These general terms and conditions (the “General Terms and Conditions” or “GTC”) govern the use of the digital platform Health.be (the “Platform”), operated by Health.be BV, a private limited liability company under Belgian law, having its registered office at A. Servaesdreef 1, 9830 Sint-Martens-Latem, registered with the Crossroads Bank for Enterprises under number [1019.972.222] (hereinafter “Health.be”, “we” or “us”).

These GTC apply to:

• users / patients of the Platform;
• healthcare professionals using the Platform;
• any other natural or legal person who accesses the Platform.

Specific or commercial terms may apply to certain services or products. In the event of a conflict, those specific terms shall prevail over these GTC.

For the purposes of these GTC, the following terms shall have the meanings set out below:

• Platform: the digital infrastructure of Health.be, including software, applications, dashboards, interfaces and data-processing tools.
• User / Patient: a natural person who uses the Platform for lifestyle guidance, preventive support and coaching.
• Healthcare Professional: a natural or legal person providing guidance via the Platform, including:
  • Physician: a person recognised as a physician under the applicable law;
  • Other healthcare professional: a healthcare professional who is not a physician, such as, among others, pharmacists, coaches, dietitians, midwives or similar profiles.
• Services: all services offered by Health.be, including:
  • technically connecting users and healthcare professionals;
  • providing dashboards and digital tools;
  • processing and visualising data;
  • facilitating digital programmes.
• Hardware: wearable devices or sensors sold or made available by Health.be.
• Programme: a service of a fixed duration as described in commercial terms.
• Agreement: the contractual relationship between Health.be and the user or healthcare professional.

3a. Acceptance

By creating an account, using the Platform or purchasing Hardware, the user or healthcare professional declares that they:

• have taken note of these GTC;
• expressly accept these GTC;
• undertake to comply with these GTC.

If one does not agree with these GTC, the Platform may not be used.

The user or healthcare professional is responsible for any use of the Platform via their account or internet connection.

3b. Account use and security

Users and healthcare professionals are responsible for keeping their account details confidential and for all activities that take place through their account.

Health.be is not liable for damage resulting from unauthorised use of accounts, unless this is due to a fault of Health.be.

Health.be is a technological facilitator and does not provide medical, paramedical, therapeutic or diagnostic services.

Health.be:

• does not make diagnoses;
• does not provide medical or therapeutic advice;
• does not make medical decisions.

The Platform is intended exclusively for:

• lifestyle guidance;
• preventive support;
• coaching and insight provision.

The Platform may not be used for medical decision-making or treatment.

Health.be acts exclusively as:

1. a technical intermediary between user and healthcare professional;
2. a provider of digital tools;
3. a processor of personal data on behalf of the healthcare professional.

5a. General obligations

• does not provide medical advice via the Platform;
• limits their services to lifestyle guidance, coaching and preventive support;
• does not base medical decisions on data from the Platform;
• remains fully responsible for the content and consequences of their non-medical guidance;
• acts as data controller within the meaning of the GDPR.

5b. Specifically for physicians

• they do not provide medical care, diagnosis or treatment via the Platform;
• the Platform is not used in the context of a medical treatment agreement;
• any medical care always takes place outside the Platform, under their own responsibility.

5c. Specifically for other healthcare professionals

• they do not perform medical acts via the Platform;
• they do not make diagnoses and do not provide medical advice;
• their role is limited to non-medical guidance within their legally applicable professional framework.

The relationship between the user and the healthcare professional is established directly between these parties.

• Health.be is not a party to this relationship;
• Health.be does not supervise its content;
• Health.be bears no responsibility for decisions or actions of users or healthcare professionals.

The Platform functions solely as a technical tool.

7a. General

Health.be may offer, sell or integrate Hardware in the Platform, including wearable sensors or measuring devices (“Hardware”).

The Hardware is offered and integrated by Health.be exclusively for the purpose of:

• lifestyle monitoring;
• preventive guidance;
• coaching and insight provision.

Health.be does not integrate or use Hardware for medical diagnosis, medical monitoring, treatment or therapy.

7b. Medical devices – MDR nuance

Certain Hardware may be certified by the manufacturer as a medical device within the meaning of Regulation (EU) 2017/745 (MDR).

The user and healthcare professional expressly acknowledge and accept that:

• Health.be does not act as a manufacturer of medical devices;
• Health.be does not determine or change a medical “intended use”;
• any MDR classification applies only within the framework determined by the manufacturer;
• Health.be does not use the Platform for medical purposes, regardless of the MDR status of the Hardware.

The use of Hardware within the Platform is solely of an informative and supportive nature and in no way replaces medical assessment, diagnosis or treatment.

7c. Use by healthcare professionals

Healthcare professionals acknowledge that:

• data originating from Hardware via the Platform may not be used for medical decision-making;
• the Platform is not a certified medical software system;
• medical interpretation or clinical follow-up may only take place outside the Platform.

7d. Use by users

The user acknowledges that:

• measurements are indicative and may deviate;
• decisions regarding health or medical care may not be based on Hardware or Platform data;
• in case of health complaints, a qualified physician outside the Platform must always be consulted.

8a. Statutory warranty

In the event of purchase of Hardware by a consumer, the following applies:

• the statutory conformity warranty of two (2) years, in accordance with Book VI of the Belgian Code of Economic Law;
• for the legally determined period, the burden of proof of non-conformity lies with Health.be, insofar as legally required.

8b. Right of withdrawal

The consumer has the right to withdraw from the purchase of Hardware within fourteen (14) days after delivery, in accordance with the applicable consumer legislation.

This right of withdrawal does not apply to:

• sealed products which are not suitable for return due to health protection or hygiene reasons, if the seal has been broken after delivery;
• other legal exceptions.

8c. Manufacturer and liability

For Hardware manufactured by third parties:

• Health.be acts as seller vis-à-vis the consumer;
• any product liabilities of the manufacturer remain unaffected;
• additional terms of the manufacturer may apply, insofar as these do not conflict with mandatory consumer law.

The agreement between Health.be and the user or healthcare professional is concluded for an indefinite term.

Each party may terminate this agreement at any time, except as otherwise provided in commercial terms (such as programmes of a fixed duration).

Health.be reserves the right to suspend or terminate accounts in the event of misuse, fraud or breach of these GTC.

10a. “As is” and best efforts

The Services are provided:

• “as is”;
• on a best-efforts basis.

Health.be does not guarantee specific results or health outcomes.

10b. Availability and quality of the Platform

Health.be endeavours to keep the Platform available and accessible, but does not guarantee that the Platform will function at all times without interruption, delay or errors.

Health.be reserves the right to temporarily or permanently modify, suspend or discontinue the Platform or parts thereof, including for technical, administrative or legal reasons.

Health.be is not liable for damage resulting from temporary unavailability or technical failures of the Platform.

10c. Force majeure

Health.be is not liable for failure or delay in performing its obligations if this is due to force majeure, including but not limited to failures in networks, IT infrastructure, power supply, government measures or other circumstances beyond Health.be’s reasonable control.

10d. Changes to the Platform

Health.be reserves the right to modify, expand or restrict the functionalities, content or structure of the Platform, without entitling anyone to any compensation.

Except in cases of wilful misconduct or gross negligence, and insofar as permitted by applicable law, Health.be is not liable for any damage arising from the use of the Platform or the Services.

The user acknowledges that Health.be acts solely as a technical facilitator and does not provide medical services. Healthcare professionals are solely responsible for the content and consequences of the guidance they provide.

Health.be cannot be held liable for medical errors, incorrect interpretations or decisions made by users or healthcare professionals.

The liability of Health.be is limited to direct damage and to the amount covered by the applicable insurance.

Health.be is never liable for:

• indirect or consequential damage;
• loss of data;
• decisions made by users or healthcare professionals;
• damage resulting from the use or interpretation of Hardware or Platform data.

All intellectual property rights relating to the Platform and the Content (including software, texts, graphics, logos and databases) belong exclusively to Health.be or its licensors.

Users are not permitted to copy, reproduce, distribute, modify or use the Content, in whole or in part, for commercial purposes without Health.be’s prior written consent.

Automated data collection, scraping, data mining or creating one’s own databases based on the Platform is prohibited.

All non-public information obtained via the Platform is considered confidential.

Prices and payment terms are governed by the applicable commercial terms.

The provisions regarding consumer rights, warranty and the right of withdrawal in connection with the purchase of Hardware are included in Article 8 of these GTC.

These GTC are governed by Belgian law.

Disputes fall within the exclusive jurisdiction of the courts of East Flanders.

17a. Amendments to the General Terms and Conditions

Health.be reserves the right to amend or supplement these GTC from time to time.

Amendments will be communicated to users and healthcare professionals via the Platform or by email, and will enter into force as of the indicated date.

If a user or healthcare professional does not accept the amended GTC, he/she has the right to stop using the Platform and terminate the agreement.

Continued use of the Platform after the amended GTC enter into force constitutes acceptance thereof.

17b. Severability

If one or more provisions of these GTC are wholly or partially null and void or unenforceable, the remaining provisions shall remain in full force and effect.

17c. No waiver

Failure by Health.be to enforce any provision of these GTC may not be considered a waiver of rights.

17d. Complaints

Complaints about the Platform or the Services may be addressed to hello@health.be. Health.be will handle complaints within a reasonable period.