Quin B.V. Terms of Use consumer application

In the event of a medical emergency, please call your GP or go to the emergency room of the nearest hospital immediately.

Quin B.V. ("Quin", ‘we’, ‘us’) is a digital healthcare provider that supports people in choosing the right care at the right time. We do this by providing personal, reliable, and data-driven medical information about urgency, diagnosis and treatment options via our healthcare application, and related platforms (together: the "App").

Our Services (as defined below) allow users to:

• enter questions, symptoms and other information into an online symptom Assessment to receive healthcare and triage information;
• access an early-stage detection and warning system;
• access diagnosis and treatment indication information;
• share data with a medical specialist;
• check-in with a GP;
• access healthcare records; and
• access other digital healthcare tools that provide health and lifestyle information.

To make use of our Services you must read, agree with, and accept all of the terms and conditions contained in these Terms of Use. Please read these Terms of Use carefully.

1. DEFINITIONS

In these Terms of Use the following definitions are used:

1. Account: the personal account of the User which is administered by Quin, and which grants the User access to the App;
2. Agreement: the agreement between Quin and the User for the use of the App and the Services offered via the App;
3. Care pathway: The digital healthcare pathway that the User can follow in the App to outside the hospital receive the right (specialist) care at the right time;
4. Content: the collection of medical articles and information provided in the App;
5. GP: the general practitioner;
6. Intellectual Property Rights: all intellectual property rights and related rights such as copyright, trademark rights, patent rights, trade name rights, design rights, database rights and neighbouring rights, as well as rights to know-how and sui generis intellectual property rights;
7. Login Details: the username, pin and TOTP token with which the User obtains access to the App, and via the App, the Services;
8. Output: the output of the Services as described in article 5.1;
9. Services: the services offered by Quin via the App;
10. Terms of Use: these terms of use;
11. User: the natural person not acting in the course of their trade or profession, who is granted access to the App. Also referred to as “you”;
12. User Information: all information or materials provided by the User, including - but not limited to - personal data such as name and address details and medical information and documentation; and
13. Website: the website of Quin: quin.md, and all underlying or related webpages registered by or on behalf of Quin.

2. APPLICABILITY

1. These Terms of Use govern all the Services we provide to Users via the App. By entering into an Agreement within the meaning of article 3 you accept the applicability of these Terms of Use.
2. These Terms of Use do not apply to the services offered by Quin Dokters (and by extension the GPs connected to Quin Dokters).
3. These Terms of Use are made available to you via the App in such a way that they can be stored. These Terms of Use are also made available on the Website. At your request, Quin will send a copy of the Terms of Use free of charge by e-mail.

3. AGREEMENT

The Agreement between you and Quin comes into effect when you have completed the registration for the App in accordance with Article 8 of these Terms of Use, Quin has confirmed the registration to you via email or the App and you have accepted these Terms of Use. The Agreement is concluded for an indefinite period of time (‘Overeenkomst voor onbepaalde tijd’).

4. DESCRIPTION OF OUR SERVICES

1. Via the App we provide the following Services:

1. Content: the provision of a searchable collection of articles on medical conditions, symptoms, disorders and risks, and advice;
2. Symptom Assessment: through the symptom assessment, Quin is able to provide advice on the need for (immediate) medical care based on information provided by you about your symptoms and complaints in the form of questions that we ask you in the App, in combination with statistical medical information on medical conditions and risks. In addition, a list of possible medical conditions corresponding with your symptoms will be shared with you and – if you agree thereto – your GP or a GP via Quin. The advice resulting from the Symptom Assessment is provided for information purposes only and is explicitly not intended to replace your GP's or healthcare professional's medical advice: we strongly advise you to always consult your GP or healthcare professional to discuss the results of the Symptom Assessment or any unclarities thereof. ;
3. My Health: the section of the App that consists of your medical profile, assessment reports, further diagnostic results and other reports (if you are engaged in a Care pathway via Specialist Care) and a contact module that allows you to have contact with your GP (if your GP is connected to our Services) or a medical specialist (if you are engaged in a Care pathway via Specialist Care);
4. Specialist Care:   The section of the App via which a medical specialist will be involved for further diagnoses of the Users health care complaints. The setting of the diagnoses and indication within Specialist Care will take place through a specific Care pathway and solely after consultation of your GP;
5. Video calling: the possibility to make a videocall (consult) with a health care professional through the App. This can be your own GP, or, with your consent, a health care professional selected for you by Quin based on availability.

2. Regardless of the outcome of our Services, you can always consult your GP, get a second opinion or go to the hospital. Our Services aim to support GPs and in no way are or aim to be a substitute for a physician or a healthcare professional.
3. The use of third-party services is sometimes required for the execution of the Services for a Carepathway. Such third-party services are always governed by the terms and conditions of the third parties;
4. Our Services are not suitable or intended for those younger than 18 years of age. If you are under 18 you are not allowed to use our services.

5. OUTPUT OF THE SERVICES

1. The output of our Services is based on the User Information you provide, combined with general statistical information about medical conditions, general health and lifestyle information, and general information on possible risk factors ("Output"). Providing incorrect, outdated, or incomplete User Information may negatively affect the Output made available to you and may even lead to incorrect or incomplete advice. Therefore, Quin does not give any warranties regarding the Output of our Services.
2. Only the Output of (i) Specialist Care, and (ii) Videocalling with a GP of Quin, constitutes actual medical advice, setting of diagnoses and indication and/or treatment. The Output of all otherer Services we provide does not in any way constitute as actual medical advice, setting of diagnosis, or treatment, but solely as guidance therefore. Any medical advice provided to you by your GP via our Services (per direct message or Video calling) constitutes as medical advice from your GP for which our Services only offer the capabilities.
3. If you have questions regarding the Output or if you intend to make decisions that may affect your health based on the Output, you should always discuss the Output with a qualified medical professional such as your GP or a GP from Quin.
4. You should not stop or start taking medication or treatment based on the Output of our Services, other than after consultation of a GP from Quin via Videocalling or if this is the Output of the Specialist Care you received.
5. You are responsible for (i) asking advice from your GP if indicated by the Output or if you have reason to do so, (ii) following your GP’s advice or the advice of a GP from Quin after using our Services, and (iii) timely performing the tasks and actions you are required to fulfil within Specialist Care.
6. The Output of the Services is provided in Dutch and English only. If you have difficulty understanding these languages, our Services are not suitable for you. Please do not use our Services in that case.

6. YOUR INFORMATION AND PRIVACY

For information about how we handle your personal (medical) information with regard to our Services please see our Privacy Statement.

7. LINKING TO A GP AND USING SPECIALIST CARE

1. 1. As part of our Services, we offer you the possibility to link your Account to your GP, provided that your GP is connected to our Services. In such case, we provide the possibility to after consultation with your GP, engage in our Care pathways within Specialist Care.
   2. Without your prior consent, we will not share or exchange User Information with your GP or, in the event you engage in a Carepathway through Specialist Care, the therewith involved health care providers and medical specialists.
   3. If you wish to link your Account to your GP and/or use Specialist Care you must:
      a. fill out the details of your GP;
      b. give explicit consent to Quin for sharing with your GP and the healthcare providers and medical specialists involved in the Specialist Care provided to you.; and
      c. give explicit consent to Quin for using information that is collected and recorded by your GP and/or the healthcare providers and medical specialists involved in the Specialist Care provided to you.
   4. You may withdraw your consent as set out under 7.3(b) at any time by sending an email to privacy@quin.md. Also, you may at any time decide to no longer engage in your treatment through Specialist Care. After receipt of such withdrawal of consent or withdrawal from treatment Quin will stop sharing your data with your GP and/or the healthcare providers and medical specialists involved in the Specialist Care provided to you. However, withdrawal of consent does not affect the information we have already shared with your GP and the healthcare providers and medical specialists involved in the Specialist Care provided to you and might negatively affect the further provision of our Services (especially if you withdraw consent to share information with your GP but remain engaged in a Care pathway within Specialist Care).
   5. If your GP is not connected to our Services, if you do not give consent or if you withdraw your consent to the sharing of your information with your GP, Quin cannot provide you with all our Services.

8. YOUR ACCOUNT AND USE OF THE SERVICES

1. In order to use the Services, you need an Account and a mobile phone or other device with internet access. To create an Account, you must follow the registration process available via the App Store (IOS) or Play Store (Android) and fill out your name and email address. It is not possible to create more than one Account per email address. If you experience any problems with your Account, please contact us at hello@quin.md.
2. Upon completion of the registration, Quin shall provide you with Login Details. After logging in for the first time, you may change your Login Details. You are responsible for maintaining secrecy regarding your Login Details. As soon as you know or have reason to suspect that your Login Details have been compromised, you must inform Quin without delay and without prejudice to your own obligation to take immediate and effective action, such as changing your Login Details.
3. As a User of our Services, you must:
   a. ensure that the User Information you provide is accurate, complete, and legally valid, and does not infringe any other persons’ rights;
   b. provide the User Information in understandable Dutch or English;
   c. check from time to time whether the User Information you have provided is still correct, up to date and complete, and update or amend this information where necessary.
4. When using the App, you shall not:
   a. use the App for or on behalf of anyone else;
   b. make commercial use of the App, for instance by selling access to the App or by selling the Output provided to you through the App;
   c. use the App for any unlawful purpose, to promote illegal activities or to create competing products;
   d. probe, scan or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures, including those that prevent or restrict the use or copying of the App or of the Content;
   e. decompile, decode, de-assemble, modify, copy or reformat the App, create derivative works, or reverse engineer the App, except as expressly permitted in these Terms of Use or under applicable law; and/or
   f. use the App to store or transmit malicious codes or viruses.
5. Our Services are exclusively designed to comply with Dutch laws and regulations. We accept no responsibility for foreign laws and regulations governing the access to and use of our Services. If you wish to use our Services while you are abroad, please check whether your country or region allows the use of our Services.

9. TECHNICAL REQUIREMENTS REGARDING THE USE OF THE APP

Quin may at all times make functional, procedural or technical changes or improvements to the Services, including the App and login procedure. We may from time-to-time change, update and improve the App and our Services in the form of new or modified functionalities, including new components, features and bug fixes. We may charge (extra) fees for the use of certain changes to or enhancements of the App, such as new functionalities. We recommend that you always use the latest version of the App. Installation of the latest version may be necessary for continued use the App.

10. INTELLECTUAL PROPERTY

1. The Intellectual Property Rights in relation to the Services, including the Intellectual Property Rights on the App and the Content, are held by Quin or its licensors. Nothing in the Terms of Use is intended to entail any transfer of Intellectual Property Rights to you.
2. Quin grants you a limited, personal, revocable, non-exclusive, non-sublicensable and non-transferable right to access the App and use the Services in accordance with the Terms of Use. In case of a breach of these Terms of Use, Quin may revoke that right with immediate effect.
3. You may not remove or alter any logos, tradenames, disclaimers, warnings, copyrights or other proprietary notices made available in the Output with which you are provided.

11. WARRANTIES AND LIABILITIES

1. We exercise a reasonable level of skill and care in providing you with the App and our Services. However, we do not warrant any specific quality or availability of the App and our Services (the App and our Services are provided on an “as is” and “as available” basis). We cannot guarantee that the App and our Services will be suitable for the purposes for which you intend to use them. We cannot give any warranty, either express or implied, regarding the content, completeness, or accuracy of medical information you receive through our App.
2. Each and every use of the Services is for your own risk and responsibility. Quin is not liable for loss, damage, inaccuracy and/or incompleteness of the Services provided.
3. Quin will make every effort to ensure that the App functions without technical faults. Quin does not guarantee the availability of the App or that the App is free of defects and will operate without interruptions.
4. Quin, affiliates, managing directors, employees, suppliers, and agents are in no event responsible or liable for malfunctions in the Services caused by the internet, the telephone connection, a server, or viruses.
5. Quin, affiliates, managing directors, employees, suppliers, and agents are in no event liable for any indirect or consequential loss or damage, loss of business, loss due to internet failure, lost or damaged data, or any loss or damage arising from failure on your part to comply with these Terms of Use, our advice or our instructions.
6. Quin is only liable for losses arising from or in any way related to these Terms of Use up to the amount paid by our insurance company in respect of the relevant harmful event.
7. The aforesaid limitations and exclusions of liability do not apply to losses or damages resulting from intent or wilful recklessness at the part of Quin, or in the event of loss resulting from personal injury, death or damage to property caused by defective products for the supply of which we are legally responsible.
8. You guarantee that you will not use the Service and/or the Output in a way that:
   a. infringes the rights of Quin or third parties and/or are wrongful vis-à-vis third parties, including but not limited to Intellectual Property Rights or rights in relation to the protection of privacy;
   b. is contrary to any current legislation or regulations; and/or
   c. is contrary to any provision in these Terms of Use.
9. Any claims arising in connection with your use of the Services must be brought within 1 year of the date of the event giving rise to such action occurred.

12. INDEMNITY

You agree to defend, indemnify, and hold Quin, its affiliates, officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your access to or use of the App and the Services in violation of these Terms of Use.

13. COMPLAINTS AND DISPUTES

1. Please do not hesitate to contact us if you have any complaints, questions or suggestions regarding the App, our Services or these Terms of Use. You can find our contact details at the end of these Terms of Use. We will endeavour to investigate and resolve your complaints as soon as reasonably possible. In order to do so we may need you to provide us with additional information about the complaint. We will inform you of our actions following your complaint.
2. Please do not hesitate to contact us if you have any complaints, questions or suggestions regarding the App, our Services or these Terms of Use. You can find our contact details at the end of these Terms of Use. We will endeavour to investigate and resolve your complaints as soon as reasonably possible. In order to do so we may need you to provide us with additional information about the complaint. We will inform you of our actions following your complaint.

14. FINAL PROVISIONS

1. The Agreement between you and Quin and the use of the Service are governed by Dutch law.
2. Quin is at all times entitled to modify these Terms of Use. Modifications will be announced via the App before they come into effect. By continuing to access or use the Services after we have modified these Terms of Use, you agree to be bound by the modified Terms of Use.
3. The nullity or invalidity of any provision in these Terms of Use does not affect the validity of other provisions in these Terms of Use. Quin will replace the null or invalid provision with stipulations that are valid and whose legal consequences, in view of the content and purport of these Terms of Use, correspond as much as possible with those of the null or invalid provision.
4. You can terminate the Agreement immediately and free of charge at any time by uninstalling the App and requesting Quin by e-mail (hello@quin.md) to cancel your Account. Upon termination, we will retain your data in the manner described in our Privacy Statement.
5. Quin can terminate this Agreement at its sole discretion at any time by sending a message to the User via the App or e-mail. 
6. Upon termination of the Agreement, for whatever reason, the User's right to use the Services lapses immediately and access to the App is immediately denied. Quin remains entitled to use all Output that was generated by the use of the Services by the User. Quin will, at the User's first request, remove or anonymize all such
7. If you fail to comply with these Terms of Use and we do not take immediate action, that does not constitute waiver of any right we may have (such as the right to take action in the future).
8. If we intend to transfer any of our rights and obligations under these Terms of Use to a third party, we will notify you thereof. Such transfer will not affect your rights and obligations under these Terms of Use.
9. Only you can enforce these Terms of Use. You may not assign your rights and obligations under these Terms of Use without our prior written consent

CONTACT DETAILS

Quin is B.V. located at Stadhouderskade 55, 1072 AB Amsterdam, the Netherlands and registered at the Dutch Chamber of Commerce under number 62575090.

If you have any questions, comments or complaints regarding our Services, please contact us by sending an e-mail to hello@quin.md. We can be reached on weekdays between 9 AM and 5 PM. For privacy-related questions, please contact our Data Protection Officer at privacy@quin.md.