If you have any questions about the Products (as defined hereinafter) or this Agreement, please contact us via email@example.com
PLEASE NOTE THAT YOU ARE NOT OBLIGED TO INSTALL THE APPLICATION AND YOUR REFUSAL TO INSTALL THE APPLICATION DOES NOT HAVE ANY IMPACT ON THE TREATMENT BY YOUR PHYSICIAN OR THE QUALITY OF SUCH TREATMENT.
FURTHERMORE, QOMPIUM WOULD LIKE TO DRAW YOUR ATTENTION TO THE FACT THAT YOUR PHYSICIAN DOES NOT ANALYZE OR PERFORM ANY CHECKS OF THE RESULTS IN REAL-TIME. ANYHOW, WE GUARANTEE THAT YOUR PHYSICIAN WILL BE NOTIFIED WITHIN 48 HOURS. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, PLEASE CONTACT YOUR PHYSICIAN OR THE EMERGENCY SERVICES IMMEDIATELY.
The Application is operated and managed by Qompium NV, registered with the Crossroads Bank of Enterprises under number 0559.981.592 and having its registered office at Kempische Steenweg 303/27, B-3500 Hasselt or by any of its affiliates (jointly "Qompium" or "we").
If you have any questions about the Products (as defined hereinafter) or this Agreement, please contact us via firstname.lastname@example.org
1.1. Qompium provides FibriCheck, a service that determines heart rhythm conditions, with a primarily focus on the detection of atrial fibrillation.
FibriCheck is available on prescription and in the framework of projects:
The Application is available to users in the European countries covered by CE regulation and other countries that also follow CE regulation.
1.2. FibriCheck consists of the FibriCheck Platform, the FibriCheck Mobile Application ` and the FibriCheck Dashboard (each as defined hereinafter and collectively the "Application"). The FibriCheck Platform is the engine of the Application and interacts with and transmits data between the (i) FibriCheck Mobile Application; (ii) the FibriCheck Dashboard and (iii) the Physician Dashboard. In addition, the FibriCheck Platform also analyses and stores data.
The recordings via the FibriCheck Mobile Application are performed by placing the finger of the User on the camera of the mobile device thereby detecting the pulse waveform using the optical light and detector of the mobile device.
The FibriCheck Dashboard is an online tool with the sole intention to display your data. Through the dashboard, your physician can automatically consult the Results (as defined hereinafter) from the FibriCheck Platform.
In the case of projects, the FibriCheck Monitoring Center can automatically consult all Results from the Fibricheck Platform. Please note that this automatic transfer is only possible after you have made the link between yourself and your Physician/the FibriCheck monitoring Centre through correctly scanning the QR code or access code with your mobile device. Correctly scanning the QR code with your mobile device is your sole responsibility. Please note that the automatic forwarding of the results does not imply that you are continuously monitored by your doctor or the FibriCheck Monitoring Center.
Please note: your Physician is responsible for the interpretation of the Results and the follow-up of your medical condition. At the express request of your Physician, Qompium shall be permitted to access and analyse Results. In the event of projects too, the FibriCheck Monitoring Centrum shall view the Results over a limited length of time, but will not intervene in the meantime.
Please note: the automatic possibility to consult the results via the dashboard, does not imply that you are continuously monitored by your Physician or the FibriCheck Monitoring Center.
"Account" means your registered account that you have created through the registration process from an official registration channel (e.g. FibriCheck Mobile Application, FibriCheck Dashboard);
"Physician" means the doctor (or other medical expert) from which you obtained the prescription/access code containing your personal QR code to make the automatic link with your Physician via the FibriCheck Mobile Application. Note that your doctor may also be the FibriCheck Monitoring Center (for example if you generated your prescription through the website);
"Physician Dashboard" means the web-based application that is accessible by your Physician to allow your Physician to review patient information about you, including but not limited to the Results. This application is also a connected with the FibriCheck Platform;
"Delivery Date" means the date on which you obtained an Account;
"Documentation" means the documents made available to the User by Qompium with regard to the use of the Application;
"Fees" means the amount to be paid by the User (if required) to either Qompium or the Physician for the use of the Application;
"FibriCheck Dashboard" means the dashboard made available to the Users, located at app.fibricheck.com;
"FibriCheck Monitoring Center" means the instance with which you are automatically linked for a limited period of time through the FibriCheck Mobile Application by scanning a generic QR code in the context a project;
"FibriCheck Monitoring Center" means the mobile application (i) which the User has to download on its mobile device and (ii) is intended to record, display, store and transmit photoplethysmograms (PPG data);
"FibriCheck Platform" means the platform on which the FibriCheck Mobile Application, the FibriCheck Dashboard and the Physician Dashboard are connected and collectively function. Depending on the user profile (User, Physician, ...) different application functionalities can be made available;
"Intellectual Property Rights" means any and all now known or hereafter existing (a) rights associated with works of authorship, including copyrights, mask work rights, and moral rights; (b) trademark or service mark rights; (c) trade secret rights, know-how; (d) patents, patent rights, and industrial property rights; (e) layout design rights, design rights, (f) trade and business names, domain names, database rights, rental rights and any other industrial or intellectual proprietary rights or similar right (whether registered or unregistered); (g) all registrations, applications for registration, renewals, extensions, divisions, improvements or reissues relating to any of these rights and the right to apply for, maintain and enforce any of the preceding items, in each case in any jurisdiction throughout the world;
"Products" means the Application, Website and Documentation;
"Project" means the offer of FibriCheck through a generic access code bound to a specific event, for example a screening action of X days funded by a third party like an employer, a project with insurance corporations, a collaboration with the media. During a project, the follow-up is done by the FibriCheck Monitoring Center. It could be that the user needs to pay to participate in the Project.
"Results" means the results of the analysis by the FibriCheck Platform of the photoplethysmograms recorded by the User through the FibriCheck Mobile Application;
"Term" means the period for which your Physician has advised/recommended you to use the Application or the limited period of a Project;
"Third Parties" means any natural or legal person or entity other than Qompium;
"Website" means the website available at www.fibricheck.com.
3.1. By using the Products, you accept the terms and conditions of the present Agreement. If you disagree with any particular provision in the present Agreement, you are not permitted to use the Products in any shape or form.
3.2. Where the Application of the Website draws on services from Third Parties, the terms and conditions of service delivery of the said Third Parties may apply. By using such services from a Third Party, you accept the applicable terms and conditions. Qompium declines all and any liability for the substance of the terms and conditions of the Third Parties.
Please note that our Products are not directed towards and may not be used by minors.
4.1. You are permitted to use our Application only if you have a valid prescription/access code from your Physician, and use our Application under the supervision of your Physician, or as part of a Project supervised by the FibriCheck Monitoring Center.
4.2. In order to use all functionalities of our Application, you will need Wi-Fi on your mobile device or mobile Internet connection. Access to Wi-Fi or a mobile Internet connection is your own responsibility. Please make sure your mobile device complies with the minimum system requirements as specified on the download page.
If your mobile device does not meet these minimum system requirements, we are unable to guarantee that the Application will work properly. Qompium declines all and any liability for loss or damage due to the fact that you failed to comply with the aforesaid requirements.
You are wholly responsible for all activities carried on by you under your individual account.
You accept to immediately notify Qompium of any unauthorised use of your account or of any other security breaches. Qompium declines all and any liability for loss or damage due to the fact that you failed to comply with the aforesaid requirements.
4.4. During the Term, Qompium may, in its sole discretion, provide you with updates. For the avoidance of doubt, Qompium is not obligated to provide any updates to the Application, Documentation or Website.
5.1 License by Qompium.During the Term and subject to the timely payment of the Fees (if applicable), Qompium grants you a non-exclusive, personal, restricted, non-sublicensable and non-transferable license to use the Application and/or the Documentation in accordance with this Agreement and the Documentation ("License"). You are not allowed to use the Application and/or the Documentation for any commercial purposes or to use the Application and/or Documentation, or a component of the foregoing in a manner not authorized by Qompium. You shall use the Application and/or the Documentation solely in full compliance with (i) this Agreement;(ii) any additional instructions or policies issued by Qompium, including, but not limited to, those posted within the FibriCheck Mobile Application or on the Website; (iii) any applicable legislation, rules or regulations and (iv) the Documentation.
5.2 Restrictions. You agree to use the Products only for their intended use as set forth in this Agreement. Within the limits of the applicable law, you are not permitted to (i) make the Application and/or Documentation available or to sell or rent the Application and/or Documentation to any third parties; (ii) adapt, alter, translate or modify in any manner the Application and/or Documentation; (iii) sublicense, lease, rent, loan, distribute, or otherwise transfer the Application and/or Documentation to any third party; (iv) decompile, reverse engineer, disassemble, or otherwise derive or determine or attempt to derive or determine the source code (or the underlying ideas, algorithms, structure or organization) of the Application and/or Documentation, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; (v) use or copy the Application and/or Documentation except as expressly allowed under this article 6; (vi) gain unauthorized access to accounts of other users or the IT equipment or structure of Qompium to provide the Products or use the Products to conduct or promote any illegal activities; (vi) use the Products to generate unsolicited email advertisements or spam; (vii) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (viii) use any high volume automatic, electronic or manual process to access, search or harvest information from the Products (including without limitation robots, spiders or scripts); (ix) alter, remove, or obscure any copyright notice, digital watermarks, proprietary legends or other notice included in the Products; (x) intentionally distribute any worms, Trojan horses, corrupted files, or other items of a destructive or deceptive nature or use the Products for any unlawful, invasive, infringing, defamatory or fraudulent purpose; or (x) remove or in any manner circumvent any technical or other protective measures in the Products.
Except as expressly set forth herein, no express or implied license or right of any kind is granted to you regarding the Products or any part thereof, including but not limited to any right to obtain possession of any source code, data or other technical material relating to the Application.
As between the User and Qompium, the Products and all worldwide Intellectual Property Rights pertaining thereto, are the exclusive property of Qompium and/or its licensors.
All rights in and to the Application and/or Documentation not expressly granted to the User in this Agreement are reserved by Qompium and its licensors. Except as expressly set forth herein, no express or implied license or right of any kind is granted to the User regarding the Application and/or Documentation or any part thereof, including any right to obtain possession of any source code, data or other technical material related to the Application.
7.2 Suspension for non payment. If you do not timely pay the Fees (if applicable), Qompium might automatically suspend your use of the Application. The duration of such suspension will continue until all breaches have been cured.
In case you need technical support, you can contact Qompium at email@example.com. Qompium makes all reasonable efforts to respond as quickly as possible to any inquiries of Users.
In consideration for the License (if applicable), the User agrees to pay to Qompium or its Physician the Fees in a timely manner, as instructed by Qompium. Before you pay any Fees, you will have the opportunity to review and accept the Fees that will be charged. All Fees are non-refundable, to the fullest extent permitted under applicable law.
If the User is instructed to pay the Fees directly to Qompium, the User shall be able to choose between the following payment options by Visa card and MasterCard :
Furthermore, the User has also the option to pay by BC/MC but in such event, due to legal constraints, the User shall be obliged to pay the Fees for the entire duration of the Term as a one-off payment.
If you pay any Fees with a credit card, Qompium may seek pre- authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
If Qompium would modify the applicable Fees, including by adding additional fees or charges, Qompium will notify you thereof prior to the entry into force of such modified Fees. If you do not accept the modified Fees, Qompium may discontinue your access to the Application. Qompium shall not modify the applicable Fees during the Term.
11.1 To the maximum extent permitted under applicable law, Qompium's liability arising out of or in connection with the Products under this Agreement whether in contract, warranty, tort or otherwise, shall not exceed the amount paid out under Qompium's compulsory insurance policy at the date on which the applicable liability claim arises. Nothing in this Agreement shall limit or exclude Qompium's liability for (i) gross negligence; (ii) willful misconduct, (iii) fraud or personal injury.
11.2 To the extent legally permitted under applicable law, Qompium shall not be liable to the User or any third party, for any special, indirect, exemplary, punitive, incidental or consequential damages of any nature including, but not limited to damages or costs due to loss of profits, data, revenue, goodwill, production of use, procurement of substitute services, or property damage arising out of or in connection with the Products under this Agreement, including but not limited to any miscalculations, or the use, misuse, or inability to use the Products, regardless of the cause of action or the theory of liability, whether in tort, contract, or otherwise, even if Qompium have been notified of the likelihood of such damages. The limitation in this article 12.2 shall not apply to the obligations of Qompium under article 14 ("Indemnification").
11.3 You agree that Qompium can only be held liable as per the terms of this article 12 to the extent damages suffered by you are directly attributable to Qompium. For the avoidance of doubt, Qompium shall not be liable for any claims resulting from (i) your unauthorized use of the Application, (ii) your or any third party's modification of (any parts) of the Application, (iii) your failure to use the most recent version of the Application made available to you or your failure to integrate or install any corrections to the Application issued by Qompium, or (iv) your use of the Application in combination with any non-Qompium products or services. The exclusions and limitations of liability under this article shall operate to the benefit of Qompium affiliates and subcontractors under this Agreement to the same extent such provisions operate to the benefit of Qompium.
12.1 By Qompium. EXCEPT AS EXPRESSLY PROVIDED IN THIS ARTICLE 13 AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCTS AND THE RESULTS ARE PROVIDED "AS IS," AND QOMPIUM MAKES NO (AND HEREBY DISCLAIMS ALL) OTHER WARRANTIES, COVENANTS OR REPRESENTATIONS, OR CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, COURSE OF DEALING, TRADE USAGE OR PRACTICE, MERCHANTABILITY, SUITABILITY, AVAILABILITY, TITLE, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR USE OR PURPOSE, WITH RESPECT TO THE USE, MISUSE, OR INABILITY TO USE THE PRODUCTS, INCLUDING THE RESULTS, (IN WHOLE OR IN PART) OR ANY OTHER PRODUCTS OR SERVICES PROVIDED TO THE USER BY QOMPIUM. QOMPIUM DOES NOT WARRANT THAT (i) ALL ERRORS CAN BE CORRECTED, OR THAT ACCESS TO OR OPERATION OF THE PRODUCTS SHALL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, AND (iii) THE INFORMATION, INCLUDING BUT NOT LIMITED TO THE RESULTS, AVAILABLE ON OR TRANSMITTED BY THE APPLICATION IS TRUE, COMPLETE OR ACCURATE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT QOMPIUM CANNOT BE HELD LIABLE FOR ANY HEALTHCARE OR RELATED DECISIONS MADE BY YOU OR YOUR PHYSICIAN BASED UPON THE RESULTS TRANSMITTED OR DISPLAYED BY OR ON THE APPLICATION WHETHER SUCH DATA IS ACCURATE OR INACCURATE. YOU ACKNOWLEDGE AND AGREE THAT YOUR PHYSICIAN, AND NOT QOMPIUM, IS SOLELY RESPONSIBLE FOR THE INTERPRETATION OF THE RESULTS OR OTHER HEALTHCARE INFORMATION RELATED TO YOU. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PRODUCTS AND THE RESULTS IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS INHERENT TO TRANSMITTING INFORMATION OVER AND STORING INFORMATION ON THE INTERNET AND THAT QOMPIUM IS NOT RESPONSIBLE FOR ANY LOSSES OF YOUR DATA, INCLUDING BUT NOT LIMITED TO THE RESULTS AND ANY USER CONTENT, IN CONNECTION THEREWITH.
Qompium shall defend and indemnify you as specified herein against any founded and well-substantiated claims brought by third parties to the extent such claim is based on an infringement of the Intellectual Property Rights of such third party by the Application and/or Documentation and excluding any claims resulting from (i) your unauthorized use of the Products, (ii) your or any third party's modification of any of the Products, (iii) your failure to use the most recent version of the Application and/or Documentation made available to you, or your failure to install any corrections or updates to such Application and/or Documentation issued by Qompium, if Qompium indicated that such update or correction was required to prevent a potential infringement, or (iv) your use of the Application and/or Documentation in combination with any non-Qompium products or services.
Such indemnity obligation shall be conditional upon the following: (i) Qompium is given prompt written notice of any such claim; (ii) Qompium is granted sole control of the defense and settlement of such a claim; (iii) upon Qompium's request, the User fully cooperates with Qompium in the defense and settlement of such a claim, at Qompium's expense; and (iv) the User makes no admission as to Qompium's liability in respect of such a claim, nor does the User agree to any settlement in respect of such a claim without Qompium's prior written consent. Provided these conditions are met, Qompium shall indemnify the User for all damages and costs incurred by the User as a result of such a claim, as awarded by a competent court of final instance, or as agreed to by Qompium pursuant to a settlement agreement.
In the event the Application and/or Documentation, in Qompium's reasonable opinion, are likely to or become the subject of a third-party infringement claim (as per this clause 14.1), Qompium shall have the right, at its sole option and expense, to: (i) modify the ((allegedly) infringing part of the) Application and/or Documentation so that they become non- infringing while preserving equivalent functionality; (ii) obtain for the User a license to continue using the Application and/or Documentation in accordance with this Agreement; or (iii) terminate the Agreement and pay to the User an amount equal to a pro rata portion of the Fees for that portion of the Application which is the subject of such infringement.
The foregoing states the entire liability and obligation of Qompium and the sole remedy of the User with respect to any infringement or alleged infringement of any Intellectual Property Rights caused by the Application and/or Documentation or any part thereof.
12.2 By User.You represent and warrant to Qompium that (a) you have the authority to enter into this binding agreement personally and (b) that any User Content provided by you for the use of the Application is accurate and truthful and shall not (i) infringe any Intellectual Property Rights of third parties; (ii) misappropriate any trade secret; (iii) be deceptive, defamatory, obscene, pornographic or unlawful; (iv) contain any viruses, worms or other malicious computer programming codes intended to damage Qompium's system or data; or (v) otherwise violate the rights of a third party.
You agree and acknowledge that Qompium is not obligated to back up any User Content and/or Results. You agree that any use of the Application or Documentation contrary to or in violation of the representations and warranties of User in this article constitutes unauthorized and improper use of the Application and/or Documentation.
We reserve the right, at any time, stating reasons or otherwise:
Any such changes or amendments made shall take immediate effect as soon we make them available in the Application or as soon as we give notice thereof.
You accept that your continued use of the Products further to any such changes and/or amendments implies your acceptance thereof.
14.1 Qompium shall grant you a license on the Application and/or Documentation during the Term unless the Agreement is terminated in accordance with articles 15.2 or 15.3. During the Term, the User will be eligible to receive all major and minor updates and upgrades for the Application and/or Documentation. If you opted for monthly payments (see Article 10), the remaining Fees for the chosen Term are still owed.
For the avoidance of doubt, in the event the User terminates the Agreement by removing the Application from its mobile device before the expiration of the Term, the User is not entitled to a refund of any pre-paid Fees for the remaining period of the Term.
14.3 Effects of termination. Upon the termination of this Agreement for any reason whatsoever in accordance with the provisions of this Agreement, at the moment of effective termination: (i) you will no longer be authorized to access or use the Application or otherwise use any of the features or Results offered by or through the Application; (ii) Qompium may delete data associated with your account, including but not limited to User content or the Results, on the Application and (iii) all rights and obligations of Qompium or User under this Agreement shall terminate, except those rights and obligations under those sections specifically designated in article 16.7.
15.1 Force Majeure. Qompium shall not be liable for any failure or delay in the performance of its obligations with regard to the Application if such delay or failure is due to causes beyond our control due including by not limited to acts of God, war, strikes or labor disputes, embargoes, government orders, telecommunications, network, computer, server or Internet downtime, unauthorized access to Qompium's information technology systems by third parties or any other cause beyond the reasonable control of Qompium (the "Force Majeure Event"). We shall notify you of the nature of such Force Majeure Event and the effect on our ability to perform our obligations under this Agreement and how we plan to mitigate the effect of such Force Majeure Event.
15.3 Severability. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will remain enforceable and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
15.4 Waiver. Any failure to enforce any provision of the Agreement shall not constitute a waiver thereof or of any other provision.
15.5 Assignment. You may not assign or transfer this Agreement or any rights or obligations to any third party. Qompium shall be free to (i) transfer or assign (part of) its obligations or rights under the Agreement to one of its affiliates and (ii) to subcontract performance or the support of the performance of this Agreement to its affiliates, to individual contractors and to third party service providers without prior notification to the User.
15.6 Notices. All notices from Qompium intended for receipt by you shall be deemed delivered and effective when sent to the email address provided by you on your account. If you change this email address, you must update your email address on your personal settings page.
15.7 Survival. Articles 7, 12, 13, 15, 16.8 shall survive any termination or expiration of this Agreement.
15.8 Governing law and jurisdiction. Without prejudice to any mandatory legislation, this Agreement shall be exclusively governed by and construed in accordance with the laws of Belgium, without giving effect to any of its conflict of law principles or rules. The courts and tribunals of Hasselt shall have sole jurisdiction should any dispute arise relating to this Agreement.