HappiApp Foundation's Terms of Use
Last updated: 27-08-2021
1. Scope of these Terms of Use
1.1 The application Happi App(the “App”) is made available to you and managed by the foundation Stichting HappiApp, Deken Roesstraat 9, Utrecht, the Netherlands (“HappiApp”) and subject to these Terms of Use (“Termsof Use” or “ToU”). You can contact the foundation via info@happiapp.nl.
1.2 You will be asked to expressly accept these ToU when you are accessing the App for the first time.
1.3 In addition to theseTerms of Use, Apple's Appstore and Google's Playstore may impose separate terms and conditions on obtaining the App, using it, and any related matters. For this purpose, the user should refer to the terms of use and the privacy statement of Apple's Appstore, Google's Playstore and any applicable terms and conditions on the respective provider's website. For the purpose of clarity, Apple and Google are not a party to these ToU.
1.4 These Terms of Use maybe changed from time to time. If these Terms of Use are changed, we will communicate this in the App (under TERMS OF USE) when you update the App via the app store. You will be required to accept the updated Terms of Use if you want to continue to use the App.
1.5 Separate from these Terms of Use, the terms and conditions of the hospital or practitioner that is treating you for your medical condition (“Your Healthcare Provider”) will apply in connection with your medical treatment. The contract between you and Your HealthcareProvider for your treatment is separate and distinct from these ToU. HappiApp does not participate in the provision of that treatment and is not a party to such contract.
2. Scope of services by HappiApp
2.1 With the App, you can input, view and organise certain information about your medical condition, such as your health goals, medication, your hospital appointments, your blood values, other measurements (such as your weight), and such other information as may be added to the functionality of the App from time to time. The exact scope of the information will depend on the version of the App you use (such as Happi HIV, Happi Skin, etc.). You can either input this information yourself into the App or opt to import certain measurements directly from your medical file. For example, Happi HIV provides you with the option to import information about your blood values and weight measurements directly from YourHealthcare Provider. When setting up your Happi App account, you can select YourHealthcare Provider for this purpose. Please note that this feature is not yet enabled for all healthcare providers. Please refer to the Happi App Privacy Policy for more information.
2.2 The service provided by HappiApp is limited to providing you the App’s functionalities as further described above. HappiApp does not participate in, or assume any responsibility for, your medical treatment; this is the sole responsibility of Your HealthcareProvider. If you have any questions in connection with the medical information displayed in the App, conclusions to be drawn from them, or decisions to be based thereon, you must reach out to Your Healthcare Provider. The App is not designed to provide you with warning notices in relation to your health and risks for your health may exist without this being visible from the App. The information displayed in the App is no substitute for advice to be given by a doctor or a pharmacist.
2.3To the extent the App permits to store and access information entered into by you or uploaded by Your Healthcare Provider, HappiApp is not in a position to verify the completeness, accuracy or actuality of such information (e.g., your blood values and weight measurements). It is your own responsibility to verify the completeness, accuracy and actuality of such information with Your Healthcare Provider. HappiApp is not liable for damages caused by such information not being complete, accurate or current.
3. License to Use the App
3.1 Subject to your compliance with these ToU, HappiApp grants you a non-exclusive, non-transferable, non-sublicenseable right to use the App for the duration of the term (as set forth in section 10) for your personal, non-commercial purposes of use in accordance with these ToU. This means that you are not allowed to make the App available to third parties (including free of charge) or sell or rent out the App. Subject to section 3.2 below, you are not allowed to decompile, reverse engineer or modify the App without the prior permission of HappiApp.You are not allowed either to remove or bypass, or have others remove or bypass, any technical features intended to protect the App.
3.2. These ToU shall not restrict your right to modify, adapt, translate, reverse engineer or decompile the App if and to the extent you are authorised by applicable mandatory law to perform any such activity as necessary to (i) ensure the use of the App in accordance with the agreed purpose, including correction of defects, or (ii)achieve its interoperability with other software, provided that HappiApp has not delivered to you the support necessary to achieve these objectives within a reasonable time period upon your written request (email suffices).
4. Personal information of users
The details of the processing and security of your personal information in connection with your use of the App is described in the HappiApp Privacy Policy. Given that the processing involves your health information, you will only be able to use the App to the extent you have provided us with the required consents.
5. Use of the App
5.1 Your use of the App is at your own risk and expense.
5.2 To download and use the App, you must provide, at your own expense, for any appropriate equipment, any required internet and/or telecommunications connection and any necessary software yourself.
5.3 You warrant that all information you submit to us, whether via the App or otherwise, is accurate, current, complete and is not misleading by omission or otherwise. In the event of any change to the information provided, you should inform us immediately of this.
5.4 You are responsible for the use of the App yourself. HappiApp does not provide support on this, except when it is required to correct errors reported by the user. You are, however, always free to contact us with questions as stipulated under section 14 of these ToU.
5.5 The App may only be used on the device on which it was downloaded and installed.
5.6 You are responsible for preventing unauthorised access to the App on your device, e.g., through keeping your user credentials confidential. You, and not HappiApp, are responsible for any use or misuse of the App on your device.
5.7 The App is not a data repository. You are required to retain suitable backup copies of the information that you and/or the Healthcare Provider are uploading to the App.
6. Updates, Changes and Discontinuation of the App
6.1 HappiApp may, from time to time, issue updates to fix any errors, improve the performance of theApp or add new functionalities.
6.2 Available updates to the App will be notified through Apple's Appstore and Google's Playstore, and it is the user's responsibility to keep track of such notifications.
6.3 HappiApp reserves the right, at any time upon six (6) weeks’ prior notice, to discontinue the App in whole or in part.
7. Limitation of liability
7.1 HappiApp makes reasonable efforts to ensure that the information in the App is accurate, but does not guarantee that the App and/or the information in the App is free of errors, defects, malware and viruses or that the App and/or the information is correct, up-to-date and accurate. HappiApp shall not be liable for any damages resulting from the use of (or inability to use) the App, including damages caused by malware, viruses or any incorrectness or incompleteness of the information, unless such damage is the result of any wilful misconduct or from gross negligence on the part of HappiApp.
7.2 If you habitually reside in Germany, the liability of HappiApp for damages and futile expenses (together “Damages”),irrespective of the legal nature of the claim (i.e., whether under contract, tort, or otherwise), caused by a breach of material contractual obligations of HappiApp with ordinary negligence shall be limited to those Damages that typically arise in transactions of this kind and were foreseeable at the time of the conclusion of the agreement between the parties. HappiApp’s liability for Damages caused by a breach of non-material obligations with ordinary negligence shall be excluded. HappiApp’s liability for Damages caused by a defect of services provided by HappiApp under these ToU without negligence or wilful behaviour shall be excluded. A material contractual obligation is an obligation of one party, the fulfilment of which is a prerequisite for enabling the proper fulfilment of the agreement between the parties and on the fulfilment of which the other party regularly relies and may rely.7.3 The above limitations of liability apply accordingly to the liability of HappiApp’s vicarious agents, owners, shareholders, general and limited partners, directors, officers and employees.
8. Fees
8.1 HappiApp does not levy any fees for your use of the App.
8.2 Happi opts for the payment method “payafterwards with Billink” and for this it applies that you must pay the amount to Billink B.V. within the set payment term. (hereinafter: “Billink”). All rights under the claim are transferred by us at the time of order to Billink, who will take care of the collection of the invoice. Your data will be checked and registered in its system by or on behalf of Billink. This data can be used, among other things, for the collection of outstanding claims, legitimate marketing purposes within the meaning of the General Data Protection Regulation, data verification and the assessment of orders in the implementation of the acceptance policy of other organisations and/or web shops affiliated with Billink.
8.3 Billink reserves the right to refuse your request to use postpay, possibly stating reasons. The payment term used is astrict deadline. In the event of late payment, the customer is in default without notice of default and Billink is entitled to charge statutory(commercial) interest monthly from the due date of the invoice (whereby part o fa month is regarded as a whole month). Billink is also entitled to charge extrajudicial collection costs to the customer on the basis of the Decree onReimbursement for Extrajudicial Collection Costs (BIK). In the case of business customers, Billink is also entitled to charge reminder and reminder costs to the customer, without prejudice to Billink's right to charge the customer for the costs actually incurred if they exceed the amount calculated in this way.These costs amount to a minimum of 15% of the principal with a minimum of 40euros for consumers and 75 euros for businesses. Billink is also entitled to transfer the claim to a third party. What has been determined in the foregoing with regard to Billink will in that case also be transferred to the third party to whom the claim has been transferred.
9. Term and termination
9.1 The agreement between you and HappiApp based on these ToU is entered into for an unlimited period of time. It may be terminated by you at any time by removing the App. It may be terminated by HappiApp at any time with six (6) weeks’ notice to the end of a calendar month in writing or text form.
9.2 The agreement automatically ends when a discontinuation of the App (see section 7.3) becomes effective.
9.3 The parties’ right to terminate for cause shall be unaffected.
9.4 When the term ends, you will immediately (a) cease using the App; and (b) remove the App from your device if not already done so.
10. Other provisions
10.1 These Terms of Use are governed by the laws of the Netherlands. This choice of law shall not have the result of depriving you of the protection afforded to you in your capacity as a consumer within the scope of Regulation (EC) No. 593/2008 by provisions that cannot be derogated from by agreement by virtue of the laws applicable where you habitually reside.
10.2 At your option, disputes arising in connection with these Terms of Use including disputes concerning the existence and validity thereof, shall be resolved by (i) the competent courts of Amsterdam or (ii) the court of competent jurisdiction at the place where you are domiciled. HappiApp may sue you only in the court of competent jurisdiction in the country in which you are domiciled.
10.3 If any provision of these Terms of Use is void or voidable, the remaining provisions of the Terms of Use shall continue in force and effect. HappiApp and the user shall consult on the content of any new provision(s) to replace the void or voidable provision(s). With that, the starting point shall be that the new content is to correspond as much as possible to the purport and purpose of the original provision(s).
10.4 The App may provide links to external systems or sites. HappiApp shall not be liable for the use or the content of systems or sites that link to this App or which are linked from it. The HappiApp Privacy Policy [insert link] does not apply to any collection and processing of your personal data on or through such external systems.
11. Apple-Specific Terms
In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the Application compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to these ToU and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to HappiApp in accordance with these ToU. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service, except that the App may also be accessed and used by other accounts associated with you via Apple’s Family Sharing or volume purchasing programs. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of these ToU and, upon your acceptance of the terms and conditions of these ToU, will have the right (and will be deemed to have accepted the right) to enforce these ToU against you as a third-party beneficiary thereof; notwithstanding the foregoing, HappiApp’s right to enter into, rescind or terminate any variation, waiver or settlement under these ToU is not subject to the consent of any third party.
12. ODR Platform
The European Commission offers a platform for online dispute resolution (ODR) at http://ec.europa.eu/consumers/odr/. Note that HappiApp is not obligated to participate in ODR proceedings.
13. Questions
You can address your questions to HappiApp by sending an email to info@happiapp.nl.
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Happi App Foundation