database rights) related to ReaScan App and the material contained therein belong exclusively to Reagena.

To the extent that You have stored material on ReaScan App, You or any third party, as the case may be, shall retain ownership of that material. Reagena shall use such material only for the purposes of performing the License.

All rights not expressly granted in the License are reserved by Reagena. Reagena does not grant You any direct or indirect rights to use ReaScan App other than the right to use ReaScan App for its purpose in accordance with the License.

Reproduction, transfer, distribution, or storage of any part or all of the contents in any form without the prior written permission of Reagena is prohibited.

Information Collection and Use

The contracting party to the Service Agreement, i.e. Your organisation, acts as a Data Controller within the meaning of the European General Data Protection Regulation 2016/679 (“GDPR”) and is responsible for all related obligations for the material You submit in the ReaScan App relating to patients.

Reagena acts as a data processor of personal data within the meaning of the GDPR and other applicable data protection legislation for above mentioned patients data.

By using ReaScan App You submit personal data to ReaScan App that belongs to the group of special categories personal data as stipulated in the GDPR (“Special category personal data”). You may also submit other personal data to ReaScan App.

You shall be responsible for having the right under the GDPR and other applicable data protection legislation to submit Special category personal data and other personal data in the ReaScan App and that Reagena shall have right to process such personal data under the GDPR and other applicable personal data legislation.

Reagena shall have the right to use the personal data stored only pursuant to the GDPR, applicable data protection legislation and the data protection agreement as annexed in the Service Agreement.

Privacy Policy

Reagena acts as a data controller when processing Your personal data relating to the registration and the use of ReaScan App. Reagena respects Your privacy rights and recognizes the importance of protecting personal data collected from You. ReaScan App privacy policy is available at https://www.reagena.com/en/reascanmobile/privacy.html (“Privacy Policy“) and is also applicable to this EULA. Privacy Policy defines how, why and to which extent Reagena collects and uses personal information in relation to the ReaScan App.

Warranty and Limitation of Liability

ReaScan App is provided “as is” and the use of and reliance upon the ReaScan App and any third-party services related thereto is at Your sole risk and discretion.

Reagena is in no event liable for You or Your organization for the destruction, loss or alteration of the submitted data or data files, nor for any damages and expenses incurred as a result, including expenses involved in the reconstitution of data files.

Reagena hereby disclaims any and all representations, warranties and guarantees regarding the ReaScan App and third-party services. Reagena does not warrant that ReaScan App will be uninterrupted or error free. Reagena does not make any warranties about the ReaScan App’s fit for any specific purposes. Reagena reserves the right to make changes to the ReaScan App or restrict access to ReaScan App at any time without prior notice to You.

Under no circumstances will Reagena be liable for any consequential, direct, incidental, indirect, punitive or special damage related to the use, the inability to use and/or errors or omissions in the contents and functions of ReaScan App.

Indemnification

You agree to indemnify, defend, and hold Reagena and its agents, directors, employees, information providers, licensors, licensees, officers and/or affiliates harmless from and against any and all liability and costs, including attorneys’ fees and costs, incurred in connection with any claim arising out of any breach by you of this EULA. You will cooperate as fully as reasonably required in the defence of any such claim.

Entire agreement

This EULA represents the complete agreement concerning this License between Reagena and You and supersedes all prior agreements and representations relating to the subject matter.

Reagena reserves the right, at its discretion, to amend, modify, add or remove portions of this EULA by updating the amended EULA in the ReaScan App and on Reagena’s website. You will be deemed to have accepted such changes by continuing to use the ReaScan App.

Use of Anonymized and Pseudonymized Personal Information in Further Development of the Service

Reagena may use information related to Your use of the ReaScan App in the development of the ReaScan App without identifying You. Reagena may use such information as anonymized or pseudonymized e.g. for the following uses:

• compilation of statistics;

• service development;

• monitoring the number of users of the service.

Governing Law and Dispute Resolution

This EULA will be governed by the laws of Finland without reference to its choice of law rules. The United Nations Convention for the International Sale of Goods shall not apply. Any dispute, controversy or claim arising out of or relating to this EULA or the breach, termination or validity thereof shall be finally settled at Reagena’s discretion (i) at your domicile’s competent courts; or (ii) by arbitration in accordance with the Rules for Expedited Arbitration of the Arbitration Institute of the Finland Chamber of Commerce. The arbitration shall be conducted in Helsinki, Finland, in the English language.