User terms for healthcare professional

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

Article 1. Definitions

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

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

Article 2. Applicability and amendment of the Terms of Use

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

Article 3. Realisation and duration of the Agreement

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

Article 4. Description of the Service

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

Article 5. Use of the Service

  1. The Healthcare Professional acknowledges that even though he uses the Service, he may not expect medical advice of any kind from the Service. Open HealthHub cannot be held liable for measures or decisions that are taken as a result of or in connection with the use of the Service and that could lead to liability for the Healthcare Professional.
  2. The Healthcare Professional guarantees to Open HealthHub that he is entitled to use the Service and will act in accordance with these Terms of Use and the Processing Agreements. The use of the Service and the Content is entirely at the expense and risk of the Healthcare Professional.
  3. By entering into the Agreement, the healthcare professional gains the right to use the Service. This user licence is valid for a maximum of 500 ‘active’ Patient Accounts per year. Should the Healthcare Professional wish to create more Patient Accounts, then he/she will need to enter into an additional Agreement with Open HealthHub.
  4. The Healthcare Profess