General terms and conditions
1.1 These general terms and conditions are a legal agreement between you and Popit. Please read these through carefully before using any Popit Services. As used in these Terms, ‘you’ or ‘users’ refers to individuals using Service. By using Service, you unconditionally agree to follow and be bound by these Terms. If you do not agree to these Terms, you may not use Service and should not purchase Services..
1.2 Popit Ltd. (“we” or “us” or “Popit”) provides devices, online services and mobile services. The Site (popit.io), Popit Connect, Popit Sense and Popit App are referred to together as Service (“Service”).
1.3 These Terms and conditions together with the Privacy Statement (collectively “Terms”) govern your use of Service where you accessed these Terms and use of the related Services.
1.4 Popit reserves the right to modify Terms at any time without prior notice. You are responsible for regularly reviewing Terms. Your continued use of Service shall constitute your consent to any changes and modifications.
1.5 Popit respects your rights to privacy and protection of personal data. The privacy statement, as amended from time to time, is applicable to these Terms and to Services.
2. Use of Service
2.1 To use Service, you must be at least 18 years of age. If you are at least 18 years of age but a minor where you live, you must review Terms and have your parent or legal guardian complete the registration on your behalf for you to use Service. The person completing the registration must be legally competent. By accepting these Terms and starting the use of Service, you represent and warrant that you have complied with the aforementioned procedure.
2.2 User may use functionalities of Service provided by Popit. You may use some of the functionalities of Service without a registration, certain functionalities of Service may require registration.
2.3 In case you choose to register to Service, you agree to provide truthful and complete information when registering for Service and to keep that information updated. Providing misleading information about your identity is forbidden.
2.4 When you register, you will create a username and a password. You are personally responsible for any use of Service with your username and password. You agree to take due care in protecting your username and password against misuse by others and to promptly notify Popit about any misuse.
2.5 You may terminate your registration if you no longer wish to use Service. After termination, you will no longer have access to Service.
2.6 Popit may terminate this agreement or restrict your access to certain parts of Service or take any other action of whatsoever nature, as it may deem appropriate at its exclusive discretion, if there is an indication that you have breached Terms.
2.7 Popit reserves the right, at its sole discretion, to change, improve and correct Service. Service may not be available during maintenance breaks and other times. Popit may also decide to discontinue Service or any part thereof at its sole discretion. In such case you will be provided a prior notification (only applicable for registered users). Popit shall not be liable to you or any third party for the possible discontinuance of Service or any part thereof.
2.8 Upon any termination by either you or us, you must promptly uninstall Popit App on all of your devices, stop using Popit Sense and destroy all materials downloaded or otherwise obtained from Service.
3.1 User uses Service at his or her sole risk; Service is provided as is and Popit does not grant any warranty or guarantees with respect to Service, Service outcomes, quality, non-violation of third persons’ rights, or other circumstances.
3.2 You should not and must not rely on Service as your primary tool for determining whether and when to take medication. Your use of any aspect of Service is at your own risk. You must consult with healthcare providers and make your medical decisions based on their advice.
3.3 POPIT IS NOT PROVIDING MEDICAL ADVICE OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER IN RESPECT OF SERVICE, INFORMATION REGARDING MEDICATIONS, PILL DATA, HEALTH, CONTENT OF SERVICE (INCLUDING DATA PROVIDED BY POPIT SENSE OR POPIT APP) OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH SERVICE. ANY ACTIONS YOU TAKE BASED ON CONTENT, INFORMATION, NOTIFICATIONS AND OTHERWISE PROVIDED BY SERVICE ARE TAKEN AT YOUR SOLE RISK. YOU SHOULD ALWAYS CHECK ANY INFORMATION PROVIDED THROUGH SERVICE TO ENSURE ITS ACCURACY. SERVICE IS NOT INTENDED TO (AND DOES NOT) CREATE ANY PATIENT RELATIONSHIP BETWEEN YOU AND US, NOR SHOULD IT BE CONSIDERED A REPLACEMENT FOR CONSULTATION WITH A HEALTH CARE PROFESSIONAL.
4. Service ownership
4.1 The software and other Service-related technology and modifications thereof are the sole property of Popit and/or a third party and may be protected by copyright or other intellectual property right.
4.2 The User shall have no other right with respect to software or technology related to Service besides the use of Service as specified in these Terms. Based on these Terms, no rights are conferred with respect to use of the business names, logos, domain names, or other brand-related names or identifications of Popit or Service. Popit is entitled to free utilisation of any improvement suggestions, comments or proposals without compensation.
5.1 Your use of Service may be or may become subject to charges. Any fees charged by Popit will be announced separately in connection with Service.
5.2 You may incur additional fees from the use of mobile and/or Internet Services of your network or other telecommunications operator/carrier and/or other Service provider, including without limitation data transfer fees and other Services that require the use of airtime and mobile data Services. Popit or its suppliers assumes no responsibility for the payment of such fees. Your operator/carrier is in every respect solely responsible for Services it provides to you.
6. Limitation of Liability
6.1 Except for the limited warranty for Popit Sense, Service is provided on “AS IS” and “AS AVAILABLE” basis. Popit does not warrant that Service will be uninterrupted or error or virus-free. Popit reserves the right to revise Service and the contents or withdraw access to the same at any time. No warranty of any kind, either express or implied, including but not limited to warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose, is made in relation to the availability, accuracy, reliability, information or content of Service. You expressly agree and acknowledge that the use of Service is at your sole risk and that you may be exposed to content from various sources.
6.2 We do not warrant or guarantee that Service will function with your mobile or computing device or be compatible with the hardware or software on any particular devices. Information will be transmitted over a medium that will be beyond our control and jurisdiction; multiple factors, including network availability, your mobile or computing device’s system or operating system settings, may affect alert or notification delivery or otherwise interfere with the operation of Service.
6.3 Without limiting the foregoing, we, our licensors, and our suppliers make no representations or warranties about (1) the availability, accuracy, pill removal detection accuracy, reliability, completeness, quality, performance, suitability or timeliness of Service, Content, including software, text, graphics, links, or communications provided on or through the use of Service; or (2) the satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to Service.
7. Limited warranty (Popit Sense)
Popit Sense comes with a 1-year limited warranty. It means that for any faulty products we will offer exchanges up until one year from the original purchase date. Your order is faulty if it does not correspond product information available on online store. User has to contact us to have an RMA (Return Merchandising Authorization). This Warranty does not apply to any accident after the product has been delivered to the customer, such as:
- Cosmetic damage, including but not limited to scratches and dents;
- Damage caused by accident, misuse, unreasonable use, immersion in water, neglect, abuse, battery leakage, improper Service, or other external causes;
- Damage caused by operating the product outside the permitted or intended uses described by Popit in the accompanying leaflet;
- A product or part that has been modified;
- Defects caused by normal wear and tear or otherwise due to the normal aging of the product.
8. Refund and return policy
8.1 You may return our product for a full refund for any reason within the first 30 days upon receiving it. It must be returned in the original packaging with all components included. The price for any missing components will be deducted from the refund.
8.2 Please note that you are responsible for the cost of return shipping. Once we receive the unit in our facility, the return will be processed within 24 hours and the funds reflected in the bank account of the user typically within 5 business days.
9.1 The User is not entitled to transfer these Terms or the contract between the parties without the Supplier’s prior written consent. Popit is entitled to transfer Terms and the contract between the parties to a third party.
9.2 If a party abstains from using a right of the party based on these Terms, this does not limit the party’s right to refer to the right or other right of the party in similar cases later on.
You agree to defend, indemnify and hold Popit and its suppliers harmless from and against any and all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of i) your breach of Terms, ii) your infringement or violation of any intellectual property, other rights or privacy of a third party, iii) misuse of Service by a third party where such misuse was made available by your failure to take reasonable measures to protect your username and password against misuse.
11.1 Terms shall neither exclude nor limit any of your mandatory rights in your country of residence.
11.2 If a provision of Terms is found to be invalid, the validity of the remaining provisions shall not be affected, and the invalid provision shall be replaced with a valid provision that comes closest to the result and purpose of Terms.
11.3 Section 3 (Disclaimers), Section 4 (Service Ownership), Section 6 (Limitation of Liability), Section 11 (Miscellaneous), and Section 12 (Applicable law and dispute resolution) shall survive termination or expiration of this Agreement.
12. Applicable law and dispute resolution
12.1 These Terms and the contract between the parties are governed by Finnish law, excluding its choice of law provisions. Popit primarily aims to resolve the possible disagreements between us by negotiating. If any disputes arise in connection with these Terms or the contract between the parties shall be resolved once and for all through arbitration proceedings in conformity to the Arbitration Rules of the Central Chamber of Commerce by a single arbitrator. The arbitration proceedings take place in Helsinki, in the Finnish language; if the other party is not a Finnish company, the proceedings take place in English. The ruling by the arbitrator is final and binding for both of the parties; it can be enforced by any competent court. Either party is entitled to seek temporary injunctive relief.
12.2 If consumer protection laws apply, you can, however, always contact your local consumer advisor services, such as consumer rights advisors at a Local Register Office in Finland (https://www.kkv.fi/en/consumer-advice/).