These terms regulate your contractual relationship with KBB Medic AS ("KBB") relating to access and use of the "MEDGuideline" program (the "Programme"). To start the Program you must accept the general conditions, "Disclaimer". On the home page, the "Start" button with subtitle indicates: (By pressing the start button, you confirm that you are a healthcare professional and that you accept the general conditions) that you accept these conditions. Please read the following general terms and conditions carefully. If you do not agree to the terms, you must refrain from both registered and unregistered use of the Program.

1. Preliminary provisions

These terms govern the Customer's use of the Program, including future versions thereof. The program is developed and owned by KBB, a company with limited liability registered in Norway with organization number 912 372 022. 

"Customer" or "Customer" means the person or legal entity that is stated as a user during the introductory period where the Program can be used without registration. The program is only intended for professional actors, including doctors and other medically knowledgeable personnel. The program must only be used in commercial activities, and not by persons who are to be considered consumers in accordance with Norwegian legislation. The Consumer Purchase Act and the Cancellation Period Act do not therefore apply to the contractual relationship. 

KBB reserves the right to change the Program in any way without prior notice and at its own discretion. KBB also reserves the right to terminate all or part of the service temporarily or permanently with two weeks' notice. These terms only govern the version of the Program that is free. 

KBB will later be able to launch additional services or upgraded versions of the Program that require payment. For such payment services, separate terms apply either instead of or in addition to the current terms.

2. Access to the Program and processing of data

Kunden får tilgang til Programmet ved å logge seg på KBBs server via nettsiden www.medguideline.no

KBB vil ikke få tilgang til sensitiv informasjon om pasienter eller Kunden. Alt av Kundens data samlet av KBB skal behandles i henhold til de lover og forskrifter som gjelder i Norge. 

KBB forbeholder seg retten til å samle anonymiserte data lagt inn av bruker for å lage statistikk over bruk.

3. The program is an aid for medical personnel, and is not a substitute for assessment by a doctor

The program is an aid for medical personnel to ensure the quality of diagnosis and treatment of patients with chronic diseases. The program has been developed for use by Norwegian doctors who treat patients in Norway. The program is based on the following international and Norwegian guidelines per August 2023: 

-Global Strategy for the Diagnosis, Management and Prevention of COPD, Global Initiative for Chronic Obstructive Lung Disease (GOLD) 2014. http://www.goldcopd.org

-Gulsvik A, Lund J, Austegard E, Henrichsen SH, Langhammer A, Refvem OK, Castle NM, Frisk B. National professional guideline and guide for prevention, diagnosis and follow-up of people with COPD: Directorate of Health; 2012.

– Global Initiative for Asthma, 2019. https://ginasthma.org

– International ERS/ATS guidelines on definition, evaluation and treatment of severe asthma. European Respiratory Journal 2014 43: 343-373.

 

- Ministry of Health and Care. Regulation on benefits to cover expenses for important medicines etc. (blue prescription regulation)  FOR-2007-06-28-814.

KBB uses the EMC and FDA website as a source for up-to-date information on available medicines in UK & US. Although KBB endeavors to keep information in the Program up to date, deviations and errors may occur. KBB does not guarantee that the information about available drugs, prices etc. is correct at all times. 

Diagnosis and treatment require clinical judgement, and the Program can in no way replace the assessment of a doctor. Each diagnosis requires a correctly performed examination and the correct completion of all question fields. The program provides an automated treatment decision. Such a decision must and can never replace clinical assessment by a doctor. It is the attending physician who is responsible for treating the patient. KBB has no treatment responsibility on the basis of treatment recommendations generated by the Programme. 

When drugs in a drug group are sorted in the Programme, this is done on the basis of user-defined choices. 

Reference values for the lung function measure FEV1 depend on gender, body height, age and ethnicity and assume that correct information forms the basis for calculations. There are situations where such reference values will be poorly adapted to a patient, such as: thoracic deformities, post-operative changes, if reference equations adapted to the patient's ethnicity are not available, and the like. In such situations, the Program may give an incorrect conclusion.

KBB is not responsible for correct diagnosis or treatment, as this must be quality assured and carried out by a qualified doctor.

4. The customer's right to access the Program

KBB grants the Customer a right to access and use the Program in accordance with the provisions set out here. The right ceases at the end of the contractual relationship, cf. point 7. 

The contractual relationship between the parties does not involve any transfer of intellectual property rights from KBB to the Customer. KBB retains ownership of all intellectual property rights and know-how related to the Program, including its current and future versions.

The customer has no right to, for example, sell, lend, license, distribute in any way (free or for a fee), create derivative works of, copy, gain access to or attempt to gain access to the source code, mirror or reverse engineer, any part or function of the Program, including any underlying intellectual property rights and/or know-how. This includes making the Program available to others through networks. The list is not exhaustive.

KBB may from time to time request feedback from the Customer about the Program. Giving feedback is voluntary. KBB will have the exclusive right to use all suggestions, recommendations or other feedback from the Customer relating to the Programme. Such right is royalty-free, worldwide, irrevocable and perpetual.

The customer accepts that KBB can, at its own discretion, establish all types of IPR protection relating to all or parts of the Programme, including but not limited to the establishment of protection such as patent, design or trademark.

5. Use of the Program

By accepting these terms, the Customer is given access to and the opportunity to use the Program during the agreement period.

Use of the Program will entail data costs/internet costs from the Customer's Internet provider. The customer himself is responsible for such costs. 

The customer must use the Program in accordance with KBB's instructions and in accordance with applicable laws and regulations. The customer uses the Program at his own risk. 

The right to use the Program applies only to the Customer's own use. The Customer shall not allow any third party to access the Program, and shall make reasonable efforts to prevent unauthorized access and use.

The customer further undertakes to use the Program in good faith, and not to gain access to or use the Program to engage in unfair and/or illegal behaviour, including infringing any of KBB's intellectual property rights and/or other rights to the Program and its content. 

When it comes to the use of the Program by a legal entity, for example an employee or other person acting on behalf of the Customer, all such use shall be made in accordance with these terms. The customer is obliged to inform all such users about rights and obligations associated with the use of the Programme. The customer is responsible for all such users' use of the Program, and is responsible for any violations of the terms and conditions as if the actions and/or omissions were done by him.

 

6. Disclaimer and limitation of liability

6.1. Disclaimer
The program is provided "as is", without guarantees of any kind. The program is available free of charge and the quality of the program may vary. KBB does not guarantee that the Program will be available and working at all times.

KBB does not guarantee that use of the Program will be error-free. KBB will implement the measures that can reasonably be required to avoid the service being used in an unjustified or illegal manner by third parties. However, KBB points out that KBB does not accept responsibility for damage resulting from the actions of third parties, such as the spread of viruses or trojans in the Programme.

KBB does not take any responsibility for errors on external websites such as, for example, the Felleskatalogen's website.

6.2. Begrensning av erstatningsansvar.
Under no circumstances shall KBB be liable to the Customer for any lost profit or income or lost data, or for any indirect loss regardless of the cause. This disclaimer applies to the extent that it does not conflict with binding law. 

KBB's liability for losses resulting from or related to the Program shall never exceed NOK 500.

7. Duration of the agreement

For unregistered users, the contractual relationship will apply from the start of the Program until logout. For registered users, contractual relationships will start upon registration and last until terminated by one of the parties. 

8. General regulations

8.1 Communication
All communication required or permitted in accordance with these terms must be sent to KBB electronically to the following e-mail address, unless otherwise expressly stated in the provision in question:

KBB Medic AS

post@kbbmedic.no

All communications to the customer can be sent by e-mail to the e-mail address the customer has provided in the order form.

8.3. Transfer of rights and obligations

The customer is not entitled to transfer his rights and obligations under this agreement. 

KBB has the right to transfer its rights and obligations under this agreement. 

8.2. Governing Law and Disputes
The agreement shall be regulated and interpreted in accordance with Norwegian law. The Bergen District Court is adopted as the court of jurisdiction for the agreement, unless mandatory law dictates a different court of jurisdiction. 

8.3. Invalidity
If any provision in these terms and conditions is found to be invalid, illegal or unenforceable by a Norwegian court or other competent authority, the provision in question shall be replaced by a new provision which shall, to the greatest extent possible, safeguard the considerations and purpose behind the original provision and the the financial balance in the original provision, to the extent that this is possible taking into account the court's decision. All remaining provisions shall apply.

9. Modifications and changes to the terms

KBB can change and/or make additions to the terms and conditions at its own discretion. In the event of such changes/additions, the Customer will be informed by means of a message on our login page where you will be asked to accept the new terms through the Program when logging in. If the customer does not accept the new terms, he must refrain from using the Program.

This agreement was last updated on September 7, 2023.