Please note: If you believe that a medical emergency exists, you should immediately call your doctor or go to the emergency department of the nearest hospital. Regardless of the outcome of our Services, you are free to consult your doctor or go to the hospital at any time. Our Services focus on supporting doctors. Our Services are not a substitute for a physician or health care provider. Our Services are not suitable for use by children without supervision. Therefore you are not allowed to use the App and create an account if you are under 18 years old.
1. ABOUT US
1.1 Quin B.V. ("Quin", "we", "our" or "us") provides information services through digital health care tools, including the App. The services we provide through the App include information services as further described in Article 2 (collectively, our "Services").
1.3 We are located at Stadshouderkade 55, in (1072 AB) Amsterdam, the Netherlands.
1.4 In case of any questions, comments or complaints regarding the App or our Services, you can also reach us by calling us on +31 (0)88 255 444 or sending an e-mail to email@example.com.Wij. For privacy-related questions, please contact our Data Protection Officer at firstname.lastname@example.org.
2. DESCRIPTION OF OUR SERVICES
2.1 Our Services include:
(a) Symptom Checker: the ability to enter questions, symptoms and other information into our artificial intelligence symptom checker, which calls up information on medical conditions based on the data you enter. Based on the data you provide on symptoms and complaints, combined with statistical medical information on medical conditions and risks, you will receive advice on your need for (immediate) medical treatment without human intervention. In addition, a list of possible medical conditions corresponding to your symptoms can be shared with you and your doctor via My Health. The advice is indicative and is expressly not intended to replace your doctor or health care provider. Always consult your doctor or health care professional if you would do so without using the Symptom Checker;
(b) My Health: a section of the App consisting of your medical profile, complaint reports and a contact module that allows you to contact your general practitioner (if your general practitioner is affiliated with our Services);
(c) A searchable collection of articles on medical conditions, providing information on symptoms, complaints and risks, and offering suggestions and advice on possible next steps.
2.2 The use of the App and our Services is currently free of charge. This may change in the future. If our Services incur any charges, we will clearly inform you in advance. We will then ask you to link a valid payment method to your Account in order to make in-app purchases.
2.3 Our use of your personal data in the context of our Services is described in our Privacy Statement, which can be found here.
3. YOUR RESPONSIBILITIES IN RELATION TO OUR SERVICES
3.1 The output of our Services is based on the data you provide, combined with general statistical information about medical conditions, general health and lifestyle information, and general information about risk factors. Our Services respond to the data you provide, for example through our questionnaires. If you provide incorrect, outdated or incomplete data, this may have a negative impact on the output made available to you and may even result in incorrect or incomplete advice. Therefore, we make no guarantees regarding the output of our Services.
3.2 The output of our Services does not constitute medical advice, diagnosis or treatment. You should therefore always speak to a qualified medical professional about any questions you may have about a medical condition, about concerns you may have about the information provided by our Services, or before making any decisions that may affect your health. You should not stop taking medications or undergoing certain treatments based on the output of our Services.
3.3 Your primary responsibilities in relation to the use of our Services are as follows:
(a) the information you provide in the context of our Services must be accurate, complete and legally valid and must not infringe the rights of others. The information must be provided by you in understandable English;
(b) you must check from time to time that your information is still correct, up to date and complete and, where necessary, amend your information;
(c) you are responsible for following the health and lifestyle outputs of our Services, to seek advice from your doctor if indicated or if you otherwise have reason to do so, and to follow the advice of your doctor in relation to your use of our Services.
3.4 We provide our Services remotely, and only in Dutch. If you have difficulty understanding this language, our Services are not for you. In that case, do not use our Services.
3.5 Our Services are only designed to comply with Dutch laws and regulations. We take no responsibility for foreign laws and regulations governing access to and use of our Services. If you wish to use our Services while you are abroad, you should verify that your country or region permits the use of our App and Services.
3.6 Input from your doctor is required to provide you with our Services in full. For this reason:
(a) we ask you to fill in the details of your doctor;
(b) we ask for your consent to share the information you have provided us, and the information generated by your use of our Services, with your doctor. We will only share information with your doctor if you consent. If you give your consent, you can withdraw it at any time. We will then no longer share your information with your doctor. However, withdrawal of consent will not affect the information we have already provided to your doctor prior to such withdrawal;
(c) we ask for your consent to use data recorded by your physician for the provision of our Services. If you give your consent, you may withdraw it at any time.
If we do not cooperate with your doctor in the context of the Services, or if you do not or no longer consent to the sharing of your data with your doctor, you will still be able to use some of our Services, but we will not be able to provide our Services to you in full. Without your prior consent, we will not share your information, including personal information, with your doctor in the context of his/her services. We cannot guarantee your doctor's availability and are not responsible for your doctor's advice.
3.7 In using the App, you may not do any of the following:
(a) commercially exploit the App, such as selling access to the App or selling information provided to you as part of our Services;
(b) use the App for any unlawful purpose or to promote illegal activities or to create competing products
(c) probe, scan or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures, including those which prevent or restrict the use or copying of the App, or of the content accessible through the App;
(d) decompile, decode, de-assemble, modify, copy, reformat, create derivative works, or reverse engineer the App, except as expressly permitted in these Terms;
(e) use the App to store or transmit malicious code or viruses.
4. YOUR ACCOUNT
4.1 As a first step, please create an account using your name and e-mail address. This will enable us to record your use of our Services. It is not possible to create more than one account. If you experience any problems with your account, please contact us at: email@example.com.
4.2 Your account is for your personal use only. For this reason, we ask that you:
(a) not disclose your Account login details to any third party, or allow anyone else to use your Account;
(b) keep your account and log-in details confidential, and restrict access to your account. You are responsible for all activities that occur under your account; and
(c) immediately notify us of any breach of security or unauthorised use of your credentials that you become aware of.
4.3 You can terminate your account at any time and stop using the App and our Services. After termination of your account, we will retain your data as described in our Privacy Statement.
4.4 We may close your Account, or suspend or limit your use of the App and our Services, at our sole discretion (e.g., in the case of suspected fraud, infringement of the rights of others, breach of these Terms, changes to applicable laws or regulations, or if we believe that the provision of our Services is no longer commercially viable), without any obligation to pay you compensation or damages.
4.5 Our Services are not intended for use by minors. Therefore, you are not permitted to use the App and create an account if you are under 18 years of age, except in consultation with us.
5. TECHNICAL REQUIREMENTS FOR USING THE APP
5.1 The use of the App requires a (mobile) device with internet access.
5.2 From time to time, we may change, update and improve the App and our Services in the form of new or modified functionality, including new components, features and bug fixes. We may charge (extra) fees for the use of some changes or enhancements to our App, such as new functionalities. We recommend that you always use the latest version of the App. Sometimes installation of the latest version is required to continue using the App.
5.3 We are under no obligation to provide any form of maintenance, technical or other support for the App or in relation to our Services. However, please contact us if you have any questions, comments or complaints regarding the use of the App or our Services.
5.4 We provide the App and our Services to you using a reasonable level of skill and care. However, we do not guarantee any particular quality or availability of the App and our Services (instead, the App and our Services are provided on an "as is" and "as available" basis). In addition, we cannot guarantee that the App and our Services will be suitable for the purposes for which you intend to use them. The medical information contained in the App is provided by third parties. We make no warranty, express or implied, as to the content, completeness or accuracy of such medical information.
6. YOUR INFORMATION AND PRIVACY
6.1 We will comply with our obligations under applicable data protection laws when processing your personal data in the context of your use of our Services. Please see our Privacy Statement for further information on the processing of your personal data.
7. INTELLECTUAL PROPERTY
7.1 Our licensors and we are the sole owners of all intellectual property rights in the App, the App content and the output generated by the App.
7.2 Upon registration, we grant you a personal, non-transferable, and at any time revocable right to use our Services and any other content made available through the App for your personal use of our Services, including for seeking follow-up advice from your doctor or other professional healthcare provider. We may revoke this permission or licence with immediate effect if you breach this licence or any other provision of these Terms.
7.3 You are not permitted to remove or change any logos, brand names, disclaimers, warnings, copyrights or other proprietary notices made available in the output provided to you.
7.4 You grant us a worldwide, non-exclusive, royalty-free licence to use the data you provide to the extent required to provide our Services to you, or otherwise to comply with any obligations under these Terms. In addition, if you send us any comments or suggestions in connection with your use of our Services, you consent to us using such comments and suggestions.
8. OUR LIABILITY TO YOU
8.1 If and to the extent that the output of our App is defective and causes damage to a device or digital content belonging to you, and we have not used our reasonable skill and care, we will, at our discretion, compensate you or repair the device or output.
8.2 We, together with our affiliated companies, directors, employees, suppliers and agents, shall only be liable for damages arising from or in any way related to these Terms, including those related to (the content of) the App and our Services, up to the amount paid by our insurance company in connection with the damaging event.
8.3 In no event shall we, or our affiliated companies, directors, employees, suppliers and agents, be liable for any indirect or consequential loss or damage, loss of business, loss due to Internet failure, loss of or damage to data, or any loss or damage resulting from your failure to comply with these Terms and Conditions, our advice or our instructions.
8.4 The above limitations and exclusions of liability shall not apply to loss or damage resulting from intent or wilful recklessness on the part of our company's management, or in the event of damage due to personal injury, death or damage to property caused by defective products, for the supply of which we are legally responsible.
9. COMPLAINTS AND DISPUTES
9.1 Please feel free to contact us with any complaints, questions or suggestions regarding the App, our Services or these Terms. You can find our contact details in clause 1. We will try to investigate and resolve your complaints as soon as reasonably possible for us. To do so we may need additional information from you about the complaint. We will inform you of our actions following your complaint.
9.2 If we are unable to resolve a dispute, such dispute shall be submitted exclusively to the competent court of the District Court of Amsterdam, the Netherlands, unless within one (1) month after we have invoked this provision you have informed us of your wish to submit the dispute to another court that is competent under Dutch law.
10. FINAL PROVISIONS
10.1 We reserve the right to amend these Terms at any time (e.g. to reflect changes to applicable regulations or to the App).
10.2 If you fail to comply with these Terms, and we do not take immediate action, this does not mean that we are waiving any rights we may have (such as taking action in the future).
10.3 If any provision of these Conditions proves to be void, voidable or otherwise invalid, this will have no effect on the other provisions of these Conditions.
10.4 If we intend to transfer any of our rights and obligations under these Terms to a third party, we will notify you and such transfer will not affect your rights under these Terms. You may not assign your rights and obligations under these Terms unless we have given you written consent to do so.
10.5 Only you can enforce these Terms, as these Terms are an agreement between you and us.
10.6 Nothing in these Terms and Conditions shall limit your statutory rights as a consumer, insofar as such rights may not be limited by contract.
10.7 These Conditions have been drawn up in accordance with and are subject to Dutch law.