RELEVIUM APP Terms of Service
These Terms of service are an agreement between You, as the RELEVIUM App user (i.e., a patient or a care giver), hereinafter “You”, “your”, and the RELEVIUM Consortium, hereinafter “we”, “us”, “our”, who are providing this Application in the context of RELEVIUM, which is a research project funded by the European Union, through the Horizon 2020 Framework, under the Grant Agreement n°101057821.
For more details, we refer to our website https://www.releviumproject.eu.
To contact us, please click on https://www.releviumproject.eu/contact, alternatively you can reach out to us via email to Info@releviumproject.eu.
Article 1. General information
1.1. These Terms of services govern the use of RELEVIUM App, including services provided through the app. The service is operated by the RELEVIUM Consortium.
1.2. You declare to be aware of the Terms of service and to accept them. In that respect, we urge You to carefully read these Terms and Conditions prior to the use of our services as well as in the event of any notified changes.
If you do not agree to these Terms of services, you shall not use our services.
1.3. We reserve the right to change these Terms of service at any time. The latest version of these Terms of services can be found in the App menu, under “Terms of service”.
1.4. The RELEVIUM App requires the processing of personal data about you. The information relating to the processing of personal data is available in the RELEVIUM App Privacy policy.
1.5. The RELEVIUM App enables the patient to be connected to their healthcare provider to analyse input data (vital, environmental and algorithm) and provide best treatment options the App supports communication between App users and health care professional through questionnaires and feedback sent directly by the health care provider. The App User (i.e., patient or care provider) using the app is informed through notification directly in the app.
Article 2. Definitions
2.1. “Patients” are individuals receiving treatment for pancreatic cancer;
2.2. “Care givers” are individuals assisting patients in their daily life but who are not Health Care Providers.
2.3. “Health Care Provider” (HCP) is an individual providing medical care in a professional capacity,
2.4. “Tasks” are interventions and questionnaires sent on the basis of the analysis of the data provided by the user though the RELEVIUM App. They can either be a request for additional information (a questionnaire), or a recommendation made for an action to be taken by a patient.
2.5. “Wearables” are the sensors worn by the patients to collect the physiological data necessary to evaluate the health status of the patients. The wearables act as an Electrocardiogram (ECG), they measure the Galvanic skin response (GSR), Body temperature and Step count. The wearables also indicate geolocation and geo-fencing data.[EB1]
Article 3. Registration
3.1. You can access our services via the RELEVIUM App, which you will have downloaded from either the Apple AppStore or the Google Play Store. You must register yourself as a user, by signing in and creating a user account, either as a patient or as a care giver.
3.2. You must provide complete and accurate information for your registration. You need to provide your basic information data, gender, name and surname, you may als add a profile picture. For the next step in the registration process you must also provide the information necessary for your identification and connection to the RELEVIUM App system, i.e., your name, contact details, and an account password.[EB2]
You will keep your password secret and not share your account information with anyone.
3.3. You will not attempt to discover or use the personal account of anyone else. You will not create any unauthorized account, including but not limited to by means of using a machine, script, bot, spider, crawler or scraper.
3.4. We shall not be liable for any loss or damage arising from your failure to comply with the above. We reserve the right to disable access to your account at our discretion if you do not comply with these Terms of service.
Article 4. Access and use
4.1. The services provided through the RELEVIUM App will be regularly updated. The user interface and user experiences may change without prior notice. We will make reasonabl and proportionate effort to ensure accessibility to our services though the App, however, please note that services may be temporarily suspended without prior warning, in case of any technical errors, maintenance work or for any other reason. Furthermore, we reserve the right to suspend the service for individual users if the terms of services are breached. We will not be liable for any damage or prejudice sustained due temporary and permanent unavailability or restricted access to our services.
4.2. You may not use the RELEVIUM App services for any illegal or unauthorised purposes and you must abide to the applicable laws and regulations. You will not attempt to restrict the use of the RELEVIUM App services of another user, nor violate these terms of services or any other condition of the RELEVIUM App services. You will hinder or disrupt the provision of the RELEVIUM App service including by not limited to by spyware, malware, viruses or any other destructive code.
4.3. We reserve the right to disable access to your account at our discretion if you do not comply with these Terms of services or if your use of the system or application forms a legal risk to us.
4.4. The use of the RELEVIUM App goes hand in hand with certain rights and obligations as determined in these Terms of services. You are also expected to read our privacy policy and all other rights and obligations that are clearly mentioned hereon.
Article 5. Information provided to the user
We will make reasonable efforts to ensure that the information we provide on the RELEVIUM App is as accurate as reasonably possible. We may change the content or features offered on the RELEVIUM APP or the functionalities or features in the application at any time, without prior notice if such change is necessary for technical or security reasons. We are under no obligation to make any updates to the services provided. You understand that the information on the application may not always be accurate, complete or fit for your purpose and that we cannot be responsible for any deterioration of your existing condition or any new condition that may occur.
Article 6. License to use
6.1. The RELEVIUM App, which is a “Software”, and the associated User guide and other documents (“Documentation”) which are provided to You, are owned by the RELEVIUM Consortium.
6.2. You are granted a free, non-exclusive, non-transferable license to use the Software in the European Union, and the European Economic Area.
6.3. We hereby grant to you, the Licensee, and You hereby accepts, a non- exclusive, non-transferable and non-sublicensable right (“License”) throughout, subject to the provisions set forth in this Agreement, to (i) use the Software on a single computer system for the purpose of the Software as described in the Documentation and (ii) use the Documentation in support of the authorised use of the Software.
6.4. You may not (i) modify, delete or alter the Software, its source code and the Documentation, (ii) compile, decompile, reverse engineer, disassemble, translate or merge the Software or its source code or reduce the Software by any other means to a human perceivable form, (iii) distribute, sell, transfer, lend or otherwise make available, or disclose to third parties, the Software, its source code and the Documentation or (iv) create derivative works of the Software, its source code and the Documentation.
6.5. You will be entitled to use any replacements, modifications, additions or updates of the Software that may become available during the term of the License insofar as the fees have been fully paid and insofar as the provisions of this Agreement have been fully adhered to, notwithstanding the right of the Licensor not to create any updates or new versions.
Article 7. Intellectual Property
7.1. We retain all rights, including all intellectual property rights to the RELEVIUM App, information, data and content provided by us.
7.2. Ownership of and all proprietary rights, including all brands, logos, trademarks, internet domain names, models and designs, patents, copyrights (including all rights relating to software) and moral rights, rights relating to databases, knowhow, and other rights, as well as all other industrial and intellectual rights, in any case independent from whether or not they have been registered and with the inclusion of registration applications as well as all equivalent rights or means of protection (e.g. trade secrets) leading to a similar result anywhere in the world (“Intellectual Property Rights”), in the Software, its source code and the Documentation and each copy thereof will remain at all times with us.
Article 8. Warranties and liabilities
We provide the Software “as is”, without any warranty whatsoever. We hereby disclaim, and You accept, all other warranties, express, implied or statutory, including all implied warranties of merchantability, fitness for a particular purpose, unless explicitly agreed otherwise.
8.1. We do not warrant that (i) that the Software or any portion thereof is error or bug free, nor that its operation will be uninterrupted and (ii) that the Software will meet Your requirements.
8.2. We will not be held liable for any consequential, special, incidental or indirect damages, arising out of this Agreement (including, without limitation, financial damages, loss of profits, income, opportunities, savings, reputation, business or data, or costs of recreating lost data), even if we have been advised of the possibility of such loss or damage.
8.3. We will not be held liable for any damages resulting from legal proceedings initiated by third parties against You, regardless of the form of the action.
8.4. In any case, our total aggregate liability will be limited to the amount of our insurance coverage.
Article 9. Duration and termination
9.1. This Agreement will commence on the date on which you agree with our Terms of services (“Effective Date”).
9.2. This Agreement will come to an end on the day on which you delete your user account.
Article 10. Complaints, Dispute and applicable law
10.1. Any claim against us must be submitted by registered mail within a period of seven (7) calendar days after the discovery of the reason for such claim.
10.2. In the event of disputes in the interpretation and/or performance of this Agree ment, the Parties shall first undertake to settle their differences amicably.
10.3. If no amicable settlement can be reached, any dispute related to this Agreement will be adjudicated exclusively by the Courts of Brussels.
10.4. This Agreement is governed exclusively by Belgian law, to the exclusion of any conflict-of-laws rules which would cause the laws of another jurisdiction to apply.