Terms of use

1. General

1. We may update these Terms from time to time and will notify you when we do. The amended Terms will apply immediately after we have informed you. If you do not agree with the amended Terms, you may terminate your account and stop using the App. This termination does not affect any agreements you may have entered into with us or with third parties within the App.

2. The Mantelzorger App

1. The App is a mobile application that allows users to coordinate and facilitate informal care. Specifically, the App provides functionality to create a private group of care recipients and informal caregivers, within which users can track the care recipient’s health status, planned and provided care, and administered medication.
   The App serves solely as a logbook for users within a created group and is not a medical device as defined under the European Medical Device Regulation (Regulation (EU) 2017/745).
2. We will do our best to ensure that the App and its functionalities, including data entered and services provided by third parties, are error-free and continuously available. However, the App is provided on an “as is” basis. Therefore, we make no guarantees regarding availability, functionality, or suitability for specific purposes. We do not guarantee the completeness or ongoing availability of data entered in the App.
3. We may change the App at any time, including adding, modifying, or removing features, implementing security-related changes, modifying or removing available information, and other (technical) adjustments. We are also entitled to (partially) limit the availability of the App or to terminate it entirely without being held liable.
4. Use of the App is at your own risk. We are not responsible for the accuracy or completeness of entered or available data in the App. Reliance on information shown in the App is entirely at your own risk, and we are not liable for any damage resulting from actions or inactions based on such information. In case of doubt about the accuracy of any information, including the condition of a care recipient, dosage or administration of medication, health, or possible treatment, you should always consult a medical professional.

3. Your use of the App

1. When you first use the App, you will create a personal account, accessible via credentials you choose. Your login credentials are strictly personal. You must keep them secure and not share them with others. Change your credentials and notify us immediately if you suspect unauthorized access.
2. Any use of the App under your account, whether by you or a third party, is your responsibility.
3. The App may offer third-party services or products which can be ordered through the App. If you order a product or service via the App, a binding agreement is formed between you and the third party. We are not a party to that agreement. The general terms of that third party may apply and will be provided separately.
4. The information you enter in the App must always be accurate and up to date. We reserve the right to suspend, terminate, or limit your access to the App if we suspect the information is incorrect.
5. As a user of the App, you agree that we may collect usage statistics and data, which we aggregate and use to improve the App.
6. When using the App, you may not:
   1. Use a device containing viruses, Trojan horses, worms, bots, or other malicious software that could alter, damage, disable, infect, or remove the App or make it unavailable or inaccessible;
   2. Use manual or automated software, devices, or other processes to scrape or extract content from the App;
   3. Use information from the App for purposes other than those intended by us, unless with our explicit consent;
   4. Reproduce, decompile, or reverse engineer the App, unless permitted by mandatory law;
   5. Remove security features or circumvent technical restrictions (including usage limits) of the App
7. We are entitled at all times to suspend or terminate your account and/or limit or terminate your use of the App, especially if you violate these Terms, infringe our rights or those of a third party, or act in violation of applicable laws or regulations.

4. Intellectual Property Rights

1. All intellectual property rights related to the App and its content — including copyrights, trademark rights, patent rights, design rights, trade name rights, database rights, neighboring rights, and know-how (“IP Rights”) — belong to us or our licensors. Nothing in these Terms transfers IP Rights from one party to another.
2. By creating an account and complying with these Terms, you are granted a personal license to use the App and its available information until your account is deleted.
3. By entering data into the App, you grant us an unlimited, perpetual, and worldwide license to use that data and any related IP Rights to provide and improve the App, as described in section 3.5.

5. Privacy

1. When using the App, you may provide us with personal data. We will process your personal data in accordance with our Privacy Policy, which is available at https://mantelzorger.app/privacy-statement.

6. Limitation of Liability

1. Your use of the App is at your own risk, and we exclude all liability for damages incurred in connection with the App, to the extent permitted by law. In any case, our liability — on any grounds — is limited to compensation for direct damages only, up to a maximum of EUR 250.00.
2. Direct damages are limited to:
   1. Damage to property;
   2. Reasonable costs to prevent or limit direct damage that can be expected from the event that caused liability;
   3. Reasonable costs to determine the cause of the damage.
3. We are not liable for any damage resulting from agreements you conclude with third parties via the App. You agree to indemnify us from any claims made by such third parties regarding those agreements.
4. This limitation of liability does not apply if the damage was caused by intent or gross negligence.

7. Duration and Termination

1. Your agreement with us for the use of the App remains in effect as long as your account exists. You may terminate the agreement by deleting your account. We may also terminate your account at any time, for example, due to prolonged inactivity or violation of the Terms. Termination does not affect the validity of any agreements made within the App with us or third parties.

8. Responsible Disclosure

1. If you discover vulnerabilities, bugs, or other issues in the App, please report them using the disclosure form on our website (https://mantelzorger.app via “Responsible Disclosure”). We will prioritize and address the issue as soon as possible.

9. Miscellaneous

1. We may transfer our rights and obligations under these Terms to a third party and will notify you if we do so.
2. These Terms, your use of the App, and all agreements concluded within the App are governed by Dutch law. Any disputes will be submitted exclusively to the competent court in The Hague, the Netherlands.