Terms and conditions of the "Orthodose®" mobile application
Summary
The following Terms and Conditions (hereinafter referred to as “T & Cs”) govern the use of the Orthodose® mobile application (the “Mobile Application”) as well as the web application (the “Web App”) located on www.orthodose.com (the Mobile Application and the Web App are jointly referred to as the “Application”) provided by MedLight, SRL (hereinafter referred to as “MedLight” or “we”). By installing the Application on your device and/or by accessing the Application as a visitor and/or user, you are required accept unconditionally and without reservation all of the T & Cs defined below. If you do not agree to these T & Cs, you must immediately uninstall the Application and/or discontinue its use.
Please read these T & Cs carefully before using the Orthodose® Application. By using the Application, you acknowledge that you have read, understood, and agree to be bound by these T & Cs.
These T & Cs were most recently updated on 25 January 2024.
Please read these T & Cs carefully before using the Orthodose® Application. By using the Application, you acknowledge that you have read, understood, and agree to be bound by these T & Cs.
These T & Cs were most recently updated on 25 January 2024.
1. LEGAL INFORMATION
The Application and Website are operated by MedLight, SRL, a company registered at Rue Franciscus Vandevelde 20, 1160 Auderghem, Belgium, under registration number 0764.817.779.
2. DEFINITIONS
Terms starting with a capital letter within these T & Cs, whether used interchangeably in the singular or in the plural, will have the meaning given to them below:
- “Application” means the Orthodose® application supplied by MedLight, providing access to the Services (as defined below). The Application includes all its contents, software, programs, tools, databases, operating systems, documentation, and all other elements and services that compose it, including updates and new versions that may be applied to the Application by MedLight. These T & Cs apply to the use of both the mobile application and the web application, located on the Orthodose® website.
- “Content” refers to the structure of the Application, drawings, illustrations, images, photographs, graphic charts, trademarks, logos, acronyms, company names, medical information, scientific data, visual content, audio and sound content, and any other content present within the Application or any other element composing the Application.
- “Services” refer to the various features and services offered by the Orthodose® Application.
- “User” or “You” refers to the qualified Healthcare Professional who downloaded the Application.
- “User Account” means the account the User needs to set up when first installing the Application.
- “User Content” means any content published and/or transmitted by the User via and/or on the Application, including, but not limited to, text, images, audio, video, and any other form of information capable of being stored on an electronic device that appears on, or forms part of, the Application.
- “VPP Operator” means the entity or individual contracting with MedLight that enters into an agreement as outlined herein, to participate in the Volume Purchase Program (“VPP”). The VPP Operator has the right to make bulk purchases of licenses under the terms specified herein.
3. GENERAL TERMS
3.1. Applicability
These T & Cs apply to all Services offered by MedLight through the Application, except where expressly indicated to the contrary.
3.2. Appstore Terms
If you use the mobile Application, these T & Cs incorporate by reference Apple’s or Google Android’s terms and conditions and privacy policies (the “Platform Terms”). If there is any conflict between these T & Cs and the Platform Terms, then the Platform Terms will prevail. Your use of the Application may also be controlled by the Platform Terms.
3.3. Capacity
You may not use the Services nor accept these T & Cs if you are not of legal age or have the required mental capacity to form a binding contract with MedLight.
3.4. Acceptance
The use of the Services required the unconditional acceptance by the User of the applicability of these T & Cs. It is the User’s responsibility to read and understand the T & Cs. If the User does not agree to these T & Cs, the User should refrain from using the Application or any other of the MedLight Services.
3.5. User Terms
All terms and conditions maintained by the User that are contrary to these T & Cs are hereby rejected and therefore do not apply to the use of the Application.
3.6. Operating System Requirements
The requirements for Android and/or Apple may change so the User may need to download updates as they become available in order to continue using the Application. MedLight does not promise that it will always update the Application so that it is compatible with the version of Android installed on the User’s device. The web application can be accessed using any device that can use the world wide web through the regular browsers.
3.7. Third-Party Device
If the User downloads the mobile Application onto any device not owned by the User, the User must have the owner’s permission to do so. The User will remain responsible for complying with these T & Cs, whether or not the User owns the device.
4. PURPOSE OF THE APPLICATION
4.1. Intended Users and Use of Information
The Orthodose® Application is exclusively intended for healthcare professionals and has been designed to provide information on the uses of reference products in palliative care and calculations related to these products.
The information provided through Orthodose® tools is for documentation and information purposes only. The User assumes sole and entire responsibility for any use made of the information. It is clarified that:
- The Orthodose® Application does not collect any personal nor specific patient data, and such data should not be provided by the User. Therefore, the Application cannot take such data into account in the context of the Services.
- The Orthodose® Application cannot be used as a diagnostic or therapeutic tool or as a substitute for the clinical judgment of a qualified healthcare professional.
- The User must use the reference information provided by the Orthodose® Application in the treatment of their patient, alone and under their sole responsibility. This information should be used in conjunction with the specific data of their patient known only to the User.
- MedLight cannot be held liable for any inappropriate use that would contravene the principles set out above.
The User hereby agrees to be a licensed and qualified healthcare professional, as per applicable laws/regulations applied by competent authorities. MedLight shall not be responsible for validating the User’s status as a healthcare professional and shall not be liable in any manner whatsoever in case of unauthorized use of the Application.
4.2 Application Modules
4.2.1. Modules Accessible in the Free Version:
- OPIOID SWITCHER: Opioid Converter. The Opioid Switcher module provides the User with a tool to calculate the theoretical equianalgesic dose of (Most frequently used opioids in palliative care). Equianalgesic dose calculation is based on information provided by pharmaceutical firms and/or evidence-based medicine from scientific literature. Additionally, Opioid Switcher offers a dose reduction calculation during opioid conversion, following recommendations from specific literature.
- CORTICODOSE: Corticosteroid Converter. Corticodose allows healthcare professionals to compare the mineralocorticoid potency of various glucocorticoids. The module also provides essential information on the half-life of each corticosteroid.
4.2.2 Modules Accessible in the “Premium” Paid Version (Orthodose® Pro):
- RESCUE DOSE: Opioid Rescue Dose Calculation In palliative care. The opioid rescue dose, also known as the breakthrough dose, is administered during an attack of paroxysmal pain. The “Rescue Dose” tool, based on palliative care calculation rules, offers a standardized calculation of the rescue dose.
- BENZO SWITCHER: Benzodiazepine Converter The “Benzo Switcher” module provides the User with calculations for converting one benzodiazepine to another, using reference ratios proposed in specialist literature and by experts. This information is intended for informational purposes.
- MIX & MATCH: Drug Compatibility Checker for Continuous Infusion Pump “Mix and Match” assists healthcare professionals in determining the compatibility of drug combinations for use in the same syringe or infusion pump. It provides information on the feasibility of combining specific drugs but does not offer data on pharmacokinetic and/or pharmacodynamic drug interactions.
- SUB-CUT: Drug Compatibility Checker for Subcutaneous Administration. When oral administration is not possible, the subcutaneous route is often employed in palliative care. The “Sub-Cut” module offers a list of medications recognized as compatible for subcutaneous administration, as found in the medical literature.
Please note that the above-listed modules and their functionalities are subject to change by MedLight without prior notice, at MedLight’s sole and absolute discretion. MedLight is also entitled to refuse to provide the Services, or any part thereof, to any (potential) User, for any reason and at any time.
To access the additional modules and features available in the Orthodose® Pro version, Users must subscribe to the premium version of the Application.
4.2.3 Volume Purchase Program:
The Orthodose® web application offers a Volume Purchase Program (VPP) to facilitate license bulk purchases of the Application. VPP can only be accessed through the orthodose.com website or via the address https://vpp.orthodose.com MedLight shall provide the VPP Operator with access following the below steps being completed to MedLight’s satisfaction.
The terms and conditions for the use of the Application and the VPP are identical. Any use of the VPP shall be subject to the T & Cs of use specified herein. The license(s) bought through VPP shall bear identical functionalities to applications purchased on Apple and Android stores, or Orthodose® website. It can be activated and used on all Applications, subject to terms and conditions imposed by the Apple and Android app stores.
The VPP Operator may need to provide additional information for VAT and billing purposes.
Each license purchased through the VPP will generate a subscription command line in the VPP team management web page.
Email serves as the authentication key for accessing the Application on any device. The VPP Operator enters an e-mail address on the command line to activate the license to the end-User of the VPP Operator’s choice. The VPP Operator is also allowed to add a first and last name on each license. Individual end-Users must follow the usual steps, including confirming their status as healthcare professionals, upon their first login. They will also need to access the email box with their smartphone to activate their license on iOS and Android smartphone and tablets.
5. FINANCIAL CONDITIONS AND SUBSCRIPTION TERMS
5.1. Basic Version
To access and use the mobile Application, the User must have a compatible telephone or a mobile terminal with access to the Internet. The mobile Application can be downloaded free of charge, in its basic version onto mobile devices using compatible OS versions.
The software version of the Application may be updated from time to time to add new functions and services. We recommend to always download the latest version to get full functionalities of the Application.
5.2. Premium Version – Orthodose® Pro
Subscription to the premium version of the Application (whether via mobile or the web), known as Orthodose® Pro, allows the user access to the following modules:
- 1. RESCUE DOSE: Opioid rescue dose calculator.
- 2. BENZO SWITCHER: Benzodiazepine converter.
- 3. MIX & MATCH: Checks the compatibility of a drug combination for a continuous infusion pump.
- 4. SUB-CUT: Checks the compatibility of drugs administered subcutaneously.
As part of Orthodose® Pro, the User can access the web Application (to be deployed), which operates through standard Internet browsers. The User can utilize the web-app on various devices, including but not limited to personal computers, laptops, tablets, and smartphones, without dependence on Android or Apple Stores.
The premium version, Orthodose® Pro, provides access to additional molecules not present in the OPIOID SWITCHER of the basic version.
5.3. Access to the Premium Version
When using the mobile Application, the conditions of subscription to the premium version depend on the mobile terminal used by the User. The User should refer to the relevant Platform Terms that can be accessed on the “Apple Store” and “Google Play Store” platforms.
Users of Orthodose® Pro shall be entitled to a 7-day free trial. During this time, users can explore and experience the features and functionalities of the Pro Version without incurring any charges.
The User has the option to cancel at any time during the free trial or the paid period. The paid period for the Orthodose® Pro Version begins on the first day following the conclusion of the 7-day free trial. Subscribers will be billed accordingly, and access to the premium features will continue seamlessly.
Following the expiration of the free trial, the Pro Version operates on a recurring billing cycle. Users will be charged at regular intervals, corresponding to the chosen subscription plan, until a cancellation request is initiated.
5.4. Subscription Duration and Auto-Renewal
The Application is licensed, not sold, to users. Provision of the license is subject to the User’s acceptance of these T & Cs and other relevant documents provided by MedLight, and User must confirm they are a healthcare professional.
The subscription to Orthodose® Pro is valid for one person identified by a single email or their Apple or Google sign-in account. The personal license can be used on up to 3 personal devices (smartphones or tablets). The subscription is valid for one year from the date of purchase and shall be renewed for subsequent one-year terms automatically upon expiry of the initial term. Automatic renewal shall take place unless the User decides to cancel the subscription through the Apple/Android store before the renewal date.
Subscriptions purchased through either the mobile or the web Applications grant the User the possibility to access the Application through all platforms, irrespective of whether the User is accessing the Services through the web app, the Apple app, or the Android app.
5.5. VPP Terms & Subscriptions
The pricing for the VPP or individual licenses purchased through our Web App may vary (marginally) from the pricing observed on iOS and Apple Store payments, but such discrepancies shall be minor.
The person in charge of purchasing for your company or association can request a quote on the Orthodose® website. A customized quotation will be sent in response, accompanied by these T & Cs. Payment must be completed via bank transfer to MedLight. On receipt of the amount due, an invoice will be sent electronically to the e-mail address used for the request. The individual making the payment can either appoint him-/herself as VPP Operator, or appoint a third party as such.
There is no minimum number of purchases required through the VPP.
For VPP Subscriptions, it is permissible to modify the email associated with the user identification for the purpose of attributing the active license to another individual, as selected by the original VPP Operator.
Prior to the anniversary of the VPP Operator entering into an Agreement with MedLight, MedLight shall send the VPP Operator a new invoice for the subsequent year. Payment of the new invoice shall be required to renew the Agreement with another year.
If the license operator purchases additional subscriptions between two billing cycles, an intermediate billing will occur. The amount will be calculated on a pro-rata basis for the remaining days until the next annual payment.
The VPP Operator holds the authority to both request a quote for additional licenses and/or remove existing licenses from the VPP system. Upon the acquisition of a new license, the said license shall promptly appear in the license administration panel for the license operator’s oversight. Conversely, when a license is deleted by the license operator, it shall be promptly removed from the license administration panel.
The VPP Operator can cancel the email linked to a license, but shall not be able to cancel the license itself. The license shall continue to exist and may be paired with another email account until the license expires.
VPP Operators shall be entitled to modify emails associated with individual end-user licenses.
If a User loses access to their professional email account linked to their license on the Application, the User shall lose access to the User Account.
The VPP Operator possesses full control over the acquisition of licenses on the Application and the ability to terminate such licenses. The VPP Operator shall not be entitled to delete the data and/or the User Account of an end-User. The sole authority to delete a User Account and associated data rests with the end-User.
If the VPP Operator intends to reassign an Orthodose® Pro license to a User who previously deleted their User Account, the VPP Operator must first delete the license on the VPP panel and subsequently create a new one.
5.6. Subscription Cancellation and Restoration
Users who wish to stop the subscription to Orthodose® Pro can do so at any time through via the platform through which they had originally entered into the subscription. Once the subscription is canceled, the User will retain access to the premium version until the expiry of the current subscription period for which they have already paid.
If a User decides to re-subscribe to Orthodose® Pro after canceling or logging out, they can restore their previous purchase by logging in and entering their email or Apple/Android sign-in, depending on the operating system and smartphone used.
Upon cancellation of a premium version, the User shall retain access to the basic (free) version of the Application.
5.7. Cancellation of VPP Program
An expiration date will be visibly displayed on all licenses. All licenses will maintain an active status until the conclusion of the ongoing billing cycle. The VPP Operator cannot cancel active licenses prior to their expiry. Unless the VPP Operator requests a new invoice and/or the renewal of the license(s), the licenses shall expire upon the expiration date shown.
5.8. Deleting an associated user from a license
The VPP Operator holds the authority to remove existing licenses from the VPP system. When a license is deleted by the VPP Operator, the email attached to the license for authorization shall be promptly removed from the license administration panel.
When a VPP Operator terminates a license for Orthodose® Pro, the end-User shall retain access to the free version of the Application, or the User may opt for self-paid access to the pro version.
5.9. User Account Deletion
Users have the option to delete their entire User Account within the Application by following the account deletion instructions or by submitting a deletion request through the specified procedure outlined herein.
Upon deletion of a User Account, Medlight shall not retain any of the User’s personal information.
User Account and data deletions are irreversible, resulting in the permanent loss of access to the application, unless a subsequent account is created. If there are any pending financial transactions, the User shall remain liable for payment thereof, even if access to the Application has ceased.
The data deletion process includes multiple confirmation steps to prevent accidental deletion. Medlight shall not be responsible and/or liable if the deletion process is initiation through the User Account by an unauthorised individual, as the User is responsible for maintaining privacy.
In the event of accidental deletion, the User may attempt to recover their account within 6 days of deletion by contacting Medlight citing a recovery request. Medlight does not guarantee the successful recovery of deleted accounts. Recovery will be impossible after 7 days of the deletion.
Users accessing the Application through a VPP service must inform their VPP Operator prior to initiating data deletion. Medlight shall not be responsible or liable for charges incurred by the VPP Operator due to a User prematurely deleting a User Account part of a VPP.
5.10. VPP Account Deletion
To delete a VPP User Account, the VPP Operator representing their company and/or association in the Application must adhere to the written procedure outlined in the Data Deletion Policy.
The VPP Operator is advised to review and download any necessary information and invoices of their choice before initiating the deletion procedure. After the deletion process, access to such information may not be possible.
It is important to note that the complete destruction of the VPP account may take up to 15 days to be guaranteed. During this period, users should be aware that certain data may still be retained, and complete removal will only be finalized within the specified timeframe.
5.11. Modification of Premium Version Features
MedLight reserves the right to modify the features and functionalities offered in the premium version of the Application, Orthodose® Pro. Such modifications may include adding or removing modules, content, or services. Users will be notified of any substantial changes to the premium version in advance. However, MedLight shall not incur any liability for such modifications.
5.12. Web App and VPP Payment Processing
Payments for non VPP subscriptions entered into through the Web App will be processed using the Stripe payment gateway. VPP payments are processed using invoices that are provided directly to the VPP Operator by MedLight. Users are required to provide accurate and up-to-date payment information to complete transactions via the Web App.
Orthodose® does not store or have access to the User’s payment details. App payment information is securely handled by Stripe in accordance with their privacy and security policies.
Users agree to comply with the terms and conditions of Stripe when making payments through the Web App.
Orthodose® reserves the right to update or change the payment processing provider, with notice provided to the User.
5.13. Coupon Usage
MedLight may periodically provide coupons, primarily intended for purchases made through the VPP and the web app. The availability and terms of these coupons are at the sole and absolute discretion of MedLight.
6. ACCESS TO THE APPLICATION
When the User first installs the App, the User will need to register and create a User Account. In VPP, the identification mail is set by the VPP Operator and not the end-User. The User must provide accurate, current, and complete information in order to set up the User Account. If any information provided during the registration process or thereafter is or becomes inaccurate, false, or misleading, MedLight has the right to suspend or terminate the User Account. The User is under an obligation to inform MedLight of any fact and/or circumstances that may be relevant in connection with MedLight’s execution of the Services.
The User must maintain the confidentiality of the passwords and account information and agrees to notify MedLight if it suspects a password is lost, stolen, or disclosed to an unauthorized third-party. MedLight has the right to disable any User’s password, at any time, if in MedLight’s reasonable opinion the User has failed to comply with any of the provisions of these T & C s.
MedLight reserves the right, at its sole and absolute discretion, at any time and without prior notice, to:
MedLight reserves the right to deny access to the Application to anyone or to any given geographic area, for any reason, and at any time.
In the event that there has been no activity on an Account for a period of 5 years, Medlight reserves the right to delete the Account and/or any corresponding data, without notice being required to the User.
The User must maintain the confidentiality of the passwords and account information and agrees to notify MedLight if it suspects a password is lost, stolen, or disclosed to an unauthorized third-party. MedLight has the right to disable any User’s password, at any time, if in MedLight’s reasonable opinion the User has failed to comply with any of the provisions of these T & C s.
MedLight reserves the right, at its sole and absolute discretion, at any time and without prior notice, to:
- Suspend, interrupt, or limit access to all or part of the Application.
- Reserve access to the Application, or to certain parts of the Application, for specific categories of Users.
- Suspend the Application to perform updates.
- Update the Content.
- Delete all or part of the Content.
- Restrict use of the Application to certain jurisdictions.
MedLight reserves the right to deny access to the Application to anyone or to any given geographic area, for any reason, and at any time.
In the event that there has been no activity on an Account for a period of 5 years, Medlight reserves the right to delete the Account and/or any corresponding data, without notice being required to the User.
7. USE OF THE APPLICATION
7.1. Mobile Data
The User acknowledges that they may be charged by their electronic device provider while using certain features of the Application when not connected to a free internet source. If the User is not the bill payer for the device on which the Application is installed, MedLight assumes that the User received permission from the bill payer to use the Application.
7.2. Appropriateness
The Application and Services have not been developed to meet the User’s individual requirements. Please check that the facilities and functions of the Application and Services meet the User’s requirements.
7.3. Acceptable Use
The User hereby agrees not to use the Application in any way that:
- could be harmful or dangerous to any of the User’s patients and/or clients;
- is unlawful, illegal, fraudulent, or unauthorized;
- is defamatory of any person;
- is obscene or offensive;
- promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- impersonates any other person;
- could be harmful to minors in any manner;
- infringes any copyright, database right, or trademark of MedLight or any other person;
- is likely to harass, intimidate, insult, inconvenience, or annoy any other person;
- is for any purpose other than for which the Application is intended;
- is likely to disrupt the Application and/or Services in any way; or advocates, promotes, or assists any unlawful act.
The User must not misuse the Application by knowingly introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful. The User must also not attempt to gain unauthorized access to our Application, the service on which the Application is stored or any server, computer, or database connected to the Application.
The User shall not conduct, facilitate, authorize, or permit any text or data mining or web scraping in relation to the Application. This includes using (or permitting, authorizing, or attempting the use of): (a) any root, bot, spider, scraper, or other automated device, program, tool, algorithm, code, process, or methodology to access, obtain, copy, monitor, or republish any portion of the Application or any data, content, information, or services accessed via the same; or (b) any automated analytical technique aimed at analyzing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
The provisions in this clause should be treated as an express reservation of MedLight’s rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790). This clause shall not apply insofar as (but only to the extent that) MedLight is unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable.
8. SOURCE OF MEDICAL DATA
The data used for the development of Orthodose® refer to the international scientific literature available in February 2024. A non-exhaustive list of the scientific literature used for the development of Orthodose® is available in the “medical literature” tab or on request. The medical literature is a constantly evolving source of information, and updates are performed regularly without a guarantee of completeness. The Application cannot be used as the User’s sole source of information. MedLight informs the User that, given the nature of the information contained in the Application and the different sources used, omissions or erroneous information may exist. In such cases, Orthodose® cannot be held liable.
9. LIABILITY
9.1. Access to the Application
Despite all his efforts to offer the quality app, MedLight makes no warranty as to the performance of the Application and the availability of the Services. MedLight cannot be held liable for any failure, breakdown, difficulty, or interruption of operation, preventing access to the Application or any of its features.
The quality of service may be interrupted by a number of factors, such as poor network connection, other interference or maintenance. If a disruption in the Services occurs due to repairs, updates, or other reasons beyond MedLight’s control (force majeure), MedLight is not liable for any damages resulting from such interruptions, disturbances, or disruptions.
MedLight does not guarantee that the Application will be secure or free from bugs or viruses. The User is responsible for configuring its information technology, computer programs and platform to access the Application. The User should use their own virus protection software.
MedLight reserves the right to modify or terminate the Services or the User’s access to the Application, for any reason, at any time, without prior notice, and without incurring any liability whatsoever. Any such termination shall affect the User’s access to the Services across the mobile app and the web app.
The equipment used by the User to connect to the Application is under their sole responsibility. The User must take all appropriate measures to protect their equipment and their own data.
The User acknowledges that they are aware of and accept the characteristics and limitations of the Internet network, including but not limited to:
- Problems related to connection and/or access to the Internet and/or websites.
- Problems related to network availability and congestion.
- Problems related to network failure and saturation.
- Problems related to transit time, access to information posted online, response times to display, consult, interrogate or otherwise transfer data.
- The risks of interruption.
- The absence of protection of certain data against potential misappropriation or piracy.
- The risks of infection by potential viruses circulating on said networks, etc.
For the above-mentioned aspects, MedLight cannot be held liable.
MedLight cannot be held liable for any direct or indirect damage that could result from accessing the Application, its use, or accessing third-party sites to which it refers through hypertext links.
In particular, MedLight cannot be held liable for:
- Inaccessibility, loss of data, deterioration, destruction, or viruses that could affect the User’s computer equipment and/or the presence of viruses on the application or third-party sites to which the Application refers through hypertext links.
- The content of third-party sites or the content to which third-party sites may refer, over which MedLight has no control whatsoever.
To the maximum extent permitted by applicable law, unless MedLight acted with wilful intent, MedLight cannot be held liable for any direct or indirect damage or harm of any nature whatsoever suffered by the User or by a third party due to:
- Use of the Application and its Services.
- The Content and/or use of sites linked to the Application or to which Users could have access through the said application.
- Non-compliance by the User with these terms and conditions.
If MedLight were to be the subject of an amicable or legal procedure due to the use of the Application by the User, MedLight reserves the right to take action against the User to obtain compensation for all damages, sums, convictions, and costs that could result from this procedure.
The User agrees to indemnify, defend, and hold MedLight harmless from and against any claims, actions, demands, liabilities, damages, losses, costs, and expenses (including legal fees) arising out of or related to their use of the Application, violation of these T & Cs, or infringement of any third-party rights.
If the provision of the Services or the Application is delayed by an event outside our control, then MedLight will contact the User as soon as possible to inform them about this. MedLight will however not be liable for delays or damage caused by such an event.
9.2. Liability for Medical Use
Orthodose® is exclusively reserved for medical use. MedLight cannot be held liable for any use made by an unqualified person of the data obtained from the Application.
The Orthodose® Application is supervised by a medical physician; however, despite all their efforts, no guarantee is given as to the accuracy, precision, or completeness of the information and the Content made available. Therefore, the use of Orthodose® does not exempt the User from verifying the information available using other medical sources.
MedLight cannot be held liable for any misuse or entry of erroneous data. MedLight declines any responsibility with regard to the information offered on its Application, particularly in the event that these data, provided solely for information purposes, may have been used without discrimination in violation of the rules of use specified in Article 4.1 of the T & Cs.
The User is solely and entirely responsible for prescription and monitoring of prescriptions. It is up to them to adapt these to each of their patients since the Orthodose® Application does not in any way take into account personal and specific patient data.
The information provided by Orthodose® never replaces the clinical judgment of the practitioner. MedLight can in no way be held liable for an inappropriate use of data that contravenes the rules specified in Article 4.1 of the T & Cs.
9.3. Connection Fees
The Application is available for download free of charge in its basic version, excluding the subscription costs of the mobile telephone operator, excluding Internet connection and access costs, and excluding any additional costs invoiced for loading data and any other use of the Application.
The User will bear all potential costs related to the use of the Application.
10. INTELLECTUAL PROPERTY
10.1. Intellectual Property Rights
The Orthodose® brand, the entire Application and all its components (including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software) are the intellectual property of MedLight or its licensors and are protected by intellectual property laws. Such intellectual property may not be copied, imitated or used, in whole or in part, without the prior written permission of MedLight.
MedLight is the exclusive owner of all intellectual property rights relating to the Application and its Content, the User acquires no intellectual property rights in the Application, the Content, and/or the Services.
In this context, it is strictly forbidden for any User and for any third party to copy, rearrange, redistribute, modify, use, or publicize, directly or indirectly, free of charge or for a fee, all or part of the Content of the Application, in particular by reproducing it, by representing it, by adapting it, and this, by any means or medium, known or unknown at the date hereof, on any format, and by any currently known or future technical processes. Any commercial use of the Application is restriction unless the User obtains a license from MedLight to the contrary.
10.2. User’s License to Use
MedLight hereby grants the User a non-exclusive, non-transferable, revocable license to use the Application in accordance with these T & Cs. All other rights are reserved by MedLight.
The User hereby agrees that they will:
- not rent, lease, sub-license, loan, provide, assign, or otherwise make available the Application or the Services in any form, in whole or in part to any person without prior written consent from MedLight;
- not copy the Application except as part of the normal use of the Application or where it is necessary for the purpose of back-up or operational security;
- not translate, merge, adapt, vary, alter, or modify, the whole or ant part of the Application nor permit the Application to be combined with, or become incorporated in, any other programs, except as necessary to use the Application as permitted in these T & Cs; and
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Application, nor attempt to do any such things;
- not set up systems to hack the Application and/or the Content in whole or in part, or which are likely to violate these T & Cs, nor to use software or devices liable to disrupt the proper operation of the Application, nor to take any action likely to impose a disproportionate load on MedLight’s infrastructure.
None of the provisions of the T & Cs may be interpreted as a full or partial assignment, transfer, sale, concession, license, loan, lease, or operating authorization granted directly or indirectly by MedLight for the benefit of the User on the Application its Content, and/or the Services.
The User agrees to inform MedLight as soon as they become aware of an act of piracy and in particular of any illegal or non-contractual use of the Application and/or the Content regardless of the mode of distribution.
The User expressly undertakes to download the Application onto their equipment exclusively for personal and non-commercial use and so that use of the Application does not in any way infringe the rights of MedLight, and in particular that this use does not constitute an act of counterfeiting of, or of unfair or parasitic competition with, the Content.
It is formally prohibited to design a product similar to the Application or to create a derivative thereof, and more broadly to be guilty of parasitism, acts of imitation, denigration, or any other act constituting unfair competition.
If necessary, MedLight reserves the right to summon the User to obtain full compensation for the damage caused to the company by the User.
10.3. User Content
When the User uploads or posts any User Content to the Application, the User grants MedLight the following right to use the User Content: a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works from, display, and perform that user-generated content in connection with the Services provided.
11. PERSONAL DATA AND PRIVACY
MedLight respects the privacy of its Users and complies with the GDPR (General Data Protection Regulation) and RGPD (Règlement Général sur la Protection des Données) European laws. The collection, processing, and use of personal data are subject to the Privacy Policy, which is an integral part of these T & Cs. By using the Application, Users consent to the collection and processing of their personal data as described in the Privacy Policy. MedLight may however use aggregated data gathered from the Website and/or Application for analysis if it uses the data in anonymized form.
12. UNINSTALLATION OF THE APPLICATION BY THE USER
The User can uninstall the Application from their mobile at any time without notice. Consequently, the User will no longer be able to access the Application unless they download it again. To access an already paid pro version, the user will need to reconnect using email or Google or Android sign-in account.
The User will remain bound by the obligations defined by these T & Cs after uninstalling the application.
The uninstallation of the Application by the User has no effect on the legal obligation to retain data.
The User will remain bound by the obligations defined by these T & Cs after uninstalling the application.
The uninstallation of the Application by the User has no effect on the legal obligation to retain data.
13. DELETION OF USER ACCOUNT
In order to give end-user total control over their User Account and corresponding data, Orthodose® allows the User to delete the User Account at any moment.
Once the User Account is deleted, the end user will no longer be able to use it.
Once the User Account is deleted, the end user will no longer be able to use it.
14. MODIFICATION OF THE T & Cs
MedLight may need to change these T & Cs to reflect changes in law or best practice, or to deal with additional features which we introduce. MedLight will give the User at least 30 days’ notice of any change via push notification, email, or otherwise, or by notifying the User of a change when the User next starts the Application. If the User does not accept the notified changes the User will not be permitted to continue to use the Application and the Services.
15. TRANSLATION
These T & Cs are available in English and French. In case of inconsistencies between the two versions, the English version shall be the authoritative version.
16. TERMINATION
MedLight reserves the right to terminate the User’s access to the Application at any time and for any reason, without prior notice or liability.
17. MISCELLANEOUS
In the event that one or more of the provisions in these T & Cs are found to be wholly or partially invalid, the remaining provisions will remain in force. MedLight will formulate new provisions to replace the invalid provisions, whereby the scope of the original provisions will be carefully considered.
MedLight may assign and/or otherwise transfer its rights and obligations under these T & Cs. MedLight will always tell the User in writing if this happens and will ensure that the transfer will not affect the User’s rights under the contract. The User may only transfer their rights or their obligations under these terms to another person if MedLight agrees in writing.
Except as supplemented by additional terms and conditions, policies, guidelines or standards, these T & Cs contain the entire legal understanding between MedLight and the User and supersedes any and all prior or written understandings or agreements in relation to the User’s access to and use of the Services.
MedLight may assign and/or otherwise transfer its rights and obligations under these T & Cs. MedLight will always tell the User in writing if this happens and will ensure that the transfer will not affect the User’s rights under the contract. The User may only transfer their rights or their obligations under these terms to another person if MedLight agrees in writing.
Except as supplemented by additional terms and conditions, policies, guidelines or standards, these T & Cs contain the entire legal understanding between MedLight and the User and supersedes any and all prior or written understandings or agreements in relation to the User’s access to and use of the Services.
18. GOVERNING LAW AND JURISDICTION
These T & Cs shall be governed by and construed in accordance with the laws of Belgium. Legal action must be preceded by an attempt at conciliation or mediation. Any dispute or claim relating to the execution or interpretation of these T & Cs, which cannot be settled amicably between the parties, will be submitted to the French Speaker Court of First Instance of the Brussels district.
19. CONTACT
For any questions, feedback, or concerns regarding these T & Cs or the Application, Users may contact MedLight at:
MedLight, SRL Rue Franciscus Vandevelde 20, 1160 Auderghem, Belgium Email: support@orthodose.com
By downloading and using the Orthodose® Application, Users agree to be bound by these T & Cs. If you do not agree with any part of these T & Cs, you must refrain from using the Application.
MedLight, SRL Rue Franciscus Vandevelde 20, 1160 Auderghem, Belgium Email: support@orthodose.com
By downloading and using the Orthodose® Application, Users agree to be bound by these T & Cs. If you do not agree with any part of these T & Cs, you must refrain from using the Application.