User terms for healthcare professional

For the use of Improve Mobile app and Open Health Hub Designer
(version 1.0)

Article 1. Definitions

In these terms and conditions the following terms shall be used:

  1. Adaptive Maintenance: improvements and/or adjustments resulting from technological developments, including the introduction of new operating systems.
  2. Account: the account that is exclusively created and managed by the Healthcare Professional or by a third party after explicit approval by Open HealthHub.
  3. App: the application named “Improve Mobile app”, which can be downloaded on mobile devices and which can be used by the Healthcare Professional and the Patients to fill in questionnaires and for mutual communication via the Open HealthHub platform.
  4. Author: the owner of the Content written by him and made accessible via the Service.
  5. Content: all material originating from Healthcare Professionals, Open HealthHub and Authors that is made accessible via the Service.
  6. Corrective Maintenance: the tracing and repairing of Defects.
  7. Service: the Service that Open HealthHub provides to the Healthcare Professional via its online Environment “Open Health Hub Designer”, the App and the associated Open HealthHub platform and is described in the Agreement as well as in Article 4 of these Conditions of Use.
  8. EHR: the electronic Health record.
  9. Defect: an imperfection in the Environment and/or the App, as a result of which it does not function in accordance with the specifications communicated to Health Care professional.
  10. User Terms and Conditions: the present terms and conditions and service levels that apply to the Service.
  11. Data: all the material and all information that the Healthcare Professionals and Patients make available or enter, including Personal Data, all communications that Healthcare Professionals and Patients make, as well as all data that is processed and created with or during the use of the Service.
  12. Environment: the private internet environment called “Open Health Hub Designer”, which is made available to the Healthcare Professional online and with which healthcare modules can be composed that can be accessed via the Open HealthHub platform through the App.
  13. Open HealthHub: the private limited liability company Open HealthHub B.V. established at Jan Wagenaarlaan 17 in (3832 KX) Leusden, registered with the Chamber of Commerce under number 64377679.
  14. Agreement: the (electronically concluded) agreement that the Healthcare Professional enters into with Open HealthHub prior to using the Service, based on which the Service is provided. The User Conditions and the Processor Arrangements are part of this agreement.
  15. Patient: the natural person who has entered into a medical treatment agreement with the Healthcare Professional and whose Personal Data are included in the Service by the Healthcare Professional.
  16. Patient account: the access possibility created by the Healthcare Professional for the Patient to the data relevant for the Patient.
    Preventive maintenance: taking measures to prevent the occurrence of Malfunctions in the Service and/or Defects in the Environment and the Application.
  17. Failure: a disruption or incident in the availability and/or usability of the Service, whether or not caused by a Defect.
  18. Reimbursement: the amount of money that the Healthcare Professional owes Open HealthHub for the use of the Service.
  19. Processing Arrangements: the arrangements that the Healthcare Professional and Open HealthHub have made concerning the processing of the Personal Data of the Patients.
  20. Password: the password created by the Healthcare Professional and/or the Patient that, in combination with the email address, gives the Healthcare Professional and/or the Patient access to his/her Account and/or Patient Account.
  21. Website: the Open HealthHub website (openhealthhub.com), including all sub-domains.
  22. Healthcare Professional: the healthcare provider or its employee that makes use of the Service.

Article 2. Applicability and amendment of the Terms of Use

  1. These User Conditions are applicable to the agreement concerning the Service between the healthcare professional and Open HealthHub.
  2. Open HealthHub is at all times entitled to unilaterally change and/or supplement these Terms of Use. The most current version can be found on the Website. Should Open HealthHub wish to make changes, then this will be clearly communicated to the Care Professional and he will be given the opportunity to download the new Terms of Use.
  3. If the use of the Service is continued after alteration or addition of these Conditions of Use, they are considered to be accepted by the Healthcare Professional, unless the Healthcare Professional objects to them within seven days after the notification. If the Healthcare Professional does not agree with the changed or supplemented Conditions for Use, he is authorised to terminate the use of the Service with immediate effect.

Article 3. Realisation and duration of the Agreement

  1. The Agreement for the use of the Service comes about as soon as the healthcare professional agrees (electronically) with the applicable rates, Terms and Conditions of Use and the Processor Agreements. As part of entering into the Agreement, Open HealthHub requests the name of the healthcare professional, the e-mail address of the institution with which he is associated and their registration number. The latter thereby verifies and authenticates the access to its Service.
  2. After the acceptance referred to in section 1, the establishment of the agreement will be confirmed by Open HealthHub at the e-mail address provided by the healthcare professional. This e-mail will include the applicable rates, Terms of Use and the Processing Arrangements.
  3. The Agreement is entered into for an indefinite period of time and can be terminated by both Parties by e-mail, taking into account a notice period of one month. The Healthcare Professional must send this e-mail to support@openhealthhub.com.

Article 4. Description of the Service

  1. In order to make use of the Service the Healthcare Professional, after entering into an Agreement with Open HealthHub, needs to create an Account and a Password within the Environment made available to him.
  2. Patients need to be invited by the healthcare professional before they can make use of the App, after which they can gain access to their own patient account by means of an initial login code and a self-created Password.
  3. The Service offers the Healthcare Professional functionalities to compose care modules, create questionnaires and educate Patients, all with the help of the Environment in combination with the App.
  4. With the aid of the Service, the healthcare professional is able to set up Patient Accounts on which information relating to a treatment can be shared with Patients and questionnaires can be included that Patients can fill out with the aid of the App.
  5. Healthcare Professionals can, on their own Account within the Environment and/or the App, view the answers that Patients have given to the questionnaires and, if this service is purchased, integrate it with the EHR. The Healthcare Professional is responsible for the timely and regular downloading of the (encrypted) Data provided by the Patient and for the safe storage thereof.
  6.  Patients can view treatment information on their own Patient Account within the App and fill in questionnaires, possibly with the help of home measuring equipment.

Article 5. Use of the Service

  1. The Healthcare Professional acknowledges that even though he uses the Service, he may not expect medical advice of any kind from the Service. Open HealthHub cannot be held liable for measures or decisions that are taken as a result of or in connection with the use of the Service and that could lead to liability for the Healthcare Professional.
  2. The Healthcare Professional guarantees to Open HealthHub that he is entitled to use the Service and will act in accordance with these Terms of Use and the Processing Agreements. The use of the Service and the Content is entirely at the expense and risk of the Healthcare Professional.
  3. By entering into the Agreement, the healthcare professional gains the right to use the Service. This user licence is valid for a maximum of 500 ‘active’ Patient Accounts per year. Should the Healthcare Professional wish to create more Patient Accounts, then he/she will need to enter into an additional Agreement with Open HealthHub.
  4. The Healthcare Professional is responsible for the actions, including entering and providing data or information, that he/she carries out via the Service. Without prejudice to the other provisions of these Terms and Conditions of Use, this information and/or these actions may not
    1. not be based on falsehoods and/or be misleading;
    2. not contain any viruses, Trojan horses, worms, bots or other software that can damage, render unusable or inaccessible, erase or appropriate the Service or Content or that are intended to circumvent technical protection measures of the Service, Website and/or Open Healthub’s computer systemsdo not place an improper, unreasonable or disproportionate burden on the infrastructure of the Service in such a way that the functioning of the Service is partially or completely impeded;
    3. do not hinder the functionality(s) of the Service;
    4. do not consist of assuming a false identity or falsely suggesting that the Healthcare Professional is involved with Open HealthHub;
    5. not be in conflict with any applicable laws and regulations;
    6. not conflict with these Terms of Use, the Processing Agreements, or any other legal document declared applicable to the legal relationship between Open HealthHub or its suppliers and the Healthcare Professional;
    7. do not infringe any rights of Open HealthHub or third parties, including intellectual property rights or rights concerning the protection of personal data;
    8. do not consist of sending messages which in the opinion of Open HealthHub are against morality, discriminating or hurting, call for violence, promote illegal activities and/or contain pornographic, erotic material, threats and/or can be considered as illegal activity, chain letter or spam and/or are in any other way indiscreet or incorrect;
    9. not be otherwise unlawful in any way;
    10. not harm the interests and/or good name of Open HealthHub or its shareholders.
  5. If the Healthcare Professional believes that Content or other information distributed using the Service is incorrect or unlawful, he can report this via support@openhealthhub.com.

Article 6. Reimbursement due

  1. The Healthcare Professional owes Open HealthHub a fee for using the Service, unless it is a trial period.
  2. The fee payable by the healthcare professional to Open HealthHub is determined by the chosen subscription. The applicable rates are communicated to the healthcare professional on the website prior to entering into the agreement and are subsequently confirmed to the healthcare professional immediately after entering into the agreement.
  3. The fees are increased with VAT and possible other government-imposed levies if the law requires this.

Article 7. Payment

  1. In the first year the annual Fee payable by the healthcare professional for the service will be invoiced in advance by Open HealthHub. In the following years the Reimbursement will be invoiced monthly in advance by Open HealthHub.
  2. The Healthcare Professional will pay each invoice within 30 days after the invoice date, in a way to be indicated on the invoice by Open HealthHub.

Article 8. Maintenance, back-up, availability and recovery

  1. Open HealthHub carries out Adaptive, Corrective and Preventive Maintenance of the Environment and the App.
  2. The maintenance to be carried out by Open HealthHub will take place as much as possible outside office hours.
  3. Open HealthHub will make a full back-up of the Data once a day. This back-up will be kept for a period of twelve (12) months. This does not release the Healthcare Professional from his/her own obligation to download and make back-up copies of the (encrypted) Data provided by the Patient on a timely and regular basis and to share these (possibly) with another healthcare professional.
  4. If a Defect or Malfunction has occurred in which the Data of the Patient has possibly been destroyed or has become unusable, Open HealthHub will take care of the recovery of that Data within eight (8) hours.

Article 9. Support and Disruptions

  1. Open HealthHub will deal with well-founded requests from the Care Professional for support within a reasonable period of time according to its usual procedures.
  2. Support consists of advising the Healthcare Professional by telephone about the use and functioning of the Environment and the App and resolving Defects and Faults by means of Remote Support.
  3. The healthcare professional can request support and report Faults and Shortcomings on Monday through Friday between 09:00 and 17:00 hours via the Open HealthHub service desk (tel. +31 85 333 0007) or e-mail (support@openhealthhub.com), with the exception of Saturdays, Sundays and generally recognised holidays.
  4. The Care Professional shall report the Faults and Shortcomings detected by him or the Patients in detail to Open HealthHub. Open HealthHub will deal with the report within a reasonable period of time according to its usual procedures.

Article 10. Availability, interruption or modification of the Service

  1. Open Healthhub will make reasonable efforts to provide the Service. Open Healthhub does not guarantee that the Service and/or the Content will be accessible at all times and without interruptions or failures, nor that the Service and the Content will be provided without errors and/or completely.
  2. Open HealthHub has the right, without prior notice and without being liable for damages, to put the Service, whether temporarily or not, out of use:
  3. put the Service out of use or terminate it, temporarily or not;
  4. limit the use of the Service if this is necessary in its opinion, for example in case of abuse or in case of reasonably required maintenance of the Service;
  5. make procedural and/or technical changes and/or improvements to the Service.

Article 11. Intellectual property rights

  1. All intellectual property rights regarding the website, the Service and the Content, including the intellectual property rights on the texts, images, design, photos, software, audiovisual material, questionnaires and other materials belong to Open HealthHub, the Authors and/or its licensors.
  2. Under the condition of payment by the healthcare professional of the agreed upon Fee, Open HealthHub grants the healthcare professional the non-exclusive and non-transferable right to use the Service on his/her hardware. This use is strictly limited to the purposes of the Service (as described in Article 4 of these Terms of Use) and subject to these Terms of Use.
  3. The Healthcare Professional is not permitted to allow third parties to use the Service, with the exception of Patients and the employees employed by the Healthcare Professional.
  4. The Healthcare Professional is not permitted to publish or reproduce (parts of) the Content without the permission of Open HealthHub or the Authors (in case the Content originates from Authors). The Content is only used within the objectives of the Service. The healthcare professional will indemnify Open HealthHub for possible claims by a third party (including the authors), due to infringement by the healthcare professional on their intellectual property rights.
  5. The Healthcare Professional is not allowed to remove or change any notices of intellectual property rights regarding the Content.
  6. The use of the Content of Authors can be subject to further conditions. The healthcare professional is obliged to agree with the specific conditions attached to the content before using it.
  7. By entering Data the Healthcare Professional automatically grants Open HealthHub a free, unencumbered, worldwide, sub-licensable, non-exclusive license to use this Data in connection with the Service and to use the non-patient related Data for marketing and/or promotional purposes in connection with the Service, for example by mentioning the name of the institution where the Healthcare Professional works as a reference. The foregoing is with the exception of the use of Personal Data that will be processed with due observance of the Processor Agreements and the applicable legislation and regulations in the area of Personal Data.

Article 12. Liability

Open HealthHub excludes, to the extent permitted by law, liability for all damage that the Healthcare Professional suffers as a result of

  1. the use of the Service, to the extent that the Service is provided free of charge;
  2. the non-, incomplete or not safe availability of the Service or parts thereof;
  3. unlawful, incorrect or incomplete Content, including Content that infringes on the rights of third parties, such as authors;
  4. the actions of Patients;
  5. changes to the Service.
  6. If, despite the provisions in article 10.1, Open HealthHub still has any liability, this liability towards the healthcare professional, for whatever reason, is at all times limited to a maximum of one year:
    1. If the Service is provided free of charge 500 Euros; or
    2. If it concerns a paid service: the amount that the healthcare professional has paid in fees for the use of the service in the year prior to the event (or, if the event occurs in the first year, to the amount that the healthcare professional would have paid in that year);
  7. Open HealthHub is never liable for indirect damage, including but not limited to pure financial damage, consequential damage, loss of turnover and profit, loss of Content and other information and immaterial damage, related to or arising from the Service.
  8. Open HealthHub accepts no liability or responsibility whatsoever with regard to communications, products and/or services from third parties. Third parties are also understood to be (legal) persons who are in any way connected to the Service or mentioned in the Service (including Authors).
  9. The Healthcare Professional indemnifies Open HealthHub for all damages, including damages from Patients, that are caused and related to or result from the use by the Healthcare Professional and/or his Patients, as well as for damages, including damages from third parties, that are caused by violation of these Terms of Use, the Processing Agreements and/or violation of any other rights of third parties by the Healthcare Professional.
  10. The limitations on Open HealthHub’s liability included in these Terms of Use do not apply in the case of:
    1. deliberate or conscious recklessness by the management of Open HealthHub;
    2. Damages or claims arising from violations of the applicable laws and regulations regarding Personal Data. This is subject to the provisions in the Processor Agreements.
  11. A condition for the existence of any right to compensation is always that the damage is reported in writing to Open HealthHub within one year after the damage arose.

Article 13. Suspension and termination of the Service

  1. Open HealthHub has the right to partially or completely suspend (access to) the service in the case that the healthcare professional does not fulfil an obligation towards Open HealthHub and that this non-fulfilment justifies the suspension.
  2. The suspension will be lifted when the healthcare professional has fulfilled his/her obligations, unless Open HealthHub has already validly dissolved or terminated the agreement with the healthcare professional.
  3. Open HealthHub is also entitled to terminate the Service without any notice of default or notification in the case that
    1. The Healthcare Professional is damaging the interests of Open HealthHub in such a way that Open HealthHub cannot be expected to continue the Service:
    2. The Healthcare Professional acts in violation of these User Conditions, the Processing Agreements and/or other rules communicated by Open HealthHub to the Healthcare Professional via the Website and/or the Service and continues to do so, despite a warning from Open HealthHub;
    3. the actions of the Healthcare Professional, in the opinion of Open HealthHub, can cause damage to the Healthcare Professional himself, to other users of the Service, to Patients, to third parties or to Open HealthHub.
    4. Open HealthHub is obliged to do so by order of a competent authority.
  4. The Healthcare Professional has the right to discontinue the use of the Service at any time. This does not relieve the Healthcare Professional of his possible payment obligation, which continues until the moment of termination of the Service.
  5. Upon termination of the Service, the Healthcare Professional and the Patients designated by the Healthcare Professional no longer have access to their Data. Upon termination, Open HealthHub contacts the Healthcare Professional to transfer the Data, if desired, in a standardised format or to permanently remove the Data, all in accordance with the Processing Agreements.

Article 14. Privacy

  1.  During the creation of the Account and the Patient Accounts and during the provision of the Service, Data of the Healthcare Professionals and Patients are stored in the secure environment of (the suppliers of) Open HealthHub.
  2.  The Data are stored and processed in accordance with the applicable laws and regulations and in accordance with the Processing Agreements. Open HealthHub implements appropriate technical and organizational measures to secure the Data against loss or against any form of unlawful processing. The Data of the Patient will be stored encrypted, sent to the Care Professional by means of end-to-end encryption and will therefore not be accessible to Open HealthHub.
  3.  Open HealthHub is considered the data controller in the sense of the GDPR, as far as it concerns the processing of personal data regarding the Healthcare Professional and/or his/her employees. This concerns all the data entered by the Healthcare Professional and/or his/her employees, with the exception of any Patient Data provided and the data collected by HealthHub itself. It concerns in particular:
    1.  name and address and other contact details of the healthcare professional and/or his employees;
    2. The registration number of the healthcare professional;
    3. Information concerning the subscription of the healthcare professional to the service, including the method of use;
    4. Communication with the healthcare professional in the context of the Service;
    5. Payment data;
    6. technical information, such as the computer of the Healthcare Professional and/or his employees, the operating system, the browser, the statistics regarding viewed pages of the Website, the traffic to and from the Website, the geographical location, the referring URL and the IP address;
    7. Within the Environment, the following cookies are processed: first party cookies (functional and session cookies) and third party cookies (Google Analytics, Vimeo and ZoHo SalesIQ). Additional information can be found in the privacy and cookie statement on the Website;
    8. information regarding (alleged) infringements of intellectual property rights and/or other unlawful acts.
  4. The personal data referred to in paragraph 3 are processed on the one hand because they are necessary for the implementation of the Agreement (sub a to d) and on the other hand because they are necessary in the framework of the legitimate interest of Open HealthHub (sub e to g). The processing takes place within the framework of the following purposes:
    1.  Providing its Services, including making available online functionalities with which the Healthcare Professional can perform the actions described in Article 4;
    2. Promoting safe trade via the Service and following up complaints and/or reports regarding unlawful trade via the Service;
    3. Answering questions from the Healthcare Professional or his Patients;
    4. observing the User Conditions, the Processing Agreements and/or the house rules of Open HealthHub;
    5. qmeasuring the interest in its Service and improving and/or promoting ease of use of the Service;
    6. maintaining and expanding the commercial relationship with the Healthcare Professional (for example, by means of offers of other services);
    7. Conducting market research;
    8. The conversion of the Data into statistical data, the result of which can no longer be traced back to individuals;
    9. the execution of applicable (including tax) legislation or regulations;
    10. any other purposes as specifically described when the Information is collected.
  5. The Data referred to in paragraph 3 will only be provided to third parties in so far as this is done
    1.   in the context of the execution of the Service (such as the provision to a hosting party);
    2. on the basis of a written instruction from the healthcare professional;
    3. Based on a legal regulation (including judicial or administrative orders based on this).
  6. Based on the GDPR, the Healthcare Professional and/or her employees have the right to inspect, correct (and under certain circumstances) limit or remove their Data. For this purpose they can contact Open HealthHub via support@openhealthhub.com. In addition, they can object to the processing, as far as it takes place within the framework of the legitimate interest of Open HealthHub.
  7. The Data mentioned in paragraph 3 will not be kept longer than necessary for the purposes mentioned in paragraph 4.

Article 15. Miscellaneous, applicable law and competent judge

  1. Open HealthHub may transfer its rights and obligations that arise from agreements concerning the Service to third parties and will inform the healthcare professional of this.
  2. The applicability of possible general (purchase) conditions used by the healthcare professional is hereby explicitly rejected.
  3. Dutch law is applicable to the agreement.
  4. All disputes that might arise between the healthcare professional and Open HealthHub will be submitted to the competent judge in the district of Midden-Nederland, notwithstanding the right of Open HealthHub to appoint another judge in the relevant situation.
  5. If these Conditions of Use are or become partially invalid, then the Healthcare Professional and Open HealthHub will remain bound to the valid provisions. Open HealthHub will replace the invalid provisions with provisions that are valid and of which the legal consequences correspond as much as possible to those of the invalid provisions, taking into account the content and the meaning of these Conditions of Use.