Abilia AB (“Abilia”) provides the web service myAbilia (“the Service”) to people who use Abilia’s software-based assistive tools, e.g. Handi, MEMOplanner and GEWA Connect.
When the assistive tool is connected to the Service, the person who uses the tool (“the User”) remotely, independently or via a person who helps with the User’s content in the Service (“the Support Person”), can manage the calendar, images, etc. (“the Content”).
In organisations, such as schools and group homes, where there are multiple Users, there is a need for multiple user accounts and licences to be administered by a person other than the User or the Support Person (“the Account Administrator”).
These terms (“the Terms & Conditions”) regulate the use of and connection to myAbilia.
By using the Service, the User and, where applicable, the Support Person and the Account Administrator, consent to the Terms & Conditions and thereby enter into an agreement to which the Terms & Conditions apply.
In those cases in which you are registering an account in myAbilia on behalf of someone other than yourself, by consenting to the Terms & Conditions you give your assurance that this person has read, understood and consented to the Terms & Conditions in the same way that you have done.
Account management
To be able to use the Service, an account must be created by the User or the Account Administrator. The User must create an account with an e-mail address (activated via e-mail), while the Account Administrator can choose between creating the account with an e-mail address (activated via e-mail) or username (requires no activation).
The user account is personal and may not be transferred to any other person. The Support Person and the Account Administrator are the only people besides the User who are allowed to use the Service via the user account. The User grants the Support Person and the Account Administrator these rights.
To log in to the Service, you need to verify your identity with username/e-mail and password. These login details are personal for everyone, i.e. the User, the Support Person and the Account Administrator. It is therefore important to handle login details in a secure manner, so that no unauthorised person gains access to them. If passwords are lost, the User, the Support Person and the Account Administrator can reset their password via the Service. But the User with a username (not e-mail) must request assistance from the Support Person, the Account Administrator or Abilia.
Please contact Abilia immediately if you suspect any unauthorised use of myAbilia.
Use
The Service should only be used in a manner consistent with these Terms & Conditions and the purpose of the Service.
The User, the Support Person or the Account Administrator may not participate in any transfer or sale, or further develop or otherwise commercialise, in whole or in part, any of the Content of the Service without having obtained the express permission of Abilia in advance.
The User undertakes to not transfer any material to the Service that may contain a virus or any other program that may limit the function of software or hardware.
It is not permitted, in whole or in part, to copy or alter the Service, decompile, modify or reverse engineer the Service or its components. It is not permitted to recreate the source code or its functionality, or to make copies of or create any copy of the software, beyond what is allowed by law.
The Support Person and the Account Administrator are not allowed to spread the User’s content in any other medium without their permission.
Within the framework of the Service, the User and the Support Person have the ability to upload their own content, such as images and texts. Content of this nature will be accessible to all Support Persons.
The User and/or the Support Person have a responsibility towards Abilia for content that they upload and the consequences of the uploading. Abilia is not responsible for content that is uploaded by someone other than Abilia, and does not endorse someone else’s content or any views expressed in that content. Abilia is unable to guarantee that there is no content that is incorrect, insulting or offensive in the Service. Unless otherwise provided by law, Abilia is under no obligation to remove such content.
The User and the Support Person have a responsibility towards Abilia to have obtained consent, permission, licence or right to upload content, which by virtue of copyright or otherwise, is in whole or in part the property of another party. Such consent, permission, licence or right should also include the right to make the Content available.
Abilia reserves the right, without prior warning, to remove content that in Abilia’s assessment may be perceived as insulting or inappropriate.
Intellectual property rights
All intellectual property rights in the Service are held by Abilia or are licensed to Abilia. Nothing in the Terms & Conditions should be construed as a transfer of any intellectual property or other rights.
The User, the Support Person and the Account Administrator may, for their personal and non-commercial use, download, display or print out information from the Service. All existing copyright notifications and notifications about proprietary rights should remain unaltered.
The User possesses, in relation to Abilia, the proprietary rights to the Content.
Changes to the Service and the Terms & Conditions
Abilia is entitled to make changes to the Terms & Conditions. If significant changes are made to the Terms & Conditions, Abilia will notify the User, the Support Person and the Account Administrator in advance, to give them the opportunity to read the Terms & Conditions, before the User continues to use the Service. By continuing to use the Service after changes have been made to these Terms & Conditions, they are giving their consent to the changed Terms & Conditions. If the change is not approved, access to myAbilia may be restricted or denied.
Abilia is entitled to update and modify the nature and content of the Service. Abilia always provides advance notification of this, in accordance with existing agreements.
Limitation of liability
The Service is provided “as is”. Abilia is unable to guarantee that the Service will always work without disruption or is free from irregularities and shortcomings. Nor does Abilia guarantee that the information obtained when using the Service is correct or reliable.
Abilia expressly disclaims any liability for any loss, damage or any other consequence that may affect the User due to delayed, destroyed or corrupted data, interruptions, undelivered data, incorrectly delivered data or similar events.
The User, the Support Person and the Account Administrator may be held liable for losses or damage that affects Abilia or any third party through any act that breaches these Terms & Conditions, or as a result of any other negligent or intentional act.
Processing of personal data
Abilia is the personal data controller for personal data submitted by the User, the Support Person or the Account Administrator when using the Service.
By approving the Terms & Conditions, the User, the Support Person and the Account Administrator also give their consent to the collection and processing of personal data in accordance with Abilia’s Processing of Personal Data Policy. The current version of Abilia’s Processing of Personal Data Policy is available to read at https://www.abilia.com/intl/policy-for-the-processing-of-personal-data.
Miscellaneous
All Abilia’s communication with the User, the Support Person and the Account Administrator is carried out electronically via e-mails, pop-up windows in myAbilia or notices on the Abilia website. For e-mails, Abilia uses the contact details that the User, the Support Person and the Account Administrator registered for their account. The User, the Support Person and the Account Administrator therefore have a duty to keep their contact details up-to-date.
Abilia is entitled to freely transfer its rights and obligations under these Terms & Conditions to a third party, as well as to hire subcontractors for the performance of its undertakings under these Terms & Conditions.
Applicable law and dispute resolution
These Terms & Conditions are subject to Swedish law. Any dispute relating to these Terms & Conditions should be settled in a Swedish court of law, with the Stockholm District court as the court of first instance.