That’s why We made this 2-minute-read summary to You. This summary will provide You with the necessary information and all You need to know in no-time!
First things first, what is Salvus Health?
- Salvus Health offers a service that allows you to book appointments and consultations via the Salvus Health platform in the online calendar of pharmacies, to make use of medically certified consumer health devices in a pharmacy environment, and collect and visualize the obtained data in one dedicated online platform.
- The measurements you can take are the following: blood pressure, heart rate, weight, BMI and blood oxygen level. Additionally, you are able to self-report and store extra information about your health.
- Salvus Health can in no way be seen as a medical device. The use of Salvus Health can never replace any medical advice, diagnosis or treatment.
When can you use Salvus Health?
- When you subscribe, you must provide us with some personal information and be at least 18 years
How can you use Salvus Health?
- You may only use our service as it is intended and are together with us, responsible for the confidentiality of your use.
- You are allowed to use our services for private purposes only.
- If you need technical support, you can always send us an e-mail at email@example.com.
Also important to know:
- Salvus Health will always remain the owner of the services and of all related intellectual property rights. You will always remain the owner of your data.
- Salvus Health can only be held liable for damages directly attributed to us, with a limit of €5.000.
Table of Contents
- Description of the Services.
- Use of the Services.
- License – Restrictions.
- Intellectual Property Rights.
- Privacy and Protection of Your Personal Data.
- Guaranties and disclaimers.
- Duration and Termination.
Annex 1: Definitions.
- The Salvus Health Services, available via the tests in the pharmacy and via the web-app app.salvus-health.com and website www.salvus-health.com (hereinafter the "Website"), are owned and managed by Salvus Health, a private limited liability company under Belgian law, with registered office at Begijnenvest 14/22, 2000 Antwerp registered with the Crossroads Bank for Enterprises, under company number 0741.808.191 (hereinafter "Salvus Health", “We” or “Us”).
2. Description of the Services
I. General Objective
2.1. Salvus Health offers several services with the objective to empower people to control their health. Regarding to this objective, We offer you the following services, but not only limited to:
a) a service that allows You to book appointments and consultations via the Salvus Health platform in the online calendar of Pharmacies;
b) Salvus Health offers a service that allows You to make use of medically certified consumer health devices in a pharmacy environment, and collect and visualize the obtained data in one dedicated online platform. The measurements you can take are the following: blood pressure, heart rate, weight, BMI and blood oxygen level. Additionally, You are able to self-report and store extra information about Your health such as: a possible pregnancy, Your emotional state (illness, fatigue, anger and stress), sports, blood group, belly circumference, height, ethnicity, as well as the possible use of tobacco and/or alcohol;II. Account
2.2. In order to make use of the Services, You must first perform the desired tests (with the blood pressure monitor, scales or saturation meter) in the Pharmacy using the In-Pharmacy Application on the tablet following the instructions. After having carried out the desired test(s), You will receive an overview of the data of the test(s), after which You can enter more information about yourself if desired.
- You are only entitled to create an Account if You are a “natural person”;
- You are at least 18 years old; If you’re not 18 years old, your parents can create an account for you.
- At the time You create or update an Account, You must provide us with correct, accurate, complete and current information that is personal to You, such as Your name, e-mail address and gender;
III. The Platform
2.3. The Platform provides the necessary facilities to enable the use of the Services with regard to the Results.
3. Use of the Services
3.1. With regard to the use of the Services, each User is obliged to:
- comply with the provisions laid down by law, regulation, decree, ordinance or decision of the federal, regional, local or international authorities;
- refrain from manipulating the tests, in any way whatsoever or using any technique;
- not to send any data, messages or documents in any way via the Services, or to load any data or documents via the Services:
a) in which the rights (including, but not limited to, moral rights or intellectual property rights) of Third Parties or of the providers of the Services are violated;
b) of which the content is damaging, defamatory, violent, unlawful, obscene or degrading or in which the privacy of Third Parties is violated;
c) whose use or possession by the User is prohibited by law or by agreement;
d) that contain viruses or instructions that could cause damage to the providers of the Services and/or the Services and/or could impede or disrupt the Services.
3.2. In order to use the Services on the Platform, You must have an internet connection. You bear sole responsibility for any telecommunications or computer network equipment required to use the Services. You are solely responsible for providing this.
3.3. You are jointly responsible for the security and confidentiality of Your data. You are advised to keep Your Results safe and secure and to not exchange or disclose them with Third Parties.
3.4. You are fully responsible for all activities You perform under Your Account. You agree to notify Us immediately of any unauthorised use of the Services under Your Account or any other breach of security. We cannot be held liable for any loss or damage resulting from failure to comply with the above requirements.
3.5. The Services may only be intended for private use. The Services may not be used for commercial or business purposes unless We have approved You as a partner.
4. License – Restrictions
4.3. You, nor a Third Party, will under no circumstances:
5. Intellectual Property Rights
5.1. Within the scope of the agreement between the User and Us, the Services and all established and/or applicable, related or associated worldwide Intellectual Property Rights remain the exclusive property of Salvus Health.
5.2. All rights in and to the Services and/or the Platform that are not expressly granted to the User in this agreement are reserved to Us. Except as expressly provided herein, no express or implied license is granted to the User with respect to the Services and/or the Platform or any part thereof, including any right to obtain any source code, data or other technical material relating to the Services.
7.1. If You need technical support, please contact firstname.lastname@example.org. We will use reasonable efforts to answer Your questions in the shortest possible time and to resolve Your technical problems with our Services.
8. Privacy and Protection of Your Personal Data
8.1. Your privacy is very important to Us and We will comply with all applicable laws when processing Your Personal Data.
8.2. You will always remain owner of Your Personal Data. Salvus Health only uses Your Personal Data in order to provide the Services to You.
9.1. All warranties, conditions and representations otherwise implied by applicable laws with respect to the Services are excluded to the fullest extent permitted by law and are rejected. In particular, We do not represent or warrant that the Services are error-free, free of viruses or other harmful components, or that defects will be corrected. In this respect, You must take Your own precautions. To the fullest extent permitted by law, in no event will We be liable for any loss or damage caused by a distributed denial of service attack, viruses or other technologically harmful material that may infect Your computer equipment, computer programs, data or other protected material through Your use of our Services.
9.2. In no event will We be liable for direct, indirect, special, exemplary, repressive or incidental damages caused by actions, errors, omissions, representations, warranties, violations of pharmacists or any other person working in a Pharmacy, nor can We be held liable for appointments and consultations booked via our platform in the online calendar of Pharmacies that do not take place as planned.
9.3. To the extent permitted by law, We accept no liability for any failure to maintain the Services and/or to deliver the content or to deliver it on time.
- Your unauthorized use of the Services;
- Your failure to use the latest version of the Services made available to You or Your inability to integrate or install any corrections We made to the Services;
- Your use of the Services in combination with products or services that do not belong to Us.
9.6. The Services may contain inaccuracies and typographical errors, including with respect to the fees. We do not guarantee the accuracy or completeness of the content and services offered on our Services. In addition, We expressly reserve the right to correct any erroneous information on the Services.
9.7. We will not be liable in any way for any damages resulting from Your acts or omissions on the basis of the content available on the Services. Nor can We be held liable for actions, errors, omissions, representations, warranties or violations of Third Party independent service providers.
10. Guaranties and disclaimersI. By Us
We do not guarantee that:
- All errors can be corrected or access to or operation of the Services will always be uninterrupted, safe and error-free;
- The information, including but not limited to the results, that is available on the Services is true, complete and accurate.
10.2. You expressly acknowledge and agree that We shall not be liable for any health-related decisions that You or Third Parties make based on the Results arising from the Services, whether or not such data is accurate.
10.3. You expressly acknowledge and agree that Your use of the Services and the Results are at Your own risk. You acknowledge and agree that there are risks associated with transmitting and storing information over the Internet and that We shall not be liable for any loss of data, including, but not limited to, the Results and all related usage content.
10.4. As stipulated herein, We will indemnify and defend You against substantiated and well-founded claims from Third Parties to the extent that the claim is based on a violation of the Third Party's Intellectual Property Rights by the Services and/or the Platform and to the exclusion of claims that are the result of:
- Your unauthorized use of the Services;
- Modifications of the Services by You or Third Parties;
- Your failure to use the latest version of the Services and/or the Platform made available to You or Your inability to integrate or install corrections We made to the Services and/or the Platform if We indicated that the update or correction was necessary to prevent a potential breach;
- Your use of the Services in combination with products or services that are not specific to Us.
Any such indemnity obligation shall be subject to the following conditions:
- We will be informed immediately in writing of any such claim;
- We will determine the defence and settlement of any such claim at our sole discretion;
- At our request, You will cooperate fully with Us in defending and settling any such claim at our expense;
- You do not make any representations about our liability in respect of any such claim, nor do You agree to any settlement in respect of such claim, without our prior written consent.
If these conditions are met, We will indemnify You for the damages and costs incurred by You as a result of any such claim following damage that can directly attributed to Us, as awarded by a competent court of last instance or as agreed in the settlement with our prosecutors.
10.5. If, in our reasonable opinion, the Services and/or the Platform is likely to be the subject of an infringement claim by a Third Party, We reserve, at our own discretion and expense, the right to:
- amend the Services and/or the Platform (or the (allegedly) infringing part thereof) so that the infringement no longer exists, but the equivalent functionality is maintained;
10.6. You shall indemnify and hold Us harmless from any claim, demand, loss, liability or damage of any kind, including reasonable attorneys' fees, whether in tort or in contract, that they or any of them may face as a result of any claim by any Third Party with respect to:
- Content that is in violation of Third Party's Intellectual Property Rights;
- Fraud, deliberate deception or gross negligence on Your part.
10.7. We are under no obligation towards You to back up any user content and/or Results. You agree that the use of the Services in violation of or in violation of the User's terms and warranties in this section constitutes an unauthorized and improper use of the Services.
11.1. We reserve the right to at any time, with or without reason and without prior notice to or liability to You:
- change the Services. This also includes the removal or discontinuation, temporarily or permanently, of any service or other characteristic of the Services without any liability of Salvus Health towards the User or any Third Parties; and/or
- reject or discontinue Your use of and/or access to the Services in whole or in part, temporarily or permanently.
12. Duration and Termination
12.1. The agreement will be effective from the time You subscribe to our Services and will remain in effect until it is terminated or as long as You continue to use the Services. In the event that We choose to cease supplying the Services, or to grant a Third Party the right to supply the Services, We will notify You at least three months in advance.
12.2. We may terminate the contract at any time if You provide inaccurate, incomplete or inaccurate information when subscribing to our Services or at any other time during the provision of services.
I. Force Majeure
13.1. We will not be liable for any failure or delay in the performance of our obligations with respect to the Services if such failure or delay is due to causes beyond our control, including but not limited to force majeure, war, strikes, lockouts, riots, epidemics, fire, line of communication failures, power outages, earthquakes, other catastrophes, unauthorised access to our information technology systems by Third Parties or for any other reason if our failure to comply with the obligations falls outside our reasonable control.
II. Entire Agreement
13.6. All our notices intended to be received by You will be deemed delivered and effective when sent to the email address You provided when subscribing to our Services. If You change this e-mail address, You will also need to change Your e-mail address on the personal settings page.
VII. Expiration of Agreement
13.7. Articles 4, 7, 9, 10, 12 and 13.8 shall remain in force even after termination or expiry of the agreement.
VIII. Applicable Law and Jurisdiction
Annex 1: Definitions
- “Account” means your registered account that You have created through the subscription process on the In-Pharmacy Application on the tablet in the Pharmacy;
- “Intellectual Property Rights” means all currently known or later additional (a) copyrights, neighbouring rights and moral rights; (b) trademark or service mark rights; (c) trade secret rights, know-how, expertise; (d) patents, patent rights and industrial property rights; layout design rights, design rights; supplementary protection certificates; (f) trade and company names, domain names, database rights, rental rights and all other industrial and intellectual property rights or similar rights (whether registered or not); (g) all registrations, Services for registration, renewals, extensions, subdivisions, improvements or reissues relating to these rights and the right to apply, maintain and impose any of the foregoing, in any case and in any jurisdiction worldwide, for as long as this protection applies;
- “In-Pharmacy Application” means the application available in the Pharmacy who guides the Users and/or clients of the Pharmacy during the measurements and the possible creation of an Account or logging in into an Account;
- “Personal Data” means any information about an identified or identifiable person;
- “Pharmacy” means the pharmacy that, as a customer of Salvus Health, offers the Services to the Users;
- “Platform” means the platform which enables Users to view their Results and the analysis of their progress, available via the web-app www.app.salvus-health.com;
- “Results” refers to the results of the analysis by Salvus Health on the basis of the measurements and Personal Data entered and supplied by the User;
- “Services” means the whole of the services provided by Salvus Health, following and linked to our Website and Platform;
- “Third Party” means any natural or legal person or entity other than You or Salvus Health;
- “User” means the users of the Services;
- “Website” refers to the website available at www.salvus-health.com.