Terms of Use

These terms were last updated on 29 December 2023

These are the terms of use ("Terms of Use", "Terms") of Patient App B.V. (hereinafter referred to as "Caro", "we", "us" or "our"), a company based at H.J.E. Wenckebachweg 123, 1096 AM Amsterdam. Patient App B.V. is registered with the Chamber of Commerce under number 71943765. By using Caro's services (hereinafter collectively referred to as the "Service"), you agree to these Terms of Use. The Terms apply to patients, their caregivers, and any other user of the Service ("User"). The Terms relate to your rights and obligations. If you do not wish to be bound by the Terms of Use, you may not use or visit the Service. Please read the Terms carefully.

Information about Caro

The Caro app is a digital assistant for patients, informing and guiding them during treatment. With Caro, healthcare professionals can create and manage treatment-related content, distribute this content among patients, and track how patients engage with this content.

Notice to Patients

The Caro app provides general information and is intended to supplement the information from your specialist or healthcare provider. The Caro app is therefore merely an additional source of information and not a source of actual medical advice, unless explicitly stated otherwise. Your doctor may choose a different approach that better suits your needs—in all cases, you must follow their guidance and consult them for medical advice.

Basic Conditions

Upon termination of the use of the Service, all licenses and other rights granted to you under these Terms of Use will immediately cease.

Caro reserves the right to deny access to the Service to any person at any time and for any reason.

Caro as Processor

Caro acts on behalf of the healthcare provider in executing the Service and is therefore a processor within the meaning of the General Data Protection Regulation ("GDPR"). Caro acknowledges that it processes sensitive data regarding patients' health and does so with utmost care. This processing only occurs with the explicit consent of the patient. By agreeing to these Terms, you acknowledge that Caro may process all data it receives from patients and/or healthcare providers.

Caro may also anonymise personal data—rendering the data no longer traceable to an individual user—after which the data is owned by Caro.

Our Privacy Statement also applies to these Terms of Use. There, you can read more about our processing activities and the rights that users have in this regard.

Content Provided by the User

The user is responsible for their own content and that of third parties that they share through the Caro app, which they upload and post on or through the Caro app, or that they transfer in any other way. The user confirms that they possess all necessary permissions and licenses from third parties from whom they share data and/or content with Caro and indemnifies Caro against any liability or claim arising from the unlawful distribution of third-party content or the unlawful use of the Service.

Caro does not manage the content provided by Users or third parties but acts when complaints from Users or third parties are received or when requests are made by a government body regarding content deemed offensive or unlawful.

The User grants Caro a license to use the information provided by the User to the extent necessary for the operation and maintenance of the Service.

Intellectual Property Rights

Caro hereby grants you a non-transferable license to use the Service.

The Service contains content that is owned by or licensed to Caro ("Caro Content"). Caro Content is protected by intellectual property rights, such as copyright and trademark rights. Caro has and retains all rights regarding the Caro Content. It is not permitted to remove, alter, or obscure copyright, trademark, or other intellectual property rights in or related to the Caro Content. Likewise, it is not permitted to reproduce, modify, adapt, perform, display, publish, distribute, transmit, sell, license, or otherwise publicly disclose, exploit or create derivative works from the content without prior written permission from Caro.

The name and logo of Caro are trademarks of Caro and may not be copied, imitated, or used in whole or in part without the prior written permission of Caro.

Third Parties

Caro does not review the content or links provided by third parties before publishing them on the Service. Caro is not responsible for the content provided by third parties or for its availability.

The user may use services or content from third parties included in the Caro app, but they must be aware of and agree to the terms of these third parties. Caro shall not be liable in any event in connection with the proper functioning or availability, or both, of third-party services.

Prohibited Use

You may not use the Service for illegal or unauthorised purposes. You agree to comply with all laws, rules, and regulations applicable to your use of the Service, including but not limited to copyright law.

You may not block or disrupt the Service or the servers and/or networks connected to the Service, for example by sending worms, viruses, spyware, malware, or other destructive or disruptive code. You may not inject content or code or otherwise alter or interfere with the way a Caro page is displayed in a user's or device's browser.

You may not modify or adapt another website to imply affiliation with the Service or Caro.

Caro prohibits "crawling", "scraping", "caching" or accessing the Service via automated means (except as a result of search engine protocols or technologies used by a search engine with Caro’s express permission).

You may not modify the source code of the Service, create derivative works based on it, decompile it or otherwise obtain it, except when expressly permitted under an open source license or where we have given you express written permission. Any attempt to do so is a violation of Caro's rights.

The user may not reproduce, duplicate, copy, sell, resell, make publicly available, or exploit any part of the Caro app and the Service without the prior express written permission of Caro.

Indemnification

The User agrees to indemnify and hold harmless Caro and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, and employees (hereinafter referred to as "Caro Parties") from and against any claim or demand, including but not limited to reasonable attorneys' fees and costs, made by a third party due to or arising out of the User's content, use of or connection with the Service, violation of these Terms, or violation of third-party rights.

Disclaimer of Warranties

The Service, including Caro Content, is provided on an "as is", "as available" and "with all faults" basis. To the extent permitted by law, the Caro Parties make no representations or warranties of any kind, express or implied, regarding: (a) the Service; (b) the Caro Content; (c) the User Content; or (d) the security associated with the transfer of information to Caro or via the Service. Furthermore, the Caro Parties hereby disclaim all express and implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, ownership, custom, and trade.

The Caro Parties do not guarantee that the Service will function without errors or interruptions, that defects will be corrected, or that the Service or the server providing the Service is free of harmful components, including but not limited to viruses. The Caro Parties do not represent or warrant that the information (including instructions) on the Service is accurate, complete, or useful.

You acknowledge that your use of the Service is entirely at your own risk. The Caro Parties do not warrant that your use of the Service is permitted by law in any particular jurisdiction and expressly disclaim such warranties. In some jurisdictions, the exclusion of implied or other warranties is limited or not permitted: this means that the above disclaimer may not apply to you and the Terms of Use may be different in your jurisdiction.

Although it is the intent of Caro that the Service be available as much as possible, there may be times when the Service may be interrupted due to maintenance, upgrades, emergency repairs, or faulty telecommunications connections and/or equipment.

By using the Service, you represent and warrant that your activities are permitted by law in any jurisdiction in which you use the Service.

Limitation of Liability

To the extent not prohibited by law and there is no gross negligence, the Caro Parties shall not be liable for any loss or damage of any kind (including but not limited to direct, indirect, economic, exemplary, special, punitive, incidental, consequential, or direct or indirect damages in connection with the Caro Party). This particularly relates to the Service, the Caro Content, the User Content, your use of, your inability to use the Service, or the execution of the Service, any measures taken in connection with an investigation by Caro Parties or government agencies regarding your use or use of third parties of the Service, any measures taken in connection with use or use of third parties, any measures taken in connection with copyright or other owners of intellectual property rights, any errors or omissions in the functioning of the Service, any damage to the user's computer, mobile device or other equipment, including damage resulting from a security breach or from viruses, programming errors, sabotage, fraud, mistakes, negligence, interruptions, defects, delays in operation or transmission, computer or network failures or any other (technical) malfunction, including but not limited to loss of profits, loss of goodwill, loss of data, work stoppages, inaccuracies of results, or computer failures, even if foreseeable or even if the Caro Parties were aware or should have been aware of the possibility of such damage, regardless of whether caused by a breach of contract or negligence.

In no event shall the Caro Parties be liable for loss, damage or injury to you or anyone else, including but not limited to death or personal injury. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall the total liability for all damages, losses or causes exceed the sum of €100.

You agree that in the event you suffer damage or loss or sustain injury as a result of the acts or omissions of Caro, the damage is not irreparable and is not sufficient to entitle you to any legal injunction to prohibit the operation of a website, Service property, product, or other content owned or controlled by the Caro Parties, and you do not have the right to develop, produce, distribute, advertise, display or exploit a website with a view to an injunction barring or withholding the product, Service, or other content owned or controlled by the Caro Parties.

You agree that any claim you have arising from your relationship with Caro must be filed within one year after the claim arises. Otherwise, your claim is barred.

No Waiver

Waiver of rights by you or Caro can only be made by means of a written notice. If you or Caro do not exercise or suspend their rights under these Terms of Use, this cannot be regarded as a waiver of that right or any other right under these Terms of Use.

Geographic Restrictions

The information provided within the Service is not intended for distribution to or use by natural or legal persons in jurisdictions or countries where such distribution or use would be in violation of law or regulation or where Caro is required to register in the relevant jurisdiction or country. We reserve the right to limit the availability of the Service or any part of the Service at any time and at our discretion to persons, geographic areas, or jurisdictions, as well as the offering of programs, products, or content, services, or features that Caro provides.

Changes to these Terms of Use

Caro reserves the right to unilaterally amend these Terms of Use at any time and notify Users thereof by means of a notice within the Caro app.

Users who continue to use the Service after the publication of the changes accept the new Terms of Use in their entirety.

Applicable Law and Forum Selection

These general Terms of Use and all non-contractual rights and obligations derived therefrom are governed in all respects by Dutch law.

All disputes between you and Caro that may arise in connection with the Terms of Use or agreements arising therefrom shall initially be settled by the competent court of the District Court in Amsterdam.

The application of the Vienna Sales Convention is explicitly excluded.

If any provision of these Terms of Use is found to be invalid or non-binding, you remain bound by the other provisions of these Terms of Use. Caro will replace the invalid or non-binding provision(s) with a provision that is binding and whose scope corresponds as closely as possible to that of the replaced provision(s), taking into account the purpose of these Terms of Use.

Contact

If you have questions regarding these Terms of Use, you can contact Caro by sending an email to info@caro.health.