GENERAL TERMS AND CONDITIONS OF USE OF 4ID
Last updated [29-06-2021]
Disclaimer: Not all functions may be available in the early versions of the application.
1. INTRODUCTION AND SCOPE
1.1 These General Terms and Conditions of Use (hereinafter “T&C”) govern the use of the PID Genius App (the “App”). The T&C are concluded between IPOPI, located at Avenue Louise/Louizalaan 367
BE-1050 Brussels, Belgium, BE 0761.784.055 (hereinafter “IPOPI”, “we”), the owner of the App, and you, as a user of the App (“you”, “user”).
1.2 Prior to using the App, you must carefully read and accept these T&C, including the Privacy Policy, which forms an integral part of the T&C. By using the App, you declare to have read and accepted these T&C.
1.3 From time to time, we will update these T&C and the Privacy Policy to reflect changes in applicable laws or developments in technological progress. We, therefore, advise you to regularly check these T&C and the Privacy Policy for any updates. If we make any material changes to the T&C or the Privacy Policy, we will try to inform you of this. If you do not agree to the T&C or any changes thereof, please refrain from further using the App.
2. PURPOSE OF THE APP
2.1 We have created this App to help you manage and monitor your general health status, your treatment and appointments.
2.2 Through the mobile application, you have access to a set of cloud services which you can use to:
(a) Create your personal profile which holds certain personal information about you;
(b) Follow up on your daily health status, treatment, appointments and hospitalization, including by making use of the notification system;
(c) Consult a range of summaries generated automatically by the App based on the data that you have submitted and customizable to your own needs;
(d) Have access to your emergency card, which can help the medical emergency team in the event of an intervention;
(e) Connect with other mobile applications on your device, should you wish to do so.
2.3 You warrant that you will use the App and the functions as described above in accordance with these T&C and more in particular in compliance with Section 7 (“Code of Conduct”).
3. GENERAL RULES
3.1 You may only download and use the App and all connected services and content for your own personal, non-commercial use.
3.2 You may only access and use the App, its contents and the information contained therein in accordance with these T&C and any applicable laws. IPOPI shall not be held liable in any way for any use other than in compliance with applicable laws and these T&C.
3.3 You acknowledge that the functionality of the App depends on a number of external factors (such as but not limited to availability of a network connection) which are outside IPOPI’s control. In addition, while we do our best to provide the App without errors or inaccuracies and to ensure access to the App at all times, we do not make any warranties regarding the content or the availability of the App. Furthermore, the information that you submit to the App shall periodically be synchronized with the App’s cloud services. Should you lose access to your device or the App, you may experience a loss of recently submitted data. IPOPI shall not be held liable for any inaccuracies, malfunctioning or lack of availability of the App or for any loss of data.
3.4 IPOPI reserves the right to interrupt the service of the App to carry out technical interventions aimed at improving its operation, without any notice to you.
3.5 This App is intended to be used by users who have reached the age of majority under applicable law (i.e. at least 18 years old). If you are younger than the age of majority, you should review these T&C and the Privacy Policy with your legal guardian and only consent to the processing of your personal data together with your legal guardian.
4. PRIVACY AND DATA PROTECTION
4.1 We will process your personal data at all times with our Privacy Policy and applicable data protection laws.
4.2 As further set out in the Privacy Policy, if the processing of your personal data is based on your consent, you can withdraw it any time. You acknowledge that, if you withdraw your consent, your data may still be processed anonymously, i. e. in such a way that the data does not refer to an identified or identifiable person.
5. ACCESS TO AND USE OF THE APP
5.1 You can access the App by downloading it from the IPOPI website or from any of IPOPI’s other materials and by registering or logging in.
5.2 If you access the App for the first time, you will be asked to register by choosing an email address and password and by providing certain personal information about you (e.g. name, surname, gender, date of birth, country, PID diagnosis…). At the end of the registration process, an automatic email will be sent to your email address and an account will be created.
5.3 If you open the App after completing the first registration, access to the App is subject to user authentication, so you can access your personalized account. You can log in by submitting the combination of the email address and password provided during registration.
5.4 By registering and creating an account, you undertake to:
(a) Keep your access credentials, consisting of your password and email, confidential. You acknowledge that your access credentials are strictly personal and you assume the commitment to keep them secure and to prevent unauthorized third parties from using them. In the event that you discover unauthorized access by third parties, you must promptly notify IPOPI; and
(b) Not market, sell, or transfer the App to third parties.
5.5 You are responsible for making sure that the data that you provide in the App is correct and complete. IPOPI cannot be held liable for any damage that is the result of reliance on incorrect or incomplete information in the App.
5.6 You agree to communicate to IPOPI any problems you experience when using your account and/or the App, by sending an email to 4ID@ipopi.org.
5.7 The email address that you provide to log in, will be used to send any service announcements.
5.8 You can freely and autonomously choose which health information you store on the App. The App contains the following sections which you may complete:
(a) General condition; General, Symptoms, Absences
(b) Treatment; Prescription, Treatment, Vaccines
(c) Appointments
(d) Notes
(e) Summary
(f) Emergency card
(g) Overviews
(h) Profile
(i) Gallery
(j) Notification center
(k) App settings
(l) Privacy Policy, T&C
5.9 You can use the App to enter a wide variety of clinical information and view, add, edit and/or delete such information at your sole discretion.
6. DEVICE REQUIREMENTS
6.1 In order to use the App, you must have at least one mobile device with a performance compatible with the software of the App and a working data connection.
6.2 The App is made available to you free of charge. Additional costs will depend on the telecommunications operator chosen by the user for connection to the internet and/or mobile service.
6.3 You acknowledge that the use of the App on your device is at your sole risk.
7. CODE OF CONDUCT
When making use of the App, you, and any person who you have permitted to use your device or user account, agree to adhere to the following rules of conduct (“Code of Conduct”):
(a) You do not violate any applicable laws of regulations, including with the content you upload on your account, and you use the App in good faith and as a diligent user would;
(b) You cannot reproduce, duplicate, copy, sell, resell or exploit the App or the content of the App;
(c) You do not tamper with the organizational and technical measures installed by IPOPI to guarantee a secure and safe environment for its users or use a device or software that could interfere with these measures;
(d) You do not upload or distribute content on your account that is inappropriate, harmful or that violates the (intellectual property) rights of a third party;
(e) You do not (attempt to) interfere with the software used by IPOPI or engage in hacking, spamming, installing malware or other viruses;
(f) You cannot modify or make any derivative works of the (content on the) App, in whole or in part, or remove any proprietary notices or labels;
(g) You cannot impersonate another user or attempt to obtain, the password, account information, or other private information from other users;
(h) You agree to alert IPOPI as soon as possible in any case that you become aware of a person violating the T&C or abusing the (content of the) App.
THIRD PARTY LINKS OR CONENT
The App and IPOPI’s website may refer to websites of third parties. IPOPI has no control over the content that is produced on such websites and cannot be held responsible for any activity on these websites. A referral by IPOPI to websites or products of third parties does not mean that IPOPI has reviewed and/or approves or recommends such websites or products. Likewise, if websites of third parties refer to IPOPI or the App, this does not mean that IPOPI is in any way affiliated with such website or has approved the content of such external website. We advise you to consult the terms and conditions, including the privacy policy, of such websites of third parties for more information.
8. NO MEDICAL INFORMATION
8.1 You may use the App at your own risk. The content on the App is provided for general information only and does not constitute any medical advice or diagnosis on which you should rely. The information on the App cannot not be construed as counselling or a recommendation, and cannot serve as the basis for any decision or action. Any medical information on the App or on IPOPI’s website or other materials cannot replace the detailed medical advice tailored to your needs. Nothing on the App can be construed as intending to replace the advice or diagnosis of a healthcare professional. You are advised to seek help from a competent healthcare professional for any questions regarding your medical condition.
8.2 This App is intended to help you organize and manage any information regarding your health. It is not intended for any specific medical purposes such as the diagnosis, prevention, monitoring, prediction, prognosis, treatment or alleviation of any disease and can thus not be regarded as a medical device. The App is not designed, nor can it be construed and/or interpreted in any way as a tool to solve medical problems and/or health-related emergencies. Therefore, you have to manage your health and/or any emergencies by referring exclusively to suitable healthcare professionals.
8.3 This App is an auxiliary tool designed to improve the management of medical treatments, but should not be conceived as a primary use tool. Therefore, IPOPI invites you to resort to other traditional devices and measures to manage and monitor medicine intake. The normal functionality of the App depends on many factors, including the proper functioning of the device (e.g. smartphones, tablets) on which you install the App, the operating system of the same device, the simultaneous presence of any other software existing and installed on the device, the internet connection as well as other pre-requisites outside the control of IPOPI. You should therefore make sure that you do not depend solely on this App for the management of your health.
8.4 All information about you or your health status as well as the use of medicinal products (such as, but not limited to, type, posology, time of taking of the medicinal product), are entered into the App directly and exclusively by the user. You acknowledge that the correct functioning and use of the App, including the notification service for drug management and the generation of information reports, is indispensably dependent on the accuracy, precision and correctness of the information inserted by you.
9. LIABILITY AND INDEMNIFICATION
9.1 TO THE FULLEST EXTENT PERMITTED BY LAW, THE APP IS PROVIDED “AS IS” AND YOUR USE OF THE APP IS AT YOUR OWN RISK. IPOPI EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT. This includes, without limitation, that we do not warrant (express or implied) that the App is free from errors, defects, viruses, or harmful components.
9.2 TO THE FULLEST EXTENT PERMITTED BY LAW, IPOPI, ITS EMPLOYEES, OFFICERS, AGENTS AND REPRESENTATIVES WILL NOT BE LIABLE TO YOU FOR (i) ANY LOSSES OR DAMAGES ARISING FROM YOUR ACTIONS OR OMISSIONS OR BREACH OF THESE TERMS OF USE; (ii) WHICH ARISE AS A RESULT OF A THIRD PARTY’S ACTS OR OMISSIONS OR ANY OTHER ACTS OR OMISSIONS BEYOND OUR CONTROL; OR (iii) FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO FINANCIAL LOSS, LOST PROFITS, LOSS OF OPPORTUNITY OR DAMAGE TO REPUTATION. Nothing in these T&C shall limit either IPOPI’s or the user’s liability for death, personal injury, fraud or fraudulent misrepresentation or any category of liability that cannot be limited by law.
9.3 You agree to indemnify, defend and hold IPOPI, its respective officers, directors, employees and agents harmless from and against any and all third-party claims, liabilities, lawsuits, governmental action, or losses suffered or incurred (including reasonable attorney’s fees) arising out of or as a result of your use of the App including without limitation your violation of these T&C or any applicable law or regulation.
9.4 IPOPI, through the App, provides you with a tool which allows you to access various functionalities including but not limited to, messages, text, graphics, software, photos, videos, data and other material, but the App and its content are in no way qualified and/or to be interpreted as an official certification on the use and requirements of medicinal products or medical devices that can replace any medical advice. You should always contact a healthcare professional, the pharmaceutical industry and/or other suitable professionals if you need medical advice. IPOPI does not prescribe nor dispense treatment or therapies. Information about a medicinal product or medical device or reminder notices of a medicinal product cannot be qualified and/or interpreted as a recommendation and/or approval by IPOPI of this medicinal product or medical device and/or on the timing and method of taking it, which are independently set you. All content posted by IPOPI and made available is intended for general information purposes only. You should always seek advice from your treating physician for any personal health and/or medical claim, and in any case before commencing or interrupting any treatment. You should never overlook or delay a visit to or seeking advice from a healthcare professional because of information received or obtained through the use of the App. In the event of a medical emergency, you should immediately call the emergency number. In the event of adverse incidents and/or the onset of any side effect, you must contact your treating healthcare professional and it is your exclusive responsibility to report such (suspected) adverse events to any other interested parties (e.g. the pharmaceutical company or any regulatory authority in accordance with applicable pharmacovigilance laws and requirements).
9.5 IPOPI has no obligation to provide technical support for the installation and/or maintenance of the App. At any time and for any reason, without prior notice or liability, IPOPI may modify or terminate the service or any part of it or impose any restrictions on the use or access to the App.
10. TERM AND TERMINATION
10.1 These T&C will be effective as of the moment that you download the App or access the App in any other way for the first time.
10.2 Without prejudice to any other remedies IPOPI may have under these T&C or under applicable laws or regulations, we can terminate these T&C (in whole or in part) with immediate effect if we believe you have violated these T&C or if we no longer offer the App or the relevant services. We can also terminate these T&C by giving you reasonable notice. You may terminate these T&C at any time. If these T&C are terminated or expire, you will no longer be able to make use of the App and your license under these T&C shall be revoked with immediate effect. Any provisions of the T&C that are by their nature intended to survive termination or expiration of the T&C, shall survive termination or expiration.
11. INTELLECTUAL PROPERTY RIGHTS
11.1 We grant you a personal, limited, non-transferable, non-assignable, revocable and non-exclusive license to use App for your non-commercial use, provided that you use this license in conformity with these T&C. The content and materials on the App are protected by trademarks, copyright, design rights, trade secrets and other proprietary and intellectual property rights and nothing in these T&C or on the App can be seen as a transfer or assignment of such rights. You cannot, either in part or in full, copy, distribute, sell, reverse engineer, modify the content or materials on the App, including (without limitation) its software, written materials, images, audio and video materials, or use such content for public or commercial purposes without our prior written consent. You may not use the App for anything other than its intended purposes.
11.2 All title, ownership, and intellectual property rights in and to the App are owned by IPOPI and IPOPI’s licensors. The App including its content is licensed, not sold, for your use. This license does not confer any title of ownership.
11.3 You grant IPOPI a transferable and assignable right to use the information submitted by you in the App solely for providing the services in the App and for any further processing as set forth in the Privacy Policy or for any anonymous use.
12. CONTACT DETAILS
12.1 If you have any question or query regarding these T&C and/or the App and/or the services provided by IPOPI, you can contact IPOPI at 4ID@ipopi.org
12.2 If you need any information about IPOPI and the services that we provide, you can find such information on https://ipopi.org or by contacting info@ipopi.org. In the event you need any legal information, you can find such information in the settings available in the App.
13. MISCELLANEOUS
13.1 These T&C constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior negotiations, representations or agreements, written or oral.
13.2 The invalidity, even if partial, of one or more clauses of these T&C shall not entail the invalidity of the whole T&C, nor that of the remaining clause being partially invalid.
13.3 IPOPI can assign its obligations under these T&C, in whole or in part, at any time without notice to you. You may not assign or transfer any rights or obligations under these T&C to a third party.
13.4 Neither party shall be held liable or responsible to the other party nor be deemed to have defaulted under or breached these T&C for failure or delay in fulfilling or performing any obligations under these T&C to the extent, and for so long as, such failure or delay is caused by or results from causes beyond the reasonable control of the affected party (including but not limited to fire, floods, embargoes, war, acts of war, terrorism, riots, civil commotions, strikes, lockouts, acts of God or acts, omissions or delays in acting by any governmental authority or the other party).
13.5 No delay or omission by any party to exercise any right occurring upon any non-compliance or default by the other party with respect to any provision of these T&C will be construed to be a waiver of such right. A waiver by one party of any of the obligations to be performed by the other party will not be construed to be a waiver of any succeeding breach of these T&C or of any other obligation contained in these T&C.
13.6 These T&C shall be governed by, and constructed and enforced in accordance with the laws of Belgium. Any conflict or dispute arising out of or in connection to these T&C or the App shall be submitted to the exclusive jurisdiction of the competent courts of Brussels (Belgium). If you are a consumer, nothing in this Section 6 or the remainder of these T&C shall affect your rights to rely on mandatory provisions of local law to protect consumers.
