Our mission at Arthronica is to empower patients with their arthritic care.
Please read these terms carefully so that you understand them. These terms cover all the services we provide through the Arthronica website (the “Platform”) and associated applications that are available on the Android or Apple stores (each an “App” or together, the “Apps”). When you use the services we provide on our Platform, including, but not limited to the Arthronica: messaging service; image and video analysis service; appointment services; and assessment services (Each a “Service” and together, the “Services”).
These terms include details on our complaints procedure and what is required from you to provide the Services.
Procedure Health Limited (“Arthronica”, “we”, “us” or “our”) is a company registered in England and Wales under company number 12992309 and has its registered office at Procedure Health Limited, 16 Great Queen Street, London, WC2B 5AH. We own the rights in, and operate, the Arthronica Services on the Arthronica Platforms.
Put simply, we are here to serve you and aim to ensure you have the best possible experience. We hold ourselves to the highest legal and ethical standards and we value hearing from you so if you have any questions or ideas for our Services, or if you need to provide notice to us, don’t hesitate to get in touch. You can contact us at firstname.lastname@example.org or use the contact form on our website.
You may also wish to contact us: if there is something in these terms and conditions that you don’t understand and want to talk to us about it; or if you would like a copy of these terms and conditions in another format (for example, in large print).
You will be asked to accept these terms as part of your account registration. We may update the terms from time to time, and if your rights change we will always notify you of this. If you do not agree to, or cannot comply with these terms as amended, you should not use our Platform or Services. You will be deemed to have accepted these terms as amended if you continue to use the Platform after any amendments are made.
By signing up to and using our Services on our Platform you are confirming that:
If you are not a patient as described above or you do not agree to these terms and conditions, you should not register to use our Platform.
The Arthronica Platform is a software-based medical device that enables remote and accurate monitoring of motion patterns and joint range of motion (“ROM”) from a camera. Objective measures of ROM are a key factor to estimate the loss in functionality and mobility in arthritic patients clinically diagnosed with:
Standard clinical practice makes use of goniometers and self-reported questionnaires. But these are resource-intensive scoring systems, affected by high inter- and intra-reader variability and low sensitivity. This can result in patients not receiving appointments with the advised frequency while the condition worsens, or the hand arthritis state being wrongly classified.
The Arthronica Platform allows quantifying remotely and objectively the loss in mobility from patients with hand arthritis. The Platform looks at subjects with clinically confirmed hand inflammatory arthritic disorders and provides an objective and rapid estimate of joint mobility ranges. The Arthronica Platform provides patients and their chosen physicians these angles of mobility so that you can better be supported with your condition with your historical data easily visible at all times.
We aim to make the Arthronica Platform as accessible and as easy to use as possible on all devices that connect to the internet. This being said, devices purchased before 2012 that have not been updated to the latest device and browser software may struggle to load features and services we provide. We will take all reasonable efforts to deliver our Services to your device as intended for best use, but we have no control over or responsibility for any individual device used to access our Platform and Services.
We would recommend using devices such as desktops, laptops, tablets or phones bought after 2012, in full working order, running the latest software and with updated browsers. For example, an iPhone version 5 or higher running iOS 10 or higher, or Android-enabled phones running Android v4.3 or higher. Our Platform will work best with a consistent 4G connection or faster data connection and does not operate to full reliably on 3G, GPRS or EDGE connections.
We recommend that if you are using a wireless network to access the Arthronica Platform, you avoid the use of public wi-fi facilities in favour of a personal wi-fi connection and check that the wireless network is secured with WPA-2 security. We recommend that the device from which you access the Arthronica Platform is password-protected, set to lock after a short period of inactivity, and protected with suitable anti-virus and anti-malware software.
From time to time, updates to the Arthronica App may be made available to you. We recommend that you use the latest version of the App at all times, to take advantage of the latest enhancements. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms.
The Arthronica Platform is only intended to be used by particular patients, as described in the section, “Conditions of use” above.
The information on the Arthronica Platform (including any information which we generate on your behalf by analysing or otherwise processing your data) is for general information only. It is NOT intended to amount to advice upon which you should rely and it is NOT, under any circumstances, a substitute for the advice of your doctor, physician, clinician or other healthcare professional.
If you have any questions or concerns about individual health matters or the management of your condition, please consult your doctor, clinician or other healthcare professional. You must obtain their professional or specialist advice before taking, or refraining from, any action on the basis of the information on the Arthronica Platform.
We make all reasonable efforts to ensure the accuracy of the information on the Arthronica Platform. However, we make no representations, warranties or guarantees, whether express or implied, that the information we provide is accurate, complete, up-to-date or that it will meet your health or medical needs.
Please also see the section, “Our responsibility for loss or damage suffered by you” below for further information.
These terms and conditions grant you the right to use the Arthronica Service and Platform. They also contain various restrictions on how you can use the Arthronica Platform, to ensure it is not unlawfully misused or copied. Your agreement to these terms and conditions becomes effective immediately when you register your account either as a Patient or as a Physician. Your right to use the Arthronica Platform will continue until you or we end our agreement under these terms and conditions.
In return for agreeing to comply with all stated terms and conditions, you may use the Arthronica Services via either the Arthronica website or download and use the Arthronica App from either the Apple or Android stores. These are permitted to use our Services on an unlimited number of mobile/handheld devices, and view, use and display the Arthronica Platform on those devices for your personal, non-commercial use.
The right to use the Arthronica App is personal to you. You may not transfer your Arthronica account to someone else (whether for money, services equating value, anything else or for free). Anyone else wishing to use the Arthronica Platform and Services must agree to these terms and conditions directly. If you sell any device on which the Arthronica App is installed, you must either wipe/reset the factory settings of the device or remove the Arthronica App from it. If you sell any device on which you are signed in to your account on the Arthronica Platform, you must either log out of your account or wipe/reset the factory settings of the device.
You will not own or have any rights in or to the Arthronica Platform (including in or to any data or content we generate on your behalf).
Our Analytical Services are provided to patients free of charge. Here is how you should rely on them and when you should use them.
Our Platform’s Analytics Services (or “Analytics”) are able to display data resulting from the information given to us including medical, health, situational, photographic, video and other related data requested, which is passed to us through the Arthronica Platform.
Analytics Services are not a medical device nor should they be used for diagnosis or treatment of any condition. It is intended as an information aid only.
Data may be input into the Arthronica Platform for Analytics:
Analytics enables the display of data only, this is limited to the receipt of data from the above sources, does not provide diagnostic or other advice or recommendations, and does not provide a complete or up to date record of your health at any given time.
It is your responsibility to update the data stored for Analytics Services and to ensure that it is current and up to date. We do not update or monitor the data in your account nor accept responsibility for ensuring that all activity through the Platform is logged for Analytics.
Analytics may make use of data feeds from third-party providers which you provide us access to. You acknowledge and agree that available data feeds may vary from time to time, that we make no guarantee that any particular data feed will be available or available at a particular time, and that data feeds may require your authorization in order to be accessible to you via the Platform.
Analytics Services may display certain information relating to you derived from data stored for you (for example, body mass index) and recognised guidelines for your condition. You should note however that any such display or information provided is based on generic data and assumptions, and is not designed to be and may not be used for personalised advice. It should, therefore, be treated as a general guide and is not a substitute for personal medical advice or diagnosis. It will, in addition, be based on a number of assumptions that may or may not be accurate or applicable to you. No responsibility is taken for any action or omission that you may take based on in connection with or in reliance upon any information shown in our Analytical Services.
The ways in which you can use the Arthronica Platform may also be controlled by Google or Apple’s terms and conditions when you download the Arthronica App from the Apple or Android App store. If this is the case, Apple’s or Google’s terms and conditions will apply alongside our terms and conditions where there are differences between the two, the relevant app-stores policies will supersede ours unless English or EU law prohibits this.
Apple’s app store terms can be viewed here.
Google’s app store terms can be viewed here.
Under data protection laws, we need to tell you about how we process your personal data and for what purposes, and your rights in relation to your personal information and how to exercise those rights. This includes data we obtain from images and videos which you upload and technical information we obtain from your device when you use the Arthronica Platform.
By creating an account you agree to treat the information of other Arthronica Platform users confidentially and agree not to share other users information with anyone else. You must inform us if you know or suspect that anyone else has gained access to an Arthronica Platform users’ information via your account or your device or any other persons account or device.
In order to use the Arthronica Platform, you will need to register and create an account with us. When you register to use the Arthronica Platform, you agree to provide accurate, current and complete information about yourself (including your clinical condition so that we can analyse your data correctly). If the information you provide is inaccurate, incomplete or not up-to-date, we reserve the right to suspend or terminate your account.
You may only create a single account, you are never permitted to create multiple accounts, whether you are using different names, email addresses or nicknames. We reserve the right to suspend or terminate any accounts which we consider having been created in breach of this condition.
The Arthronica Platform is developed for use on all devices that have access to a web or an internet browser. We do not guarantee, however, that the Arthronica Platform can be accessed and used on all compatible devices with an internet browser or on all wireless service plans, nor do we guarantee that the Arthronica Platform is available in all geographic locations.
The Arthronica Platform is also developed for use on both Android and iOS mobile operating systems and can be operated from a number of compatible mobile and handheld devices, subject to having suitable functionality and memory capacity. We do not guarantee, however, that the Arthronica App can be accessed and used on all iOS compatible devices or on all wireless service plans, nor do we guarantee that the Arthronica App is available in all geographic locations.
The functionalities and features of the Arthronica Apps and Platform may differ between devices. In order to use the Arthronica Platform as described, your device must have a working camera, and your device settings must permit the Arthronica Platform to access the camera. Please contact us if you would like further information on the minimum device or system requirements or see the section “Technical Requirements For Using Our Platform” above.
We are not responsible for issues relating to the internet generally, such as broadband availability, connection speed and other matters outside of our control which may affect the quality and availability of the Arthronica Platform, and your ability to use it.
While we take reasonable measures in accordance with good industry practice to ensure the Arthronica App and Platform are very secure, we cannot guarantee that it will be secure or free from bugs or viruses. You should, therefore, take your own precautions in this regard, including:
The Arthronica Platform is not intended to be used by anyone under the age of 18. You must be 18 or over to accept these terms and conditions. If you do not agree to, or cannot comply with these terms, you should not use our Platform.
Your (or the device owner) internet / mobile service provider or other third parties may charge you for accessing the Arthronica Platform on your device, including data charges. These charges, and any other similar costs to use the Arthronica Platform, are your (or the device owners) responsibility. You will not be paid in any way for using the Arthronica Platform.
You confirm you own or have obtained permission from the owner of, any device that you are using to access the Arthronica Platform or App. You will be responsible for complying with these terms and conditions, whether or not you own the device. You are responsible for all uses of the Arthronica Services on our Platform through your account (including use by others) and for complying with these terms and conditions, whether or not you own the device that the Arthronica Platform is running on and Services are being used on.
When you provide an email address, username and password for your account, or any other piece of information as part of our security procedures, you must treat such information as confidential. You agree to keep your account details safe and you must not disclose that information to anyone else. If you know or suspect that anyone other than you knows your account details or you become aware of any other breach of security, you must promptly notify us either through our free messaging Service, by calling or emailing us via the details provided in the ‘Contact us’ section above.
As the Arthronica Platform, Services and Apps evolve, we may make updates or modifications to improve their functionality, enhance performance, reflect changes to users' needs, address security issues or for other purposes. We may ask you to update the Arthronica App for these reasons or automatically update the App remotely. If you choose not to install these updates or if you opt-out of automatic updates to the App you may not be able to continue using the Arthronica App. The web Platform will update continuously to address user needs as stated above and we will always welcome your feedback through our messaging service or any ideas you have for new features.
These updates or modifications may result in loss of content or information (although very unlikely) within the Arthronica App or Platform. We reserve the right to make these updates or modifications and will not be held liable to you for such updates or modifications and their resulting loss of information.
What happens if we change these terms? We may need to change these terms sometimes, for example, when the rules regulating our services change, in order to ensure that our services are secure and your information is safe, or when we update or modify our services or our Charges. If we make a change to these terms that affects your rights or obligations, we will notify you.
The Arthronica Platform or App may contain links to other independent apps or websites which are not provided by us. These independent apps and websites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent apps or websites, including whether to buy any products or services offered by them.
You agree that you will:
Other limitations and restrictions on the use of our Services.
All intellectual property rights in the Arthronica Platform and Services, and any patches and updates to them, whether currently in existence or created in the future, and wherever they exist in the world, belong to us or our licensors. Those rights are licensed, not sold, to you.
You agree that your use of the Arthronica Platform and Services does not create any intellectual property rights of your own in, or to, the Arthronica App. All rights in any outputs from your use of the Arthronica Platform and Services, including any information which we generate on your behalf by analysing or otherwise processing your data, and any changes to any algorithms within the Arthronica Services, will be owned by us.
Our reference to “intellectual property rights” in this section includes but is not limited to, all of the following: titles, computer code, themes, objects, characters, character names, stories, text, graphs, dialogue, catchphrases, locations, concepts, artwork, animation, sounds, musical compositions, music, audio-visual effects, images, photographs, methods of operation, moral rights, any related documentation, and “applets” incorporated into the Arthronica Platform and Services.
You acknowledge and agree that the content and information contained in, and your use of, the Arthronica Platform that is not already publicly available shall be considered strictly confidential unless we explicitly authorise public disclosure. You undertake that you will respect and preserve the confidentiality of the Arthronica Platform, both while you are using it and if you stop using it for any reason.
You must not capture or recreate any functions, features, concepts, content, data, images or other information of or from the Arthronica Platform (which includes taking screenshots, screengrabs or similar). You must not disclose, post, disseminate or otherwise publish any of those functions, features, concepts, content, data or images, or any other confidential information in or relating to the Arthronica Platform, without our explicit written permission. This includes publishing or posting on social media or elsewhere on the internet.
In addition, you must not use any confidential information in or relating to the Arthronica Platform (including functions, features, concepts, content, data or images) for any commercial, industrial or other purpose or benefit.
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms and conditions or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Your only right or remedy with respect to any problems or dissatisfaction you have with the Arthronica Platform for unforeseeable loss or damage is to uninstall it or stop using it. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms and conditions, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation. If you require any advice on your legal rights, you can refer to Citizens Advice.
When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you reasonable compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us and you should take all reasonable measures to protect your data, including regular backups.
We are not liable for business losses. The Arthronica Platform is for domestic and private use. If you use the Arthronica Platform for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the Arthronica Platform. The Arthronica Platform is provided for informational purposes only and use of the Arthronica Platform is at your own risk. Please also see “Reliance On The Arthronica Platform” above for further information.
The Arthronica Platform is also provided on a free, “as is” and “as available” basis and we cannot guarantee that it will be error-free or that your use of the Arthronica Platform will be uninterrupted.
We will not be liable to you for any loss or damage you suffer in connection with use of, or inability to use, the Arthronica Platform, nor will we be liable for any loss or damage you suffer in connection with your use of, or reliance on, any content or information on the Arthronica Platform or in our Services.
Please back-up or save content and information from the Arthronica Platform. We recommend that you back up any content and information used in connection with the Arthronica Platform (including any information which we generate on your behalf by analysing or otherwise processing your data), to protect yourself in case of any problems with the Arthronica Platform.
You may end your agreement with us under these terms and conditions at any time by discontinuing your use of the Arthronica Platform and Services and deleting your account. If you decide to end your agreement with us, you should also (if using our App) delete the Arthronica App from your device.
We may suspend or end your right to use the Arthronica Platform, Services and App (for example, by contacting you or by deactivating your account) at any time for any reason, not limited to, but including the following:
You must stop using the Arthronica Platform and Services immediately if we suspend or end your right to use it. In addition, if we end your right to use the Arthronica Platform and Services, you must also (if using the App) delete or remove the Arthronica App from the devices in your possession and (if we request it) confirm to us that you have done this.
We may transfer our rights and obligations under these terms and conditions to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these terms.
You may not transfer your rights under these terms and conditions to another person.
Only you and we can enforce these terms and conditions. They do not confer any rights on anyone else who is not a party to these terms and conditions.
What happens if you have a complaint about our Services or disagree with us about anything to do with these terms:
Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing these terms and conditions, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these terms and conditions, or if we delay in taking steps against you in respect of your breaking this agreement between us, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
These terms and conditions are governed by English law and the English courts shall have exclusive jurisdiction to hear any claim arising out of or in connection with these terms and conditions or the use of our Platform and Services. If either of us wishes to bring legal proceedings, we both agree we must do so in the English courts, except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
We may need to change these terms and conditions to reflect changes in law or best practice or to deal with additional features which we introduce. We will give you at least 30 days’ notice of any change by sending you an email with details of the change or notifying you of a change when you next start the Arthronica App or use the Arthronica Platform. If you do not accept the notified changes you will not be permitted to continue to use the Arthronica Platform, Services or App.