Migrevention Terms and Conditions

Last updated: 26.06.2023

Migrevention OÜ is a provider of outpatient neurological services as a healthcare service, with the license number L05608. Additionally, Migrevention OÜ is also a producer of software medical devices and digital health applications and services, offering digital health and wellness services through their products.

  1. General 

  1. The parties involved in regulating their relationship are guided by these terms of use. Privacy terms are established separately. In cases not specified in the terms of use, the parties are guided by the laws applicable in the Republic of Estonia.

  2. The general part A of the general terms applies to all services provided by Migrevention. Part B of the general terms contains special conditions related to the provision of digital services, including conditions related to the use of the Migrevention Headache Application (hereinafter referred to as the Application). Part C of the general terms contains special conditions related to the provision of healthcare services.

  3. Please carefully review the respective general terms before using the Application and starting to use healthcare services. Access to the Application and the service depends on whether you agree to these terms. Once you have started using the service, it is considered that you have agreed to the general terms.

  4. Based on these general terms, the Application can only be used and services can only be ordered through the Application by the User themselves. The Application and healthcare service can only be used by adults (18 years and older).

  5. In addition to these terms, the terms and conditions of the respective App Stores (Apple App Store, Google Play Store, etc.) ("App Store") apply when downloading the Application, which the User has agreed to when using the App Store.

  6. We would like to emphasize that the services offered through the Application do not replace diagnosis or psychotherapeutic treatment. If you have suicidal thoughts or require medical assistance for other reasons, please contact your general practitioner, specialist, or, in urgent cases, emergency services. Crisis support is available from various service providers: https://peaasi.ee/suitsiid/

  7. The Application has been placed on the EU market as a class I risk software medical device under the Medical Device Regulation (MDR).

  8. These terms apply from the moment the healthcare service contract is concluded or the Application usage agreement is concluded. The healthcare service contract is considered concluded between the User and Migrevention from the moment the User expresses a desire to receive healthcare services (either by placing a web-based order for nurse counseling or booking an appointment with a neurologist through a nurse). 

  9. The Application usage agreement is considered concluded between the User and Migrevention from the moment the Application is downloaded from the App Store.

  10. Migrevention reserves the right to update the Application and healthcare service at any time, as well as modify these terms of use. The changes take effect upon publication in the Application, and the User will be notified of them when logging into the Application. If the User does not agree with the changes, they may terminate the agreement immediately.

  11. Migrevention reserves the right to terminate the provision of the Application and services through it, notifying Users in advance of at least 30 (thirty) calendar days. In the event of termination of the provision of the Application and the services offered through it or termination of the agreement by the User, the User has the option to receive the information entered into their headache diary as an electronic summary to their email address. Messages mediated by a counselor are not stored in their entirety, but Migrevention, as a healthcare service provider, is obligated to fulfill the requirements for healthcare service documentation and transmitting health information to the Patient Portal.

  12. These terms of use are governed by Estonian law. Disputes related to the terms of use shall be resolved by the parties by mutual agreement. In the event of failure to resolve a dispute, the dispute shall be settled in Harju County Court, Estonia.

  13. The following terms are used in these terms and have the following meanings:

  • User:
    An individual to whom the Counselor provides healthcare services through the Application or who uses the Application to store their health data, monitor their health condition, alleviate illness, and manage their health.

  • Counsellor:
    A healthcare service provider (nurse or neurologist) operating in Migrevention, registered in the Health Board's register of healthcare workers, and providing healthcare services.

  • Migrevention Application:
    A mobile application available for free or for a fee from Google Play or the Apple App Store, depending on the package chosen by the User. The application is placed on the market as a Class I medical device and has the following purpose: "Migrevention Headache App" is intended for use by patients diagnosed with primary headaches to keep a digital diary for self-monitoring headache episodes, including their frequency, intensity, possible triggers, and medications, with the aim of improving treatment adherence and alleviating the management of the disease through self-management based on device analytics and visualizations. The device allows remote access to the patient's headache diary data for the healthcare professional monitoring the patient and asynchronous communication with the monitoring healthcare professional through the chat function, using the Migrevention Patient Manager software.

  • Patient Portal:
    The national health information system, accessible at https://www.digilugu.ee/login. The responsible processor of the Patient Portal is the Ministry of Social Affairs, and the authorized processor is the Estonian e-Health Foundation. Through the Patient Portal, the User can view their health data, which are medical documents prepared by healthcare service providers and sent to the health information system, check the validity of their health certificate, appoint representatives to perform various actions (such as obtaining a prescription), submit declarations of will, and check who and when has accessed their health data by name. For more information about the Patient Portal, visit: https://www.tehik.ee/tervise-infosusteem. For questions related to the Patient Portal, please contact the User Support of the Estonian e-Health Foundation at +372 794 3943 (7:00-22:00) or email abi@tehik.ee.

  • Healthcare Service:
    Nurse consultations in the form of online chat or neurologist consultations in the form of online chat or video consultations in the field of outpatient neurology (headache counseling) through the Application. Special conditions regarding nurse counseling services and neurologist services are provided in section C1 of the general terms.

Service Provider Information:
Migrevention OÜ (reg no: 14936768)
Räägu 10b-1, Tallinn, Harju County, Estonia 10620
Info@migrevention.com
www.migrevention.com

B. Migrevention Application Terms of Use

  1. The Migrevention Application (hereinafter referred to as the "Application") is a mobile application available for free or for a fee from Google Play or the Apple App Store, depending on the package chosen by the User. The Application is a convenient tool for keeping a digital headache diary and tracking factors related to headaches (such as frequency, intensity, triggers, and medication consumption). The device analyzes and visualizes the entered data in tables and intuitive diagrams, allowing the User to discover trends in the entered data. The device's information is based on the data entered by the User.

  2. The Application allows the User to:

    1. Enter health data related to their headaches into the headache diary.

    2. Enter information about the medications they have taken into the headache diary. The medication entry function is connected to a medication database, and its algorithm allows the classification of the entered medication into the respective active substance group (ATC). By providing information about medication groups, the User can more accurately monitor their medication consumption. The algorithm responds to entered brand names and active substances and is regularly updated.

    3. Engage in self-monitoring based on the visualizations and analytics displayed by the Application using the entered data.

    4. Identify their headache type according to the International Headache Classification.

    5. Receive information related to themselves in the form of an electronic summary sent to their email address.

    6. Exchange messages with the Counselor (only available in the paid version).

  3. The User is obliged to follow the instructions provided in the Application.

  4. Upon first entry into the Application, the User creates a User account. The Application sends a verification confirmation to the User's email address, and upon acceptance of the confirmation, the User account is activated, and the User can start using the Application.

  5. The User can choose to join the free service (using the Application) or the paid service (using the Application and accessing healthcare services through it). Detailed information on service prices and content is published on the Migrevention website. Migrevention may periodically change the price list.

  6. When using online card payment (Visa, MasterCard), a secure environment provided by Stripe is used for making the payment. After entering the card number, the security code (a three-digit code on the back of the card), and the card's expiration date, Stripe authorizes the transaction with the User's bank. When collecting card information, SSL security protocol is used, along with MasterCard SecureCode and Verified by Visa security programs, ensuring that the exchanged information cannot be intercepted or altered by unauthorized individuals. At the time of payment, the cardholder's card data is entered by the cardholder into the database located on Stripe's server, and the data is also stored on Stripe's server within the European Union territory. Migrevention does not store customer credit card information nor have access to the User's credit card data.

  7. In addition to this, the terms and conditions of the respective payment service providers (such as Stripe) apply to the payment process.

  8. To integrate with the healthcare service provider, the User will receive an invitation to integrate with the healthcare service provider's software application to their email address after their identity has been verified and the User has made the payment. The personal invitation for integration remains active for 24 hours.

  9. The warnings provided within the application are indicative results. The application is aimed at monitoring and alleviating the User's health condition. Each person and their headaches are unique, and the results of warnings and tests may depend on more factors than the data entered into the application. Please note that the information provided by the application depends on the accuracy of the data entered by the User, which is not controlled by Migrevention. For assessing health conditions, receiving treatment recommendations, or obtaining information related to treatment, it is advisable to consult a healthcare service provider.

  10. The application and its content are provided to the User "as is." Migrevention is not liable for any costs, losses, or other possible damages (including lost profits) arising from the use of the application or the information provided therein unless otherwise stipulated by mandatory laws. The liability of the healthcare service provider is governed by the conditions specified in section C5.

  11. The intellectual property rights of the content of the application (embedded texts, videos, images, audio) and the technical solution belong to Migrevention. Migrevention grants the User a simple license to use the content of the application. The application may only be used for personal purposes. Distributing, modifying, transmitting, making copies, or using the content of the application or any part thereof for public or commercial purposes is not permitted.

  12. The application may not be available worldwide. The availability of the application may be limited in certain countries due to technical or legal requirements.

C. Terms related to the provision of healthcare services

C1. General terms of the healthcare service agreement

  1. The healthcare service agreement between the User and Migrevention is considered concluded from the moment the User expresses the desire to receive healthcare services (either by making an online appointment for a nurse consultation through web chat or by booking an appointment for a neurologist consultation through web chat or video consultation). By submitting an order or booking an appointment, the User gives consent to receive healthcare services. Healthcare services can only be ordered or booked for the User themselves.

  2. If Migrevention offers fixed-period healthcare services, the service provision begins on the day when the User is connected by Migrevention to the healthcare service provider's software application and ends on the last day of the period at 20:00. However, the User can continue using the Application if desired. The healthcare service is considered provided when the occurrence of the web chat or video consultation between the User and the Advisor is recorded in the Application.

  3. The provided healthcare services are subject to a fee. Detailed information about the available services, packages, and prices is available on the Migrevention website.

  4. User rights regarding healthcare services:

    1. To be actively involved in the process of treatment and health maintenance.

    2. To receive healthcare services in accordance with the general requirements of medical and nursing science. The healthcare service is based on the description of symptoms provided by the User during the web chat or video consultation, the data entered in the headache diary in the Application if the User has been keeping a headache diary and sharing that data with the Advisor, as well as the data available about the User from the Patient Portal.

    3. To receive healthcare services through remote services as described in sections C2 and C3.

  5. User obligations regarding healthcare services:

    1. To inform the Advisor to the best of their understanding about all relevant circumstances necessary for the provision of healthcare services. This includes fully disclosing information about their health status, the course of the disease, other illnesses, medications taken, and unhealthy habits.

    2. To pay for healthcare services according to the price list.

  6. Advisor obligations regarding healthcare service provision:

    1. To provide healthcare services to the User in accordance with the applicable laws and requirements that apply to the provided healthcare services, as well as the generally applicable requirements for the provided healthcare services.

    2. To document and properly store documents in accordance with legislation, including making entries in the Patient Portal regarding the provision of healthcare services, including data obtained during the web chat or video consultation, as well as decisions made or recommendations given by the Advisor.

    3. To keep the User's personal and health information confidential. Deviation from this obligation is only permitted in cases specified by law.

  7. The content of web chat conversations and video consultation recordings made in the Application will be stored for seven (7) days after the end of the service provision. If the User does not agree to the recording and storage of the web chat content or video consultations, Migrevention will not be able to provide healthcare services to them.

C2. Nurse remote consultation via web chat:

  1. Nurse remote consultations in an asynchronous web chat format are available in Estonian and English in the Application from Monday to Friday between 9:00 and 20:00. The nurse will respond to the message sent by the User no later than on the next working day. If the nurse proficient in another language that is understandable to the User (e.g., Russian), a conversation between the User and the Advisor can be conducted in that language by mutual agreement.

  2. The User has the right to receive necessary healthcare services, including during the nurse consultation:

- Gathering headache anamnesis.

- Explaining the nature of the disease to the User.

- Clarifying the characteristics of headache attacks.

- Explaining the general effects of the specific type of headache on overall health.

- Providing information on options for preventing and alleviating headache attacks.

- Providing instructions on medication administration and keeping a headache diary, as well as informing about medication side effects.

- Analyzing input data from the headache diary to identify factors triggering headache attacks and explaining their impact.

- Conducting patient education and, if necessary, counseling regarding emerging issues (nutrition, sleep patterns, physical activity).

- Providing support and motivation to the User in choosing and maintaining a healthy lifestyle.

3. Despite the nurse's efforts, it is not possible to completely eliminate the risk that the information provided about the User's health condition may not be entirely accurate due to the nature of asynchronous communication or other factors. It is also important to note that remote consultation format and service may not be adequate for certain health problems, and depending on the User's specific health issue, a visit to a general practitioner or specialist may be necessary as a first or follow-up intervention.

4. If the nurse determines that they do not have sufficient information about the User's health status to provide the nurse's consultation service, or if during the conversation it becomes apparent that the User requires examination by a healthcare professional or the provision of services beyond the scope of the nurse's consultation service, the nurse will immediately recommend seeking examination or additional services from another healthcare professional or provider. The nurse may also refuse further consultation.

C3. Remote consultation with a neurologist via web chat or video consultation

  1. If necessary, the User can book additional services through the nurse: a neurologist's consultation via web chat or a neurologist's video consultation. When booking a video consultation, the User will receive an email notification with the appointment details and a link to participate in the video consultation. To start the video consultation, open the link sent in the web browser.

  2. Neurologist services are provided in Estonian, Russian, and English. In the web chat format, the neurologist will respond to the message sent by the User no later than on the next working day. The video consultation will take place at the scheduled time.

  3. The User has the right to receive necessary healthcare services, including:

- Listening to the patient's complaints and gathering medical history, either through real-time contact or based on data collected by the nurse.

- Reviewing the patient's comorbidities and medications in use.

- Conducting necessary questionnaires and scales for assessing the medical condition.

- Recommending diagnostic tests for further clarification or referring to other specialists for consultation.

- Providing specialized neurological counseling.

- Prescribing necessary treatment for the patient, including determining the appropriate pharmaceutical treatment and dosages, issuing digital prescriptions, and setting the duration of the treatment regimen.

- Generating recommendations for follow-up appointments and, if necessary, providing instructions for the nurse's ongoing monitoring or support of the patient's treatment.

- Creating a summary of the medical case and transmitting information to the Patient Portal.

4. The User is obligated to inform Migrevention as soon as possible if they are unable to attend the scheduled neurologist's web chat or video consultation. If the User fails to notify Migrevention of their cancellation of the web chat or video consultation at least 72 hours before the scheduled start time or fails to notify at all, no refund of the service fee will be issued. In the event of timely cancellation, Migrevention will refund the prepaid amount for the healthcare service to the User.

C4. Termination of Healthcare Service Agreement

  1. The Advisor has the right to refuse the provision of healthcare services or terminate the provision of healthcare services urgently if:

- The asynchronous chat format or the Advisor's competence does not allow for the provision of the service requested by the User during the chat.

- The User requests the provision of healthcare services under conditions that contradict the current terms and conditions.

- There is no medical justification for providing the desired content of healthcare services.

- The User requests a service that would pose a greater risk to their health than not providing the service.

- The User fails to disclose necessary information for the provision of the service, and the Advisor warns that such behavior will lead to the termination of the service.

- The User submits an unreasonable number of inappropriate queries, requests, messages, or similar, which renders the provision of the service impossible, and the Advisor warns that such behavior will lead to the termination of the service.

- The Advisor is unable to communicate with the User in a language they understand, and the User is unable to express themselves sufficiently in languages accepted by the healthcare service provider, which may render the service unsuitable or hazardous to health.

- The User does not adhere to good communication practices, shows disrespect towards the Advisor, or any other conflict arises within the scope of the service that makes the provision of healthcare service impossible, and the Advisor warns that such behavior will lead to the termination of the service.

- The User's condition does not allow for the provision of healthcare services (the conversation indicates that the User is under the influence of alcohol or drugs).

2. Migrevention has the right to postpone the provision of the service, informing the User about the postponement period and the resumption of the service, in case of:

- Unforeseen organizational problems (staff illness, technical failure).
- Employee strikes.
- Force majeure events

C5. Liability

  1. Migrevention and the directly providing healthcare Advisor are only liable for their own culpable breaches of obligations. The User must prove the underlying fact of Migrevention's and the directly providing healthcare Advisor's liability unless the provision of healthcare services to the User has been duly documented.

  2. The statute of limitations for claims for compensation for damage caused by a breach of the healthcare service agreement by the User is five years from the time when the User became aware of the breach of obligation and the occurrence of the damage by Migrevention or the Advisor.