General conditions for using Toothie

1. General

1.1

These general terms and conditions (hereinafter "the Terms") apply between Toothie care AB, org. number 559144 - 0424, Ängeviken 632, 471 91 Klövedal ("Toothie", "We" or "Us") and you (hereinafter "the Customer", "You" or "You") who register as a user of and want to use the app Toothie (hereinafter "Toothie") in order to contact a licensed dentist or dental hygienist.

1.2

Toothie is provided by Us through applications for iOS and Android and on the website https://gofloss.se (the "Website").

2. User account

2.1

To be able to use Toothie, you must create a user account, which you do in Toothie.

2.2          

To create a user account, you must answer a number of questions. You must also be 18 years of age and have access to e-identification, ie. a Bankid; this so that We can identify You. You may only use Toothie for your own medical dental consultation. However, if you are the guardian of a child, you have the right to use Toothie on behalf of the child. Persons under the age of 18 are added to the guardian's account by the guardian.

3. Consultations

3.1

After registering your user account, you can through Toothie book an appointment with a licensed dentist or dental hygienist ("Therapist") to get care contact in the form of a video meeting, and obtain information about various dental diseases and its symptoms ("Consultation").

3.2

When the Consultation starts, you will be asked to describe your problem to the Therapist, who in turn can carry out an ocular examination and then make a diagnosis and possibly suggest treatment measures, if possible. To be able to carry out a Consultation, you must therefore have downloaded the Toothie application on a mobile with a camera.

3.3

You can book a Consultation through Toothie. Consultations can only be booked in the form of drop-in visits, ie. when you book a consultation, you are placed directly in a queue for contact with a therapist. It is not possible to book a Consultation for a specific day and / or time. You can join the drop-in queue for a Consultation at the times specified in Toothie and on the Website.

3.4

Consultations carried out via Toothie are carried out by Processors who have Swedish identification and who, at the time of delivery of the Consultation, have valid insurance. The therapists are employed or have an agreement with Us.

3.5

We and the Treaters are responsible for ensuring that the Consultations offered via Toothie are provided in accordance with applicable law, including the Dental Care Act (1985: 125), the Patient Safety Act (2010: 659), the Patient Data Act (2008: 355) and applicable regulations. The care provider's liability is thus not regulated by these Terms, but follows from applicable legislation.

4. Provision of Toothie; Availability

4.1

We strive for Toothie to be available 24/7, 365 days a year, with the exception of unforeseen or planned outages in the form of maintenance, so that you can log in to your user account at any time and gain access to your information. However, you can only join the drop-in queue for Consultations during the times specified in Toothie and on the Website.

4.2

However, we can not guarantee that Toothie will be faultless or uninterrupted, that faults will be rectified within a certain time or that Toothie or the servers required for Toothie to function are free of harmful components. Technical malfunctions may prevent you from using Toothie.

4.3

4.3.1 errors in your hardware / equipment, connecting networks, your software or errors in software that constitute a third-party product and which We cannot remedy despite the fact that We have professionally tried to correct or circumvent the error; 4.3.2 other circumstances for which you are responsible; 4.3.3 viruses or other security attacks provided that We have taken protective measures in a professional manner; or 4.3.4 circumstance constituting force majeure according to paragraph 14 below.

5. Support; reporting errors and interruptions

5.1

For questions regarding the use of Toothie, please refer to our support. You can reach the support at support@gofloss.se. Support is open at the times specified in Toothie and on the Website. We try to answer your questions as quickly as possible. You can also find answers to frequently asked questions on the Website.

5.2

You are asked to report errors or outages in Toothie to Us via the support above as soon as possible after you discover the error or outage.

6. Your responsibility

6.1 You are responsible for;

6.1.1 all information you provide in connection with the creation of a user account and in connection with the use of Toothie is correct, complete and up to date (including the contact information you provide); 6.1.2  do not allow any other person to access your BankID or your user account. If you have reason to suspect that any other person has unlawfully gained or may gain access to your User Account, you must take immediate action to restrict such person's access to Toothie, and inform Us immediately; 6.1.3 to the extent applicable, make payment for a Consultation with the amount and within the time We specify; and 6.1.4 does not, within the framework of Toothie, distribute or otherwise transmit data or information that (i) You do not have the right to disseminate under law or agreement, (ii) infringe, contribute to infringement or encourage others to infringe intellectual property rights or trade secrets, (iii) contains viruses, Trojans, Internet worms, other malicious software or code, or that may otherwise harm or adversely affect Toothie, or (iv) otherwise cause harm or other inconvenience to Us, our group companies, customers or other third parties.

6.2

If you experience a deterioration in the condition for which you have sought Consultation, you must immediately turn to the general care or contact your regular dentist.

7. Price and payment

7.1

It costs nothing to download the Toothie application or to create a Toothie user account. However, We charge a fee for certain Consultations. However, some consultations are free of charge. Information on which fees apply to Consultations, as well as information on which Consultations are free of charge, can be found here: www.toothie.se/priser and in Toothie.

7.2

Please note that fees for a Consultation may change, which is why you should check the price list from time to time. If the fees change, this will also be stated in Toothie. A change in the fee will not affect the fee for a Consultation that you booked before the fee change took effect. 

7.3

Payment for a Consultation is made directly to Toothie when booking via Swish or Stripe.

7.4

What applies to the refund of the fee in the event of cancellation / cancellation of the Consultation is stated in sections 8.3 and 8.4.

7.5

If you do not pay for the Consultation, e.g. due to the lack of coverage for the Consultation on the credit card that you have connected to Swish or Stripe, the Consultation will not be carried out.

8. Cancellation / Right of withdrawal

8.1

According to the law (2005: 59) on distance contracts and contracts outside business premises, consumers have a statutory right to cancel a service within 14 days of the contract for the service being entered into with the trader, but since it is only possible to book drop-in consultations, you agree to that you have no right of cancellation / withdrawal once the Consultation has begun. This is because the service will have been started and completed within the statutory deadline for the right of withdrawal. According to the Act (2005: 59) on distance contracts and contracts outside business premises, you are hereby also informed that there is a standard form on the Swedish Consumer Agency's website that you can use.

8.2

You can cancel the Consultation until it has started by not taking the call when the Therapist calls You. You can also cancel the Consultation by notifying the Therapist as soon as the call begins that you want to cancel the Consultation.

8.3

If you cancel a Consultation for which you paid a fee by not taking the call when the Therapist calls, you must notify support@gofloss.se to receive your refund.

8.4

If you cancel a Consultation for which you paid a fee by notifying the Therapist when the call begins, you can notify the Therapist to receive your refund.

8.5

Provided that You have notified Us of a refund in accordance with clause 8.3 or 8.4, any fee for the Consultation paid will be refunded to You within 14 days. The same means of payment will be used for the refund that you have used yourself, unless you have expressly agreed with us on something else. In any case, the refund will not cost you anything.

9. Change in Toothie and these Terms

9.1

We have the right to change the scope and functions of Toothie from time to time. We will strive to notify you of such changes. In that case, this is done on the Website and via Toothie.

9.2

We reserve the right to change these Terms from time to time. In good time before the change takes effect, you will be notified of such changes via the Website and / or via Toothie.

9.3

If you do not accept the change, do not continue to use Toothie. If you continue to use Toothie after the change has taken effect, you agree to be bound by the terms and conditions as amended.

Prescription prescription policy

10.1

Our Practitioners follow the prescription policy for prescription drugs that accompanies their identification and apply in accordance with the Medical Products Agency's regulations (LVFS / HSLF-FS). Our Practitioners do not prescribe any drugs or narcotic drugs.

11. Processing of personal data and cookies

11.1

For information on how We handle and process your personal data, we refer to our  personal data policy Link

11.2

For information on which cookies we use, we refer to our cookie policy Link

12. Contract period and termination

12.1

By accepting these Terms, you enter into an agreement with Us regarding the use of Toothie. The agreement is valid until further notice. However, you can terminate the agreement at any time by notifying Us. The easiest way to do this is to send an e-mail to support that you want to close your account (see section 5.1 above). You do not have to state any reason why you want to terminate the agreement and terminate your account.

12.2

We have the right to terminate the agreement with immediate effect if you commit a breach of these Terms and do not make a correction within ten (10) days from the fact that We asked you in writing to make a correction. You will then be suspended from your user account.

13. Limitation of liability

13.1

Our liability for direct damages that may arise as a result of the use of Toothie, amounts to an amount of 0.5 price base amount. We are not liable for indirect damages (incl. Data loss) unless We caused the damage intentionally or through gross negligence.

13.2

The above does not affect our responsibility as caregivers. 

14. Force majeure

14.1

We are exempt from the penalty for failure to fulfill an obligation under these Terms if the failure is based on a circumstance that makes it impossible or significantly complicates the obligation or if such circumstance makes the obligation unreasonably onerous, all provided that the circumstance is not foreseen and otherwise beyond Toothie: s reasonable control. Relieving circumstance shall be considered, among other things, war, war-like conditions, government action, natural disaster, labor market conflict, disturbances in electricity networks or communication networks or a similar event, fire or sabotage.

15. Intellectual property rights

15.1

All intellectual property rights in Toothie, including naming rights, trademarks, trademarks (both registered and unregistered), copyrights (including source code), software licenses or patents, belong to Us or Toothie's Group Company. Nothing in these Terms shall be construed as a transfer of these intellectual property rights. All copying, modification, transfer and / or other use of materials not expressly permitted under these Terms is prohibited. You acknowledge and agree that unauthorized use of these intellectual property rights may, in addition to violating these Terms, be criminal. We reserve the right to take legal action in the event of such unauthorized use of these intellectual property rights.

15.2

Any intellectual property rights that arise as a result of the provision of Toothie and / or other services to You shall accrue to Us with exclusive rights. Such an exclusive right includes a right to freely change, transfer and sublease such result.

15.3

You may not use Toothie (i) for any fraudulent or otherwise unlawful purpose; or disassemble any part of Toothie, including without limitation its object code or source code, (iv) to copy, reproduce, sell or otherwise exploit Toothie or its contents, (v) to remove any copyright, trademark or other proprietary notices; from Toothie or materials contained in Toothie, or to transmit or otherwise introduce viruses, worms, Trojans, or other malicious software or code, or otherwise damage or adversely affect Toothie's functionality or availability.

16. Transfer and use of subcontractors

16.1

We have the right to transfer all or part of our rights and obligations under these Terms to third parties, including the right to charge for a Consultation.

16.2

We have the right to hire subcontractors for the fulfillment of their obligations under these Terms.

17. Complaints

17.1

If you have a complaint regarding Toothie, please contact support in the first instance (see point 5).

17.2

The same applies if you have a complaint regarding the care provided by the Therapist within the framework of a Consultation. This so that We can put you in touch with the person who performed the Consultation.

17.3

Clarifications regarding the care that the Therapist has provided within the framework of a Consultation can also be submitted to IVO (Inspektionen för Vård och Omsorg). You can read more about what applies if you are not satisfied with the dental care at 1177.  

18. Applicable law; disputes

18.1

Swedish law shall apply to these Terms.

18.2

Disputes are settled in a general court.

Complete contact information

Information about Toothie care AB

Toothie care AB org. number 559144 - 0424 Danderydsgatan 26 114 46 Stockholm Email address: info@gofloss.se