TERMS AND CONDITIONS

TERMS AND CONDITIONS OF THE ‘ORTHODOSE’ MOBILE APPLICATION

Effective Date: XXX

The following Terms and Conditions (hereinafter referred to as “T & Cs”) govern the use of the Orthodose© mobile application (hereinafter also referred to as the “Application”) provided by MedLight, SRL (hereinafter referred to as “MedLight” or “we”). By installing the Application on your mobile phone and/or by accessing the Application as a visitor and/or user, you accept unconditionally and without reservation all of the T & Cs defined below.

Please read these T & Cs carefully before using the Orthodose© Application. By using the Application, you acknowledge that you have read, understood, and agree to be bound by these T & Cs. If you do not agree to these T & Cs, you may not use the Application.

  1. LEGAL INFORMATION

The Application is operated by MedLight, SRL, a company registered at Rue Franciscus Vandevelde 20, 1160 Auderghem, Belgium, under registration number 0764.817.779.

  1. DEFINITIONS

Capitalized terms used in these T & Cs shall have the following meanings:

  • “Application” means the Orthodose© application supplied by MedLight, providing access to the Services (as defined below). The Application includes all its contents, software, programs, tools, databases, operating systems, documentation, and all other elements and services that compose it, including updates and new versions that may be applied to the Application by MedLight.
  • “Content” refers to the structure of the Application, drawings, illustrations, images, photographs, graphic charts, trademarks, logos, acronyms, company names, medical information, scientific data, visual content, audio and sound content, and any other content present within the Application or any other element composing the Application.
  • “User Content” means any content published and/or transmitted by the User via and/or on the Application.
  • “Services” refer to the various features and services offered by the Orthodose© Application.
  • “User” or “You” refers to the qualified Healthcare Professional who downloaded the Application.
  1. PURPOSE OF THE APPLICATION

3.1. Intended Users and Use of Information

The Orthodose© Application is exclusively intended for healthcare professionals and has been designed to provide information on the uses of reference products in palliative care and calculations related to these products.

The information provided through Orthodose© tools is for documentation and information purposes only. The attending physician assumes sole and entire responsibility for any use made of the information. It is clarified that:

  • The Orthodose© application does not collect any personal nor specific patient data. Therefore, it cannot take them into account in the context of the Services.
  • The Orthodose© Application cannot be used as a diagnostic or therapeutic tool or as a substitute for the clinical judgment of a qualified healthcare professional.
  • The healthcare professional must use the reference information provided by the Orthodose© application in the treatment of their patient, alone and under their sole responsibility. This information should be used in conjunction with the specific data of their patient known only to the healthcare professional.
  • MedLight cannot be held liable for any inappropriate use that would contravene the principles set out above.

3.2. Application Modules

3.2.1. Modules Accessible in the Free Version:

  • OPIOID SWITCHER: Opioid Converter. The Opioid Switcher module provides healthcare professionals with a tool to calculate the theoretical equianalgesic dose of (Most frequently used opioids in palliative care). Equianalgesic dose calculation is based on information provided by pharmaceutical firms and/or evidence-based medicine from scientific literature. Additionally, Opioid Switcher offers a dose reduction calculation during opioid conversion, following recommendations from specific literature.
  • CORTICODOSE: Corticosteroid Converter. Corticodose allows healthcare professionals to compare the mineralocorticoid potency of various glucocorticoids. The module also provides essential information on the half-life of each corticosteroid.

3.2.2 Modules Accessible in the “Premium” Paid Version (Orthodose Pro):

  • RESCUE DOSE: Opioid Rescue Dose Calculation In palliative care. The opioid rescue dose, also known as the breakthrough dose, is administered during an attack of paroxysmal pain. The “Rescue Dose” tool, based on palliative care calculation rules, offers a standardized calculation of the rescue dose.
  • BENZO SWITCHER: Benzodiazepine Converter The “Benzo Switcher” module provides healthcare professionals with calculations for converting one benzodiazepine to another, using reference ratios proposed in specialist literature and by experts. This information is intended for informational purposes.
  • MIX & MATCH: Drug Compatibility Checker for Continuous Infusion Pump “Mix and Match” assists healthcare professionals in determining the compatibility of drug combinations for use in the same syringe or infusion pump. It provides information on the feasibility of combining specific drugs but does not offer data on pharmacokinetic and/or pharmacodynamic drug interactions.
  • SUB-CUT: Drug Compatibility Checker for Subcutaneous Administration When oral administration is not possible, the subcutaneous route is often employed in palliative care. The “Sub-Cut” module offers a list of medications recognized as compatible for subcutaneous administration, as found in the medical literature.

Please note that the above-listed modules and their functionalities are subject to change by MedLight without prior notice. To access the additional modules and features available in the Orthodose Pro version, Users must subscribe to the premium version of the Application.

  1. FINANCIAL CONDITIONS

4.1. Basic Version

To access and use the Application, the User must have a compatible telephone or a mobile terminal with access to the Internet. The Application can be downloaded free of charge, in its basic version, from the “Apple Store” and “Google Play Store” platforms onto mobile devices using compatible OS versions.

The software version of the Application may be updated from time to time to add new functions and services.

4.2. Premium Version – Orthodose Pro

Subscription to the premium version of the Application, known as Orthodose Pro, allows the user access to the following modules:

  1. RESCUE DOSE: Opioid rescue dose calculator.
  2. BENZO SWITCHER: Benzodiazepine converter.
  3. MIX & MATCH: Checks the compatibility of a drug combination for a continuous infusion pump.
  4. SUB-CUT: Checks the compatibility of drugs administered subcutaneously.

The premium version, Orthodose Pro, provides access to additional molecules not present in the OPIOID SWITCHER of the basic version.

4.3. Access to the Premium Version

The conditions of subscription to the premium version depend on the mobile terminal used by the User. The User should refer to the general conditions of sale that can be accessed on the “Apple Store” and “Google Play Store” platforms.

4.4. Subscription Duration and Auto-Renewal

The Application is licensed, not sold, to users. License to each App is subject to your prior acceptance of the Application’s End User License Agreement, and user must confirm he is a healthcare professional.

The subscription to Orthodose Pro is valid for one person identified by a single email or his Apple or Google sign-in account. The personal license can be used on up to 3 personal devices (smartphones or tablets). The subscription is valid for one year from the date of purchase and follows an auto-renewable model. Users who opt for the premium version will have their subscription automatically renewed at the end of the one-year period unless they decide to cancel the subscription through the Apple/Android store before the renewal date.

4.5. Subscription Cancellation and Restoration

Users who wish to stop the subscription to Orthodose Pro can do so through the Apple/Android store. Once the subscription is canceled, the User will retain access to the premium version until the end of the current subscription period for which they have already paid.

If a User decides to re-subscribe to Orthodose Pro after canceling or logging out, they can restore their previous purchase by logging in and entering their email or Apple/Android sign-in, depending on the operating system and smartphone used.

4.6. Modification of Premium Version Features

MedLight reserves the right to modify the features and functionalities offered in the premium version of the Application, Orthodose Pro. Such modifications may include adding or removing modules, content, or services. Users will be notified of any substantial changes to the premium version in advance. However, MedLight shall not incur any liability for such modifications.

  1. ACCESS TO THE APPLICATION

MedLight reserves the right, at any time and without prior notice, to:

  • Suspend, interrupt, or limit access to all or part of the Application.
  • Reserve access to the Application, or to certain parts of the Application, for specific categories of Users.
  • Suspend the Application to perform updates.
  • Update the Content.
  • Delete all or part of the Content.

MedLight reserves the right to deny access to the Application to anyone or to any given geographic area, for any reason, and at any time.

  1. SOURCE OF MEDICAL DATA

The data used for the development of Orthodose© refer to the international scientific literature available in JULY 2023. A non-exhaustive list of the scientific literature used for the development of Orthodose© is available in the “medical literature” tab. The medical literature is a constantly evolving source of information, and updates are performed regularly without a guarantee of completeness. The Application cannot be used as the User’s sole source of information. MedLight informs the User that, given the nature of the information contained in the Application and the different sources used, omissions or erroneous information may exist. In such cases, Orthodose© cannot be held liable.

  1. LIABILITY

7.1. Access to the Application

Despite all his efforts to offer the quality app, MedLight makes no warranty as to the performance of the Application and the availability of the Services. MedLight cannot be held liable for any failure, breakdown, difficulty, or interruption of operation, preventing access to the Application or any of its features.

MedLight reserves the right to modify or terminate the Services or the User’s access to the Application, for any reason, at any time, without prior notice, and without incurring any liability whatsoever.

The equipment used by the User to connect to the Application is under their sole responsibility. The User must take all appropriate measures to protect their equipment and their own data.

The User acknowledges that they are aware of and accept the characteristics and limitations of the Internet network, including but not limited to:

  • Problems related to connection and/or access to the Internet and/or websites.
  • Problems related to network availability and congestion.
  • Problems related to network failure and saturation.
  • Problems related to transit time, access to information posted online, response times to display, consult, interrogate or otherwise transfer data.
  • The risks of interruption.
  • The absence of protection of certain data against potential misappropriation or piracy.
  • The risks of infection by potential viruses circulating on said networks, etc.

For the above-mentioned aspects, MedLight cannot be held liable.

MedLight cannot be held liable for any direct or indirect damage that could result from accessing the Application, its use, or accessing third-party sites to which it refers through hypertext links.

In particular, MedLight cannot be held liable for:

  • Inaccessibility, loss of data, deterioration, destruction, or viruses that could affect the User’s computer equipment and/or the presence of viruses on the application or third-party sites to which the Application refers through hypertext links.
  • The content of third-party sites or the content to which third-party sites may refer, over which MedLight has no control whatsoever.

MedLight cannot be held liable for any direct or indirect damage or harm of any nature whatsoever suffered by the User or by a third party due to:

  • Use of the Application and its Services.
  • The Content and/or use of sites linked to the Application or to which Users could have access through the said application.
  • Non-compliance by the User with these terms and conditions.

If MedLight were to be the subject of an amicable or legal procedure due to the use of the Application by the User, MedLight reserves the right to take action against the User to obtain compensation for all damages, sums, convictions, and costs that could result from this procedure.

7.2. Liability for Medical Use

Orthodose© is exclusively reserved for medical use. MedLight cannot be held liable for any use made by an unqualified person of the data obtained from the application.

The Orthodose app is supervised by a medical physician; however, despite all their efforts, no guarantee is given as to the accuracy, precision, or completeness of the information and the Content made available. Therefore, the use of Orthodose© does not exempt the User from verifying the information available using other medical sources.

MedLight cannot be held liable for any misuse or entry of erroneous data. MedLight declines any responsibility with regard to the information offered on its Application, particularly in the event that these data, provided solely for information purposes, may have been used without discrimination in violation of the rules of use specified in Article 3.1 of the T & Cs.

The attending physician is solely and entirely responsible for prescription and monitoring of prescriptions. It is up to them to adapt these to each of their patients since the Orthodose Application does not in any way take into account personal and specific patient data.

The information provided by Orthodose© never replaces the clinical judgment of the practitioner. MedLight© can in no way be held liable for an inappropriate use of data that contravenes the rules specified in Article 3.1 of the T & Cs.

7.3. Connection Fees

The Application is available for download free of charge in its basic version, excluding the subscription costs of the mobile telephone operator, excluding Internet connection and access costs, and excluding any additional costs invoiced for loading data and any other use of the Application.

The User will bear all potential costs related to the use of the Application.

  1. INTELLECTUAL PROPERTY

The Orthodose© brand, the entire Application and all its components (including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software) are the property of MedLight or its licensors and are protected by intellectual property laws.

MedLight is the exclusive owner of all intellectual property rights relating to the Application and its Content, the User acquiring no intellectual property rights in the Application, the Content, and/or the Services.

In this context, it is recalled that it is strictly forbidden for any User and for any third party to exploit, free of charge or for a fee, all or part of the Content of the Application, in particular by reproducing it, by representing it, by adapting it, and this, by any means or medium, known or unknown at the date hereof, on any format, and by any currently known or future technical processes.

It is moreover strictly prohibited to assign or license all or part of the Application’s Content, the related intellectual property rights of which remain the full and exclusive property of MedLight.

The User expressly agrees not to sell, rent, sub-license, or distribute in any way the Application and/or the Content to third parties.

None of the provisions of the T & Cs may be interpreted as a full or partial assignment, transfer, sale, concession, license, loan, lease, or operating authorization granted directly or indirectly by MedLight for the benefit of the User on the Application its Content, and/or the Services.

In addition, the User is strictly prohibited from accessing and/or using the source codes of the Application and/or of the software components of the Application.

The User undertakes not to set up systems to hack the Application and/or the Content in whole or in part, or which are likely to violate these T & Cs, nor to use software or devices liable to disrupt the proper operation of the Application, nor to take any action likely to impose a disproportionate load on MedLight’s infrastructure.

The User agrees to inform MedLight as soon as they become aware of an act of piracy and in particular of any illegal or non-contractual use of the Application and/or the Content regardless of the mode of distribution.

The User expressly undertakes to download the Application onto their equipment exclusively for personal and non-commercial use and so that use of the Application does not in any way infringe the rights of MedLight, and in particular that this use does not constitute an act of counterfeiting of, or of unfair or parasitic competition with, the Content.

It is formally prohibited to design a product similar to the Application or to create a derivative thereof, and more broadly to be guilty of parasitism, acts of imitation, denigration, or any other act constituting unfair competition.

If necessary, MedLight reserves the right to summon the User to obtain full compensation for the damage caused to the company by the User.

  1. PERSONAL DATA AND PRIVACY

MedLight respects the privacy of its Users and complies with the GDPR (General Data Protection Regulation) and RGPD (Règlement Général sur la Protection des Données) European laws. The collection, processing, and use of personal data are subject to the Privacy Policy, which is an integral part of these T & Cs. By using the Application, Users consent to the collection and processing of their personal data as described in the Privacy Policy.

  1. INDEMNIFICATION

The User agrees to indemnify, defend, and hold MedLight harmless from and against any claims, actions, demands, liabilities, damages, losses, costs, and expenses (including legal fees) arising out of or related to their use of the Application, violation of these T & Cs, or infringement of any third-party rights.

  1. UNINSTALLATION OF THE APPLICATION BY THE USER

The User can uninstall the Application from their mobile at any time without notice. Consequently, the User will no longer be able to access the Application unless they download it again. To access an already paid pro version, the user will need to reconnect using email or Google or Android sign-in account.

The User will remain bound by the obligations defined by these T & Cs after uninstalling the application.

The uninstallation of the Application by the User has no effect on the legal obligation to retain data.

  1. MODIFICATION OF THE T & Cs

MedLight reserves the right to modify these T & Cs at any time and without prior notice. Any modifications will be effective immediately upon posting on the Application. It is the User’s responsibility to regularly review the T & Cs for any changes.

  1. TRANSLATION

These T & Cs are available in English and French. In case of inconsistencies between the two versions, the English version shall be the authoritative version.

  1. TERMINATION

MedLight reserves the right to terminate the User’s access to the Application at any time and for any reason, without prior notice or liability.

  1. GOVERNING LAW AND JURISDICTION

These T & Cs shall be governed by and construed in accordance with the laws of Belgium. Legal action must be preceded by an attempt at conciliation or mediation. Any dispute or claim relating to the execution or interpretation of these T & Cs, which cannot be settled amicably between the parties, will be submitted to the French Speaker Court of First Instance of the Brussels district.

  1. CONTACT

For any questions, feedback, or concerns regarding these T & Cs or the Application, Users may contact MedLight at:

MedLight, SRL Rue Franciscus Vandevelde 20, 1160 Auderghem, Belgium Email:XXX

By downloading and using the Orthodose© Application, Users agree to be bound by these T & Cs. If you do not agree with any part of these T & Cs, you must refrain from using the Application.

 

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