HealthTrain App Terms of Use

1. General and features

1. The HealthTrain App is offered to you by HealthTrain II B.V.

2. As a client, you can use the HealthTrain App to:

   • Follow your personal programme with your therapist;
   • Track your activities, progress, and goals;
   • Review exercise instructions and feedback from your therapist;
   • Review homework assignments;
   • Consult educational modules and FAQs;
   • Receive reminders for your personal programme;
   • Send and receive messages to and from your therapist;
   • Video call your therapist;
   • Link your Activity Tracker to the HealthTrain App.

3. As a therapist, you can use the HealthTrain App to:

   • Invite your clients to appointments;
   • Search for your clients in the client database you have entered;
   • View the client information and personal data you have entered;
   • Make programmes available to your clients;
   • Monitor how your clients are progressing with the programmes you have prescribed;
   • Send and receive messages from your clients.

4. HealthTrain II B.V. uses a crash feedback tool to diagnose any problems with the HealthTrain App. If it crashes, you will have the option to share certain information with HealthTrain II B.V. that we can use to fix the problem. If you give permission for this, HealthTrain II B.V. will collect the following data:

   • IP address;
   • Device type;
   • Operating system version;
   • HealthTrain App version.

   In addition, HealthTrain II B.V. uses log monitoring to detect error messages or problems. These logs are not used for other purposes. These logs are kept for a maximum of 7 days. The following data is stored in these logs:

   • User ID;
   • IP address;
   • Device type;
   • Operating system version;
   • HealthTrain App version.

5. HealthTrain II B.V. will make every effort to make and keep the HealthTrain App available to you. However, HealthTrain II B.V. cannot guarantee that the HealthTrain App will operate without interruption or error. You cannot derive any rights from the use of the HealthTrain App.

6. By completing the login process, you declare to be in agreement with these terms of use of HealthTrain II B.V.

2. Licence to users

1. HealthTrain II B.V. grants you a limited, personal, revocable, non-exclusive, and non-transferable right to use the HealthTrain App. You may only use the HealthTrain App on the devices associated with your account with the app provider(s) you use.
2. You are expressly prohibited from duplicating, distributing, copying and/or reverse engineering or decompiling the HealthTrain App or any files, software, data and/or materials derived from the HealthTrain App.
3. If you use the HealthTrain App as a therapist, then you or your employer are obliged to take appropriate technical and organisational measures to prevent unlawful use of the HealthTrain App and the information and personal data processed therein.
4. If you use the HealthTrain App as a therapist, you are responsible for complying with the applicable laws and regulations that may relate to the use of the HealthTrain App, such as the General Data Protection Regulation and the applicable local legislation such as the Bundesdatenschutzgesetz.

3. User accounts

1. Your account is personal and non-transferable. You are responsible for protecting your login information and correctly entering your personal data and/or your clients' personal data.

2. You must provide some personal data to create an account on the HealthTrain App. HealthTrain II B.V. processes this personal data only for the purpose of creating a personal account. More specifically, this includes the following personal data:

   • Your first and last name;
   • Your date of birth;
   • Your mobile number;
   • Your email address;
   • Your preferred language for the HealthTrain App.

   Note: this only applies to creating and maintaining a personal account for the HealthTrain App. If you are using the HealthTrain app as a client, your therapist is responsible for making your personal programme available, as well as homework assignments, exercise instructions, feedback, educational modules, and so on.

4. Intellectual property

1. You acknowledge that the HealthTrain App contains, among other things, source code, data, and files that are the property of HealthTrain II B.V., HealthTrain II B.V. affiliates, or third parties. These are protected by the applicable intellectual property rights, including copyright, trademark rights, and patent rights.
2. These Terms of Use and/or use of the HealthTrain App does not constitute any transfer or commitment to transfer intellectual property rights from HealthTrain II B.V., HealthTrain II B.V. affiliates, or third parties to you.
3. You shall not perform any acts that may infringe the intellectual property rights of HealthTrain II B.V., associated companies, or third parties.

5. Stopping service

1. HealthTrain II B.V. is entitled at any time, without giving reasons, to temporarily or permanently suspend and/or delete your account.

6. User obligation to notify

1. If you become aware of a flaw or any security vulnerability in the HealthTrain App, you are required to notify HealthTrain II B.V. immediately.

7. Termination and deletion

1. If at any time you no longer wish to use the HealthTrain App, you may request for your account to be deleted using the deletion feature in the HealthTrain App. HealthTrain II B.V. will then delete your account and the personal data necessary to maintain the account.

   Note: this does not automatically mean that the rest of your information and personal data will be deleted. Indeed, HealthTrain II B.V. has no independent authority to delete this. Only your therapist can delete the contents of your account, including your information and personal data. If you want your information and personal data to be deleted too, you must therefore send a deletion request to your therapist.

8. Links

1. The HealthTrain App contains links to third-party websites. HealthTrain II B.V. is in no way responsible and/or liable for the content and practices of these websites.

9. Liability and availability

1. HealthTrain II B.V. will in no way be liable for any direct or indirect damages you may suffer as a result of or in connection with the use of the HealthTrain App.
2. HealthTrain II B.V. will in no way be liable for any direct or indirect damages incurred or related to the use of your own hardware and/or software.
3. You are responsible for the proper use of the HealthTrain App. You are prohibited from making any changes to the software that impede the operation of the software and/or that may cause damage to HealthTrain II B.V. or HealthTrain II B.V. affiliates.
4. If HealthTrain II B.V. or companies affiliated to HealthTrain II B.V. suffer damages as a result of your actions or negligence, these damages will be recovered from you.

10. Other provisions

1. HealthTrain II B.V. has the right to modify these Terms of Use without notifying you in advance. In such a case, you must accept the new terms of use.
2. If any provision of these Terms of Use is found to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity and enforceability of the remaining provisions of these Terms of Use. If a provision is not valid or not enforceable, HealthTrain II B.V. will try to draft as soon as reasonably possible and fair a substitute provision which is valid and enforceable and which, insofar as possible, will have the same meaning and content as the provision it replaces.
3. These Terms of Use and all rights, obligations, agreements and/or disputes arising from them shall be interpreted in accordance with and governed by all aspects of Dutch law. This does not affect the protection you enjoy under any mandatory provisions of the law of the country where you have your usual residence.
4. Any claims, disputes, differences, or questions arising from these Terms of Use may be submitted for resolution to the district court of Midden-Nederland in Utrecht, The Netherlands, in addition to the competent courts under Regulation (EU) No 1215/2012 (EEX Regulation).