Terms and Conditions

GENERAL TERMS AND CONDITIONS QWENDA

Version 1.0.0 – 2024-05-27

The summary (TL;DR) of the General Terms and Conditions

These terms and conditions ("Terms and Conditions") are made available electronically for use of the FAQIR application, hereinafter "the FAQIR Application" or "Qwenda". By using the FAQIR Application, you accept these Terms and Conditions. You should therefore read these Terms and Conditions carefully before using the FAQIR Application.

FAQIR feels it is important to inform you on how to use the FAQIR Application. Therefore, FAQIR has created this summary that will provide you with the necessary information in no time!

Who we are.

The FAQIR Application is managed by FAQIR Foundation and FAQIR Institute.
The FAQIR Application is a smartphone application that aims to help you collect and securely store your health data and track your conditions and medication use.
It is important to note that a diagnosis is always made by a physician and the FAQIR Application can never replace medical advice, diagnosis or treatment. If you believe you have a medical emergency, contact your doctor or emergency services immediately.

When and how can you use the FAQIR Application?

To use the FAQIR Application, you must first accept our Terms and Conditions. These contain the rules for using the FAQIR Application.
You will be asked to agree to the FAQIR Application's Privacy Statement. The personal data you share with FAQIR will remain your property. FAQIR will only use them to provide the various functionalities of the FAQIR Application. For more information on this topic, we invite you to review our Privacy Statement.
The FAQIR Application is free.
To use the FAQIR Application, a personal account is required.
To use the FAQIR Application, you must be at least 16 years old.
You may only use the FAQIR Application as it is intended. You are jointly responsible with us for the confidentiality of your use.
If you violate our Terms and Conditions, you run the risk of no longer being able to use the FAQIR Application.

Another important thing to know:

FAQIR always retains ownership of the FAQIR Application and all related intellectual property rights.
FAQIR's liability with respect to the FAQIR Application is excluded and limited to the maximum extent permitted by law and is limited to an amount of EUR 20 000.
If you need (technical) support, you can always send an e-mail to support@faqir.eu.
These Terms and Conditions have a version number and may be updated. FAQIR will always notify you of changes to the content of the applied Terms and Conditions which will be given a new version number. Updated Terms and Conditions are subject to your acceptance upon subsequent use before further use of the FAQIR Application.
For more information about your use of the FAQIR Application, we invite you to read our full Terms and Conditions, which explain everything in detail.

ARTICLE 1. GENERAL

The FAQIR Application (also known as “Qwenda”), health vault and health modules are provided by:

FAQIR Foundation, a non-profit association under Belgian law, with its registered office at Volderrede 58, 9070 Destelbergen, and registered with the Crossroads Bank for Enterprises under the number 0789.225.256;

and;

FAQIR Institute, a limited liability company incorporated under Belgian law, with its registered office at Koutergatstraat 2, 1703 Dilbeek, and registered with the Crossroads Bank for Enterprises under the number 0786.609.226;

hereinafter collectively referred to as "FAQIR.

The Terms and Conditions are provided electronically. A printed version of the Terms and Conditions is available upon request at support@faqir.eu.

In order to use the FAQIR Application, Users must accept the Terms and Conditions and the Privacy Statement. It is recommended that the User carefully review these Terms and Conditions and the Privacy Statement before using the FAQIR Application.

ARTICLE 2. DEFINITIONS

In these General Terms and Conditions, the terms below have the following meanings.

Terms and Conditions: The present general terms and conditions applicable to the FAQIR Application.
GDPR: Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, also known as the General Data Protection Regulation.
Third Party(ies): Any natural or legal person who does not have the capacity of a User or who is not FAQIR.
User(s): The natural person who uses the FAQIR Application and the functionalities contained therein, such as the health vault and health modules.
Intellectual Property Rights: All currently known or hereafter additional (i) copyrights, related rights and moral rights, (ii) trademark or service mark rights, (iii) trade secret rights, know-how, professional knowledge, (iv) patents, patent rights and industrial property rights, (v) layout design rights, design rights, (vi) additional protection certificates, (vii) trade and company names, domain names, database rights, rental rights and all other industrial intellectual property rights. any proprietary or similar rights (whether registered or unregistered), (viii) all registrations, applications for registration, renewals, extensions, divisions, improvements or reissues relating to such rights and the right to apply, maintain and enforce any of the foregoing, in each case and in any jurisdiction worldwide, for as long as such protection is in place.
FAQIR Application: The application offered by FAQIR to the User (also known as “Qwenda”) and the functionalities contained therein;
License: The User's right of use as described in Article 10 of these Terms and Conditions.
Personal Data: Any information relating to an identified or identifiable natural person.
Privacy Statement: FAQIR’s privacy statement with regard to the data processing of data subjects in the context of the FAQIR Application it offers.

ARTICLE 3. SUBJECT

The use of the FAQIR Application and the functionalities contained herein make the subject of these Terms and Conditions. In order to use the FAQIR Application, the User must be at least 16 years old.

ARTICLE 4. MAINTENANCE AND SUPPORT

4.1

While using the FAQIR Application, the User may claim updates and/or upgrades for the software related to the FAQIR Application.

FAQIR and its licensor may, in their sole discretion, make updates and/or upgrades available for the software related to the FAQIR Application. FAQIR and its licensor are not obliged whatsoever to offer updates and/or upgrades for the FAQIR Application.

4.2

If the User needs (technical) support while using the FAQIR Application, that User may contact FAQIR at support@faqir.eu.

ARTICLE 5. ACCEPTABLE USE

5.1

The FAQIR Application is made available only to the registered User and insofar as the User’s intended use of the FAQIR Application corresponds to the purposes described.

5.2

The User is fully responsible for all activities performed under his/her personal account on the FAQIR Application. The User undertakes to immediately warn FAQIR in the event of any unauthorized use of his/her Account or any other breach of security. FAQIR cannot be held liable for any loss or damage resulting from non-compliance with this requirement

5.3

It is not permitted to export the FAQIR Application in any way so that the functionalities of the FAQIR Application are thus used and/or stored outside its protected environment.

5.4

Users are not permitted to distribute or make available to Third Parties the FAQIR Application, unless expressly agreed to by FAQIR in writing. Third Parties may not be offered access to the FAQIR Application through an account.

5.5

The User is jointly responsible for the security and confidentiality of his/her identification data and security information in connection with his/her access to the FAQIR Application. To help protect the User from unauthorized access to their account on the FAQIR Application, the User is advised to keep their identification and security information secure, and not to exchange or disclose their identifying information with Third Parties.

5.6

To be able to use the FAQIR Application, the User must have an Internet connection. The User is responsible for the telecommunications of computer network equipment necessary to use the FAQIR Application. It is the User's own responsibility to provide this.

5.7

FAQIR reserves the right, but is not obligated, to monitor and delete an Account from the FAQIR Application if its use is considered to be a violation of the provisions of these Terms and Conditions or is considered to be inappropriate or incorrect, or if its use violates the rights of third parties or applicable laws or regulations.

ARTICLE 6. WARRANTY AND COMPLIANCE.

6.1

Any information, images, verbal communications, statements, etc. relating to all offers and the main characteristics of the FAQIR Application provided are shown, provided or made as accurately as possible. FAQIR is not liable for the opinions, printing and typesetting errors on the website and social media channels of FAQIR.

6.2

The FAQIR Application does not provide medical care and is in no way intended to replace any form of medical care. The purpose of the FAQIR Application is to help the User to identify and monitor his/her condition(s) and treatment(s) through the principle of a health vault and the available health modules and does not offer diagnoses for diseases or conditions. If the User suspects a medical emergency, the User should immediately contact his/her physician or emergency services.

ARTICLE 7. TERMINATION

7.1

FAQIR grants the User, after downloading the FAQIR Application and creating an account, a right to use the FAQIR Application, unless this right to use is terminated in accordance with the provisions of this article.

7.2

After the User ceases his/her use of the FAQIR Application, FAQIR deletes the User's Personal Data in accordance with the provisions laid down in the Privacy Statement, as well as in accordance with the GDPR and the associated implementing laws.

ARTICLE 8. LIABILITY

8.1

FAQIR makes reasonable efforts and uses all available means to ensure that the FAQIR Application is of a high quality.

Except to the extent permitted by applicable law, FAQIR's liability under these Terms and Conditions in respect of any event (or series of related events) shall not exceed EUR 20 000 and this per separate cause of damage. FAQIR shall not be liable in any way, contractually or extra-contractually, for the discontinuation of the FAQIR Application.

In no event shall FAQIR be liable to the User for any indirect, punitive, special consequential or similar damages (including damages for loss of profits, loss of revenue, loss or corruption of data, loss of customers and contracts, loss of goodwill, the cost of purchasing substitute goods or services and damage to reputation, work stoppages, damage to programs or other data on computer systems, of equipment, software or other), regardless of whether such damage is the result of negligence, breach of contract, breach of legal duty or in any way whatsoever. Each party has a duty to limit the damage. The limitations of liability in favor of FAQIR under this clause shall apply to the same extent in the benefit of subcontractors.

8.2

FAQIR makes every efforts to keep the FAQIR Application accessible, 7 days a week, 24 hours a day. FAQIR cannot be held liable in any way for malfunctions, faults or temporary or permanent unavailability. Under no circumstances may the User claim compensation for any costs incurred or hold FAQIR liable for any form of damage that may result directly or indirectly from access to or use of the FAQIR Application. The content of the FAQIR Application can be taken offline, adapted, changed or supplemented at any time, in whole or in part.

8.3

The User expressly acknowledges and agrees that FAQIR cannot be held liable for any medical or related decisions made by the User, their healthcare provider or any Third Party based on the information displayed by the FAQIR Application, regardless of whether such data is accurate or not. The User expressly acknowledges and agrees that his/her use of the FAQIR Application is entirely at his/her own risk. The User acknowledges and agrees that there are risks associated with transmitting information via and storing information on the internet and that FAQIR is not responsible for any loss of the User’s Personal Data.

8.4

Without prejudice to the foregoing provisions and to the maximum extent permitted by the applicable law, FAQIR's liability in connection with the FAQIR Application under these Terms and Conditions, contract law, warranty rights, right of detriment or otherwise, is limited to the maximum amount to be paid out by FAQIR's insurance policy on the date on which the relevant liability claim is made. Nothing in these Terms and Conditions limits or excludes our liability for (i) gross negligence; (ii) willful misconduct; (iii) fraud or personal injury.

8.5

Regarding the FAQIR Application, FAQIR cannot be held liable for the correctness, completeness or accuracy of the information provided by a User. To this end, the User agrees to upload correct and accurate information into the FAQIR Application in accordance with FAQIR’s ethical charter. If FAQIR detects that a User has uploaded incorrect or inaccurate information, FAQIR reserves the right to take the necessary corrective actions, including but not limited to those outlined in Article 9 of these Terms and Conditions.

ARTICLE 9. SUSPENSION

If FAQIR, its licensors and/or other relevant service providers suspect that the User is in breach of these Terms and Conditions or any other instructions, guidelines or policies (including but not limited to the Privacy Statement) issued by FAQIR, it may suspend or restrict the User’s access to the FAQIR Application. Such suspension shall last until the User has remedied the breach that led to the suspension or restriction.

ARTICLE 10. INTELLECTUAL PROPERTY AND RIGHTS OF USE

10.1

All Intellectual Property Rights that may or shall be exercisable with respect to the FAQIR Application, any related software and/or additional documentation provided anywhere and at any time are the property of FAQIR and/or its licensors. Nothing in these Terms and Conditions is intended to transfer all or part of these Intellectual Property Rights to the User.

10.2

Upon acceptance of these Terms and Conditions, FAQIR grants the User a non-exclusive, personal, non-sublicensable and non-transferable license to use the FAQIR Application in accordance with these Terms and Conditions. The User is not permitted to use the FAQIR Application for commercial purposes except with FAQIR’s prior and explicit written consent or to use the FAQIR Application in a manner not authorized by FAQIR.

The User shall use the FAQIR Application only in full compliance with (i) these Terms and Conditions, (ii) any additional instructions or policies issued by FAQIR, including, but not limited to, what is or will be posted on the FAQIR Application or on the FAQIR website, (iii) all applicable laws and regulations and (iv) additional documentation provided.

10.3

The User undertakes not to, nor to attempt to, directly or indirectly:

reverse engineer, copy or modify any software related to the FAQIR Application in whole or in part to its source code;
assign, sell, transfer, lease, rent, trade or tax or provide the FAQIR Application or any related software to a Third Party or use the FAQIR Application or any related software on behalf of a Third Party, unless FAQIR grants its express prior written consent to do so;
create or derive works based on the FAQIR Application or any related software;
change, remove, delete or obscure any copyright(s) or notice(s) of any other Intellectual Property Right, digital watermarks, proprietary legends, or other notices contained in the FAQIR Application, in any related software or in any additional documentation provided;
intentionally distribute worms, Trojan horses, corrupt files or other items of a destructive or deceptive nature or use the FAQIR Application, any related software or any additional documentation provided for any type of unlawful, invasive, infringing, defamatory or fraudulent purposes;
remove or otherwise circumvent any technical or other protective measures in the FAQIR Application, in any related software, or in any additional documentation provided;
gain unauthorized access to accounts of other Users or FAQIR's IT equipment or structure in order to offer or use the FAQIR Application, related software, or additional documentation provided for the purpose of carrying out or promoting illegal activities;
use the FAQIR Application, related software or additional documentation provided to generate unsolicited email advertisements or spam;
use any form of high-volume, automatic, electronic, or manual process to access, search for, or harvest information contained in the FAQIR Application, and/or Pathways, related software or additional documentation provided (including without limitation, robots, spiders, or scripts).

10.4

By uploading, creating or otherwise providing information, data or images on or through the FAQIR Application or any related software ("User Content"), and without prejudice to the provisions of FAQIR's Privacy Statement, the User grants to FAQIR a non-exclusive, royalty-free, worldwide, sublicensable, transferable license to use, copy, store, modify, transmit and display the user content to the extent necessary to offer and maintain the FAQIR Application. FAQIR reserves the right, but is not obligated to, review and remove the user content if that content violates the provisions of these Terms and Conditions or is otherwise deemed inappropriate or if it infringes the rights of Third Parties or applicable laws and regulations.

10.5

It is expressly understood, acknowledged and agreed that whenever the User, whether formally requested or not, provides reasonable suggestions, comments and feedback regarding the FAQIR Application to FAQIR, including but not limited to usability, bug reports, and test results (collectively, "Feedback"), the User shall provide FAQIR with the following worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid rights:

to use, copy, modify, sell, distribute, sublicense, and create derivative works from the Feedback as part of any FAQIR product, technology, service, specification, or other documentation, including but not limited to the FAQIR Application;
to publicly perform or display, import, broadcast, distribute, license, offer for sale and sell, rent, lease, or lend the Feedback (and derivative works thereof) as part of the FAQIR Application.

ARTICLE 11. RIGHT OF COMPLAINT

The User may contact FAQIR with regard to any objection related to the FAQIR Application or these Terms and Conditions. In the event of a dispute relating to the FAQIR Application or these Terms and Conditions, FAQIR requests the User to contact them before taking any other step, so that a possible amicable settlement can be sought.

ARTICLE 12. PROCESSING OF PERSONAL DATA AND PRIVACY

FAQIR attaches great importance to the Users’ privacy and respects the applicable GDPR and the relevant implementing laws when processing Users’ Personal Data. The Privacy Statement provides the User an explanation of how FAQIR obtains and processes his/her Personal Data.

ARTICLE 13. FORCE MAJEURE

13.1

FAQIR cannot be held liable for any damage suffered by the User due to a case of force majeure event, being an unavoidable and unforeseeable cause or circumstance beyond the control of FAQIR or as otherwise defined in accordance with Belgian law.

13.2

If FAQIR invokes a force majeure event, it will notify the User of the force majeure event as soon as reasonably possible, and at least in writing, including its estimated duration, and will take all reasonable steps to limit the consequences of the force majeure event. FAQIR will also notify the User when the force majeure event has come to an end.

ARTICLE 14. TRANSFER

14.1

FAQIR has the right to transfer the agreement with the User to any of its affiliates or non-profit organizations at any time.

14.2

For the purposes of this article, affiliates or NPOs are considered to be: any entity that controls, is controlled by, or is under common control with FAQIR.

14.3

For purposes of this article, the fact that FAQIR has the (direct or indirect) power to determine or cause to be determined the management and policies of another entity through ownership of voting securities, contractually or otherwise, shall be considered as control or under control.

ARTICLE 15. INVALIDITY

If a provision of these Terms and Conditions is declared invalid, void or unenforceable for whatever reason, the other provisions of these Terms and Conditions will remain in full force and effect and the void, invalid or unenforceable provision will be deemed to have been amended in such a way that it is valid and enforceable to the maximum extent of the law.

ARTICLE 16. WAIVER

Failure to comply with any provision of these Terms and Conditions shall never constitute a waiver of the rights and/or obligations under that or any other provision.

ARTICLE 17. APPLICABLE LAW - COMPETENT COURT

These Terms and Conditions shall be exclusively governed by and construed in accordance with applicable Belgian law without regard to any conflict of laws or rules. The courts and tribunals of the judicial district of East Flanders, Ghent division shall have exclusive jurisdiction if any dispute