Oltair terms of use

These are the rules for using the OLTAIR app — the mobile app and its web version alike; they apply to both. They sit next to one other document, "What we do with your data, and what you agree to", which you read at sign-up. These terms call it the data document. Everything about your data is in it, and if the two ever seem to disagree about data, the data document wins.

Before you agree

The app is made and run by OLTAIR Systems Czech s.r.o., a company in Olomouc. Your agreement is with us, not with Apple or Google.
For study participants the app is free. If we ever offer paid extras, you buy them through Apple or Google at the price shown there, and you can always say no.
If we sell you a product, such as a test kit, you buy it from us by card, and you can send it back within 14 days unless you have broken its seal.
It is for adults. It is not a medical device.
You can leave at any time by deleting your account inside the app.
Czech law applies. If we cannot settle a complaint about a paid feature or a product, you can turn to the Czech Trade Inspection Authority.
We can change these terms with 30 days' notice, and you can leave instead of accepting.

1. Who we are and how to reach us

OLTAIR Systems Czech s.r.o., Šemberova 73/10, 779 00 Olomouc, Czech Republic, company number 24604712, registered at the Regional Court in Ostrava under file C 103087. Write to [email protected] or call SUPPORT_PHONE with any question, complaint or claim about the app. We, not Apple or Google, are responsible for the app.

2. Your account

The app is for people aged 18 or over. If we learn that an account belongs to someone younger, we close it and delete its data.
One account per person. Give us a working email address, keep your sign-in details to yourself, and tell us at once if you think someone else has used your account.
Your agreement with us starts when you create your account. There are two ways in. If you have joined a study, you verified your identity with bank identity on the study website and we take your name, surname, date of birth and email into the app from there; we do not ask for them again. If you come by invitation, you enter the invitation code, an email address and a password and confirm that you are at least 18. From there the steps are the same either way: read these terms and the data document, tick that you accept these terms, make your choices in the data document, and confirm. The account exists only once you confirm. Before you confirm you can go back and correct anything. We keep a record of the version you accepted, and you can read it in the app at any time. We email you a copy when your account is created. The agreement is made in Czech.
Under Czech law you could withdraw from an agreement made at a distance within 14 days. By creating your account you ask us to start providing the app at once and you acknowledge that this ends that right. You lose nothing by it: you pay nothing for the app and you can delete your account at any time. Paid extras are bought from the store, whose rules on changing your mind apply.

3. What the app is, and what it is not

It keeps your answers in one place, shows simple indicators of how you are living, runs an assistant that explains them, and prepares a summary you can download and give your doctor.

It is not a medical device. It does not diagnose, treat or prevent anything. The indicators describe your lifestyle. They are not a clinical measurement and not a second opinion. Talk to a doctor about anything that worries you, and never delay seeing one because of what the app showed you. In an emergency call 155 or 112.

What you do with what the app shows you is your decision.

4. The assistant

The assistant is software, not a person, and it says so whenever you open a conversation. It can be wrong, incomplete or out of date. It does not give medical advice and does not tell you what is wrong with you. Treat what it says as information to weigh, not instructions to follow.

5. Using the app

We give you a personal licence to use the app on phones and other devices you own or control, for your own purposes. It lasts for as long as you keep to these terms. You cannot pass the licence to anyone else, except as section 15 says about Apple's Family Sharing. It does not include the right to copy the app, its indicators, its models or its content, or to sell or offer any of them to others.

Do not:

try to break into, overload, copy, take apart or extract data from the app or our systems, or run scripts or bots against them;
use the app to harm, harass or deceive anyone, or for anything unlawful;
upload anything you have no right to use, or photographs of other people;
let anyone else use your account.

The rules of the store you got the app from also apply to how you use it.

6. Your content

Your answers, photos, messages, documents and anything else you put into the app stay yours: you keep the copyright and other rights in them. By putting them in you grant us a royalty-free, non-exclusive, worldwide, perpetual, transferable and sublicensable licence to use them in every way known when this agreement is made — in particular to store, copy, modify, translate, analyse, create derivative works from and process them with automated tools — to run, improve and develop the app and our other products and services, and for the purposes the data document allows. Personal data inside that content we may use only as the data document allows; this licence does not widen that. You confirm that you hold the rights needed for what you put in. You are responsible for what you upload. We can remove or refuse content that breaks these terms or the law, without notice.

If you send us ideas or suggestions, we may use them without owing you anything.

7. Paid features

For study participants the app is free. We may offer paid extras. If we do:

You buy them through Apple's or Google's in-app purchase, at the price shown there before you pay, tax included.
Your purchase contract is with the store, and the store's rules govern payment, cancellation, changing your mind and refunds.
A subscription renews automatically until you cancel it in your store account. A cancellation takes effect at the end of the period you paid for.
A trial is free until it ends. We tell you its length and the price that follows before you start.
No choice in the data document is a condition of any paid feature, and no paid feature is a condition of any choice about your data.

8. Products we send you

We may offer products that we post to you, such as self-sampling test kits. If we do:

You buy from us. You order in the app and pay by card or another method offered at checkout, not through Apple's or Google's store. The price with tax and the delivery charge are shown before you confirm, and the confirming button says that the order obliges you to pay. We confirm the order by email; that email and these terms are your contract with us.
Delivery. We send the product to the address you give, within the time shown at checkout and at the latest within 30 days. It is yours, and at your risk, once you or a person you name take it over.
Changing your mind. You may withdraw from the purchase within 14 days of taking the product over, without giving a reason. Tell us at [email protected] or by post to the address in section 1. You may use the words "I withdraw from my order [number] of [date] for [product]", with your name and address. Send the product back within 14 days after that, at your own cost. We refund everything you paid, including the cheapest delivery we offered, within 14 days of your withdrawal, by the means you paid with. We may wait until the product is back with us or you show you have sent it. A kit sealed for hygiene or health-protection reasons cannot be returned once you have broken the seal.
The test. By sending your sample to the laboratory you ask for the test to be performed before the 14 days are over. You accept that once it has been performed you can no longer withdraw from it.
Faults. If a product is faulty, tell us within two years of taking it over. You may ask for a replacement or a repair. If we cannot provide one, or the fault is serious or keeps returning, you may ask for a price reduction or your money back. We settle a complaint, remedy included, within 30 days. We confirm in writing when we received it, what you asked for and how we settled it.
What a kit is. A self-sampling kit is made by the manufacturer named on it, and the manufacturer's instructions are the ones to follow. The sample is tested by the laboratory named at the order, which is responsible for the test and tells you the result directly. To fulfil your order we give the laboratory your name, contact details and order number, and nothing else. We do not receive your result unless you add it to the app yourself. A result is information, not a diagnosis; section 3 applies to it.

Nothing in this section limits your rights as a consumer under Czech law.

9. Access through an organisation or a study

An organisation may give you access to the app, for example an employer, a club or a university running a study. Its arrangement with us covers the commercial side. These terms and the data document still govern your own use, and the organisation gets nothing about you that the data document does not allow. If you join a research study through the app, the study's own documents govern your participation in it.

We run the website and the app of the NIKOL study for Univerzita Palackého v Olomouci, as its processor. What you fill in for that study is governed by the university's own documents; the same answers are also kept in your OLTAIR record, and what we may do with them is governed by the data document and your choices in it. Joining the study and using the app are separate: neither requires the other, and closing your account here does not end your participation in the study.

10. Keeping the app working

We keep the app working as described here for as long as we offer it, and we provide the updates needed to keep it that way. We tell you about updates that matter. Installing them is up to you, but the app may not work properly without them. The mobile app needs a phone with a supported version of iOS or Android, listed in the store, and an internet connection; the web version needs a current web browser and an internet connection, and serves to fill in the questionnaire. Readings need the phone's health store (Apple Health or Health Connect) or a compatible wearable; which wearables work with the app is listed in the app and in the store.

We may change, add or remove features for a fair reason: to keep the app secure, to keep it working with new phones and the stores' rules, to meet the law, or to improve it. If a change takes away something you rely on, we tell you at least 30 days before it happens, and you can leave.

The app depends on Apple, Google, device makers and other providers. When their services change or fail, parts of the app may not work. We are not responsible for their services.

If something does not work as described, tell us at [email protected]. We settle a complaint and tell you the outcome within 30 days: we fix what is wrong or say why we cannot. Your rights under Czech law when digital content is faulty are untouched by anything here.

11. Ending

You can delete your account in Settings at any time. What happens to your data then is in the data document.

We can suspend or close your account if you break these terms, if the law requires it, or if we stop offering the app. We tell you before we do, except where telling you first would defeat the purpose, for example during an attack on our systems. In every case we tell you afterwards. If we stop offering the app, we tell you at least 30 days ahead so you can take your data with you.

12. What we are responsible for

We are responsible under Czech law for harm we cause you, and we do not limit that. In particular, nothing here limits our responsibility for harm to your life or health, or for harm caused intentionally or by gross negligence. Nothing here limits your rights as a consumer, including your rights when the app does not work as described.

Two things are not ours: the services of Apple, Google, device makers and network operators, and losses that come from your own breach of these terms.

13. Changing these terms

We may change these terms, within reason, to reflect a change in the law, in the app's features, or in how we provide the service. We may also change them to correct a mistake. We tell you in the app and by email at least 30 days before a change takes effect, and we say what changed. If you do not accept the change, delete your account before that date. Using the app after that date means you accept the new terms. A change to these terms never changes what the data document allows.

14. Law, disputes and complaints

Czech law governs these terms. If you live in another country of the European Union, the protections that your own country's law gives consumers still apply to you. Disputes go to the Czech courts, unless the law of the country where you live gives you the right to your own courts.

If you have a complaint, write to us first at [email protected]. If we cannot settle a dispute about a paid feature or a product, you can turn to the Czech Trade Inspection Authority, Česká obchodní inspekce, Gorazdova 1969/24, 120 00 Praha 2, www.coi.gov.cz. It settles consumer disputes out of court where the consumer has paid or agreed to pay. The same authority supervises consumer protection, and you can complain to it about us at any time. A dispute about the free app that we cannot settle goes to the courts.

15. Apple and Google

If you use the app on an Apple device:

These terms are between you and us, not Apple. We, not Apple, are responsible for the app and its content.
Your licence covers Apple devices you own or control, under the usage rules of Apple's media services terms, including Family Sharing where those rules allow it.
We, not Apple, provide maintenance and support. Apple has no obligation to.
If the app fails to meet a warranty that applies to it, you may tell Apple, and Apple will refund what you paid for the app, if anything. Apple has no other warranty obligation. Everything else is between you and us.
We, not Apple, deal with any claim about the app: product liability, compliance with the law, consumer protection, privacy, and claims about the app's use of your health data.
We, not Apple, deal with any claim that the app infringes someone's intellectual property.
You confirm that you are not in a country under a United States embargo or designated by the United States as supporting terrorism. You also confirm that you are not on a United States list of prohibited or restricted parties.
Our name, address and contact details are in section 1.
You must keep to the terms of other services you use with the app, such as your mobile operator's.
Apple and its subsidiaries may enforce these terms against you as third-party beneficiaries.

If you use the app on an Android device, Google Play's terms govern the store and any purchase made there.

16. Other points

If OLTAIR is sold, reorganised or wound up, whoever takes over steps into these terms and must honour them and the data document. You are told before anything moves.
You cannot transfer your account or your rights under these terms to anyone else.
If a court finds a sentence of these terms invalid, the rest stands.
These terms, the data document and the store's rules are the whole agreement between you and us about the app.
The Czech text is the binding one. This English version is for information.

Terms of use, version 1.6 · DATE · OLTAIR Systems Czech s.r.o.