General Terms and Conditions for Use of Digital Buddy
Last modified on 1 March 2022
Better Today (“Better Today”, “we”, “us”) provides products and services that encourage people with chronic illnesses to take more control of their own lives in order to improve their health and quality of life.
How nice that you are using or plan to use these products and services. Be aware that when you use our services and products, you explicitly agree with these Terms and Conditions for Use of Digital Buddy (“Terms and Conditions”). Therefore, please read these Terms and Conditions carefully.
Article 1 – Definitions
- Application: the Digital Buddy platform: the Website and the availability of functionality via apps;
- Appstores: the place made available by third parties where apps are made available and can be downloaded (IoS or Android);
- Services: making the Application available, Data and Maintenance of the Application;
- General Terms and Conditions: these General Terms and Conditions of Use of Digital Buddy, together with the documents referred to in these General Terms and Conditions;
- User(s): people to whom Better Today offers the opportunity to make use of the Application and Service and who have for that purpose created a user account for the Application;
- Partners: organizations with which Better Today collaborates, consisting of Stichting BETTER Lifestyle, patient associations and universities as well as commercial organizations which endorse Better Today’s objectives and which make Applications and Services available to Better Today or which make use of Better Today’s Services.
- Parties: Better Today, Users and Partners jointly;
- Data: all data, content and information entered into the Application by User(s) and/or third parties – with the exception of Better Today and/or third parties designated by it;
- Service desk: Better Today’s service desk where User(s) can go from 09:00 to 17:00 on Monday to Friday (except on national holidays) with questions about the Application. The service desk responds as quickly as is reasonably possible and supports the User(s) as best as is reasonably possible;
- Maintenance: the maintenance performed by Better Today with respect to the Application, including support by means of the Service Desk;
- Website: the website of Better Today https://bettertoday.nl as well as all underlying webpages.
Article 2 – General
- These General Terms and Conditions apply to use and access of our Application and the Service.
- The latest version of these General Terms and Conditions can always be found on our Website https://bettertoday.nl, where you can also download and print them. We will send these Terms and Conditions to the User by e-mail upon request. If you do not agree with these General Terms and Conditions, you should not use our Application and Service.
- We have the right to change these General Terms and Conditions unilaterally. The User agrees that the latest version of these Terms and Conditions shall always apply. If a material change occurs, we will inform the User about it via our Application and Website.
Article 3 – Use
- For the purposes of using the Application and the Services, each User will be assigned a user name and password. Users may not make these available to others under any circumstances and must keep the user name and password combination secret.
- We have the right to block a User’s account. We will do so if it becomes apparent or if we have a reasonable suspicion that one or more User accounts are being used in breach of the law, the General Terms and Conditions or the documents referred to in the General Terms and Conditions.
- We have the right to discontinue the Application and Services or any part thereof temporarily or permanently if we believe that this is in the interests of one or more of the Parties. A partial suspension will be communicated in the Application and on the Website. A complete discontinuation will be communicated on the Website.
- As soon as the User knows or should reasonably know that the password has come into the hands of unauthorized persons, the User should inform Better Today of this immediately. This is without prejudice to the User’s own obligation to take effective measures as soon as possible, including changing the password.
Article 4 – Maintenance and availability
- We will ensure that the User is able to use the Application and Services as much as possible. We endeavor to make the Application available 24 hours a day, 7 days a week. If there are technical reasons limiting use, we will do everything within our power to resolve them. Because we make the Application available through Appstores, we are dependent on the speed of approval of our Application by these Appstores. As a result, it may take several days before a functional or technical problem is resolved.
- We reserve the right to take the Website and the information used in the Application (partially) out of operation for (planned) maintenance. A notification of this will be included in the Application and on the Website. Only in the event of an emergency can we (logically!) not give advance notice.
- In the event of questions regarding the Services and/or the Application, the User may contact the Service Desk available via the Application. The Service Desk will endeavor to answer the User’s questions within three (3) working days in the best way possible.
- User will notify Better Today as soon as possible if there is a malfunction in the use of the Application, such as error messages, unexpected quality reduction, failure of a component or functionality of the Application. User does this via email at firstname.lastname@example.org or via the Service Desk.
- We have the right to modify the Application and to change, delete or add certain features or functionalities of the Application.
- We will do everything within our power to ensure that the Services and Application function properly. We do not warrant that the Services and/or Application made available to the User are error-free, faultless or function without interruption. If they do not function properly, the User is asked to report this via e-mail at email@example.com or via the Service Desk.
- Better Today makes every effort, within its possibilities, to have all the Data of its Users available to the User(s). Better Today is not responsible and not liable for any loss of Data by its User(s), nor is Better Today in such a case obliged to carry out repairs.
Article 5 – Security
We attach great importance to the safety of the Application and the security of the Data. We therefore use extensive security systems and modern technologies to maintain the highest possible level of safety and security. We take the following measures in any case:
- we secure network connections with TLS (Transport Layer Security), or comparable technology, so that we always send Data securely to and from the relevant device;
- we secure the User’s personal data in line with the ISO 27001 standard
- we only give a limited number of Better Today team members access to the stored Data
- we have included a confidentiality agreement in all our contracts with employees and partners
- we store extra sensitive personal data, such as passwords, using encryption
- we automatically make a backup of all data in our database via a secure and encrypted connection. We make daily backups and keep each backup for one month;
- the user is responsible for using the latest (security) updates for the hardware used by him/her (phone, tablet, laptop, PC, etc.)
- in order to comply with the applicable data protection legislation, namely the General Data Protection Regulation (AVG), Better Today works with logging. We take into account the integrity and security, retention periods and the deletion and destruction of these files.
Article 6 – Intellectual property rights
The User only receives the right to use the Services and Application. No claim can be made to the intellectual property rights on the Services and Application which are and remain the property of Better Today. The right to use the Application and Services is based on these General Terms and Conditions and it is not permitted to transfer or license the right to use the Services or Application to any third party.
Article 7 – Privacy
Better Today’s starting point is that the User is the owner of his or her Data. Non-personally identifiable Data is only made available to Partners with the User’s consent in the Application. If (Scientific) research requires the provision of personal data to Partners, the User’s consent is explicitly requested in the Application for that research.
Article 8 – System requirements
For the use of the Application via an App
- iOS (latest three releases)
- Android (latest three releases)
For the use of the Website, an Internet connection is required. We fully support the following devices and browsers:
- Desktop: Chrome, Edge, Firefox (latest two releases)
- Mobile: Safari (iOS), Chrome (Android) (latest version)
- Tablet: Safari (iOS), Chrome (Android) (latest version)
We do not provide support for this software.
Article 9 – Nullity
If any part of the General Terms and Conditions is invalid or voidable, this will not affect the validity of the rest of the General Terms and Conditions. The void part will be replaced by a provision that follows the contents of the void provision as closely as possible.
Article 10 – Settlement of disputes
- These General Terms and Conditions are governed by Dutch law;
- All disputes which may arise from this or in connection therewith shall be submitted exclusively to the competent court in The Hague.
Article 11 – Questions
For questions or comments on these General Terms and Conditions please contact us via the details below.
General contact details Better Today
5121 MT Rijen
Dutch Chamber of Commerce 710 33 211
Contact Data Protection Officer
Rob ten Kroode
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