These terms of use apply when you use the Luscii application for home measurements and/or communication with your healthcare provider. By using the application, you agree to the terms below.

The application is offered to you as a patient or as a legal representative of a patient (for example your child) by your healthcare institution on the prescription of one of its healthcare providers. The application is developed by Luscii Healthtech B.V. The application is solely intended to support your treatment and is not a replacement for emergency care or regular care.

Do you have complaints and need urgent care? Then take action immediately and contact your healthcare provider or call 999, 911 or 112 in an emergency!

The (measurement) data that you enter in the application is checked and analyzed by your healthcare institution. If your (measurement) data give reason to do so, your healthcare provider can take action, for example by contacting you. We recommend that you carefully read these terms of use, the Privacy Statement and other documentation about the application (see https://www.luscii.com/help) before you start using the application. We may, through your healthcare provider or otherwise, provide you with additional instructions and directions regarding the use of the application. You must at all times follow the instructions and directions from us and/or your healthcare provider regarding the use of the application.

Article 1. Definitions

The capitalized terms in these terms of use always have the meaning assigned to them (both in the singular and in the plural).    

1.1. Account: the personal account with which You gain access to the Application.

1.2. Agreement: the agreement between You and the Healthcare Institution on the basis of which Luscii will deliver the Application of which the Terms of Use form an integral part.

1.3. Application: the application that Luscii will provide for the Healthcare Institution and to which You have gained access via the Healthcare Provider. The application includes, but is not limited to, facilitating home measurements, providing education and enabling communication with the Healthcare Provider.

1.4. Confidential Information: non-public information related to one or both Parties and information of which a Party indicates that this information is confidential, or information of which Parties should reasonably have known the confidential nature given the nature or content of the information.

1.5. Data: the (measurement) data and other information stored by You in the Application.

1.6. Healthcare Institution: The healthcare institution that provides you with the application as a patient or as a legal entity representative of a patient (for example your child) on the prescription of one of her healthcare providers.

1.7. Healthcare Provider: employee of Healthcare Institution and/or employee of others on behalf of Healthcare Institution, who receives (measurement) data from You via the Application. The use of the Application takes place for the provision of direct care.

1.8. Intellectual Property Rights: all rights (of intellectual property) including but not limited to copyrights, database rights, domain names, trade name rights, trademark rights, design rights, neighboring rights, patent rights, as well as rights to know-how.

1.9. Luscii: Luscii Healthtech B.V.

1.10. Measuring equipment: the equipment used to take remote measurements (for example a blood pressure monitor).

1.11. Parties: You and Healthcare Institution together or separately.

1.12. Terms of Use: these terms and conditions.

1.13. You: the natural person not acting in the exercise of a profession or business, who has gained access to the Application on the prescription of the Healthcare Provider and uses the functionalities of the Application.

Article 2. General provisions

2.1. The Application was developed by Luscii. You can only use the Application on the prescription of a Healthcare Provider affiliated with us and for the treatment for which the Healthcare Provider has prescribed the use of the Application. The use of the Application is part of the provision of direct care by your Healthcare Provider and/or Healthcare Institution.

2.2. To use the Application, you must download the Application from the Apple App Store or Google Play Store. In addition to the provisions included below, Apple or Google may impose conditions on obtaining the Application. Consult the terms and conditions of Apple's Appstore or Google Playstore.

2.3. The Application allows you to carry out measurements at home and share this Data with the Healthcare Provider. You can also follow education and communicate with the Healthcare Provider.

2.4. The Application is not a replacement for regular care or emergency care but serves solely to support your treatment. The Healthcare Provider analyzes and assesses - whether or not together with a medical team from the Healthcare Institution - the Data that you provide via the Application.

2.5. If there is a (medical) reason to contact You based on that Data, as well as the data in Your medical file, the Care Provider will do this within a reasonable time frame that is necessary based on the Data. You are responsible for assessing whether you can wait for this or whether you need emergency care. If you need urgent care, please contact your healthcare provider, GP or call 999 or 112 in an emergency.

2.6. The information in the Application is intended to provide support in using the Application. You can also find information about your treatment and/or condition. The information is expressly not intended as medical advice. If you have any questions about the information, or in response to it, you can contact the Care Provider.

2.7. The content of the Application has been compiled with the greatest care. Healthcare Institution does not guarantee that the data and information provided in the Application are free of errors or imperfections.

2.8. You must be 18 or over to accept these terms and use the App, otherwise you must obtain parental consent. These Terms of Use apply to the person(s) who is being provided with direct care by the Healthcare Institution.

Article 3. Account

3.1. To use the Application you need an Account. The healthcare provider will provide you with login details.

3.2. It is Your responsibility to ensure that the login details are kept confidential.

3.3. An Account is personal and may not be shared with another person. The use of the Account is Your responsibility.

3.4. If login details of an Account have been lost or leaked, You will immediately take all measures that are reasonably necessary and desirable to prevent misuse of the Account. These measures may, for example, consist of changing the password or blocking the Account. You will also immediately report this to the Care Provider, so that additional measures can be taken to prevent misuse of the Account.

Article 4. Rules of use

4.1. It is not permitted to use the Application for actions that are contrary to Dutch or other applicable laws and regulations. This includes storing or distributing information via the Application that is libelous, defamatory or racist.

4.2. If the Healthcare Institution determines that You are violating the above conditions, or receives a complaint about this, the Healthcare Institution may intervene itself to end the violation.

4.3. If, in the opinion of the Healthcare Institution, nuisance, damage or other danger arises for the functioning of the computer systems or the network of the Healthcare Institution or third parties and/or of the Application, in particular due to excessive sending of e-mail or other data, leakage of personal data or activities of viruses, Trojans and similar software, the Healthcare Institution is entitled to take all measures that it reasonably considers necessary to avert or prevent this danger.

Article 5. Responsibilities of Healthcare Institution

5.1. Healthcare Institution makes every effort to ensure that the Application is available and that it functions properly. This will cause updates and upgrades to be performed. Healthcare Institution cannot guarantee that You always have unhindered access to the Application and can make undisturbed and uninterrupted use of the Application. Healthcare Institution does not guarantee that the Application or parts thereof will work without interruption, errors or defects, or that all errors or defects can always be resolved.

5.2. Healthcare Institution ensures that the Application is adequately secured and that the Application complies with the norms and standards that apply to medical devices. You can find more information about the security measures regarding the Application in the Privacy Statement of the Application.

Article 6. Your Responsibilities

6.1. You may only use the Application for the purpose for which the Application was prescribed to You. The use of the Application is personal and non-transferable.

6.2. You are solely responsible for ensuring that the Data You enter into the Application is accurate, complete, current and relates solely to You. Your Healthcare Provider and any other persons involved in your treatment base their advice and further treatment on the Data. Healthcare Institution recommends that you always check the Data carefully, even when it comes from a Measuring Device that you link to the Application.

6.3. You are responsible for the device on which the Application can be installed and for a working internet connection. Healthcare Institution can provide a tablet or other device, with or without the intervention of another organization. In all cases, you must ensure that the device and internet connection are sufficiently secured and in any case are provided with a password and/or PIN code that is known only to you.

Article 7. Measuring equipment

7.1. Healthcare provider can prescribe measuring equipment for measurements in the Application. You must use the Measuring Equipment according to the instructions of the Care Provider. You must report any questions, defects or complaints to the Care Provider immediately.

7.2. The Measuring Equipment supplied by the Healthcare Provider remains the property of the Healthcare Institution or Healthcare Provider. You agree to careful use and maintenance of the Measuring Equipment in accordance with the instructions of the Healthcare Provider.

7.3. In some cases you can use your own measuring device for the measurements in the Application, for example a thermometer or a scale. If you use your own device, you are solely responsible for the suitability of the device for its intended purpose.

7.4. Healthcare Institution may impose additional requirements on the device you use for the Application and/or on the Measuring Devices you use to perform measurements. The Apple App Store and/or Google Play Store lists the minimum operating system that the device you use for the Application must have. Additional requirements may also be imposed on, for example, a browser. You are responsible for ensuring that your (Measuring) device meets such additional requirements. The Care Provider reserves the right to reclaim the Measuring Equipment upon termination of the Agreement or if necessary for maintenance.

Article 8. Accessibility & support

8.1. Healthcare Institution takes complaints and reports regarding the Application very seriously. The Patient will immediately report any problems with the Application or Measuring Equipment to the Healthcare Provider.

8.2. Healthcare Institution will provide a reasonable level of support with regard to substantive medical questions and questions about the use of the Application. The Patient can also contact Luscii Support for questions about the use of the Application. Luscii always forwards medical questions to the Healthcare Institution.

8.3. Luscii Support can be reached as follows:

• • Telephone: +31 85 1305
  • Email: support@luscii.com
  • Contact form on the website

8.4. Luscii has a FAQ page for frequently asked questions: www.luscii.com/help.

Article 9. Personal data

9.1. Healthcare Institution processes personal data to provide the Application. Healthcare Institution will take into account the requirements of the legislation when processing. Information about how Healthcare Institution handles personal data can be found in the Privacy Statement in the Application.

Article 10. Confidentiality

10.1. The information that You place in the Application via the Account is in any case Confidential Information.

10.2. Both Parties will keep Confidential Information strictly confidential and will only use it to the extent necessary for the use of the Application.

Article 11. Intellectual Property Rights

11.1. All Intellectual Property rights relating to the Application rest and remain vested in Luscii and/or its licensors.

11.2. You are granted a personal, revocable, non-exclusive, non-sublicensable and non-transferable right to use the Application in accordance with these Terms of Use for the term of the Agreement.

11.3. You must refrain from actions that infringe the Intellectual Property Rights of Luscii and its licensors. It is not permitted to reverse engineer, modify, compress, copy or reproduce (parts of the) Application and the content of the Application without prior written permission from Luscii and/

or its licensors.

11.4. If you send information to your Healthcare Institution, for example feedback about an error or a suggestion for improvement, you grant your Healthcare Institution an unlimited and perpetual right to use this information for the Application and other services. This does not apply to information that you expressly mark as confidential and the use of which is not necessary in the context of legislation or regulations.

Article 12. Data

12.1. Data that You enter or process via the Application is and remains Your property. Control over the Data therefore rests with you at all times. View the Privacy Policy in the Application.

Article 13. Compensation

13.1. You do not have to pay a fee for the Application.

Article 14. Duration and termination

14.1. The Agreement takes effect from the moment you use the Application by downloading it on your smartphone or tablet and is entered into for an indefinite period.

14.2. You can terminate the Agreement at any time by deactivating the Account from the Application, or requesting the Healthcare Provider to deactivate your account.

14.3. The Care Provider may or may not decide together with You to close access to the Application, as a result of which You can no longer use the Application. This is possible, for example, when the Care Provider is of the opinion that measurements are no longer necessary for the treatment.

14.4. Access will be terminated when the Account is deactivated.

14.5. At Your request, which must have been submitted to the Care Provider before or at the time of cancellation, the Care Provider will make a copy of the Data available to You.

Article 15. Changes

15.1. Healthcare Institution may adjust these Terms of Use from time to time, for example due to changes in legislation and regulations. In that case, the Healthcare Institution will inform you about this at least thirty days before the new Terms of Use come into effect. Healthcare Institution can do this by including a message in the Application or by sending you an e-mail or letter. If you do not agree with the change in the Terms of Use, you can contact the Healthcare Provider. The Care Provider will investigate with you whether the use of the Application can be continued. If you do not contact your Healthcare Provider before the date of entry into force, the Healthcare Institution will assume that it has accepted the changes.

Article 16. Other provisions

16.1. Healthcare Institution can transfer the obligations under these Terms of Use in whole or in part to a third party.

16.2. If any provision of the Terms of Use is void, voided or unenforceable, this shall not affect the validity of the remaining provisions.

16.3. English law applies to these Terms of Use. Disputes regarding these Terms of Use will be handled in accordance with the dispute settlement procedure that also applies to the provision of direct care between you and the Healthcare Provider. In the absence of a choice of forum, the court of the district where you reside has jurisdiction to hear disputes relating to these Terms of Use.