SlimmerZwanger

For women and couples who are pregnant and wish to participate in the HYGEIA study

Terms of Use

Introduction
The Slimmer Zwanger app is offered to you by Erasmus MC. These terms of use apply to the use of the Slimmer Zwanger app. By using the app, you agree to these terms of use.

Article 1. Definitions

  • App: A program that can be run on a mobile or other portable device, downloadable via the App Store and/or Google Play Store.
  • Service: The Slimmer Zwanger app, developed by or on behalf of Erasmus MC, offered as a Website and App. The Service provides (lifestyle) advice based on inputted data to improve health before and during pregnancy.
  • User: Any natural person who uses the Service or a part thereof.
  • Terms of Use: The conditions set forth in this document.
  • Intellectual Property Rights: All intellectual property rights and related rights, including but not limited to copyrights, database rights, rights to AI modules and decision rules, domain name rights, trade name rights, know-how rights, trademark rights, design rights, neighboring rights, and patent rights.
  • Party/Parties: The parties to the Agreement, User and Erasmus MC, individually or collectively.
  • Erasmus MC: Erasmus University Medical Center Rotterdam, registered with the Chamber of Commerce under number 24485070.
  • Agreement: The agreement established between User and Erasmus MC when the User registers; these Terms of Use are part of the Agreement.
  • Researcher: A researcher conducting medical-scientific research using the Slimmer Zwanger app.
  • Healthcare Provider: A provider delivering care to a patient using information recorded by the User in the App.
  • Website: The website where the Slimmer Zwanger app is available.

Article 2. Establishment of the Agreement
To use the Service, the User must first register via the website slimmerzwangeronderzoek.nl. If it is determined that the User qualifies for participation in the study, access to the Slimmer Zwanger app will be determined through randomization. The Agreement is established once the User registers in the App, completes the registration process, and accepts the applicable terms.

During the registration process, the User selects a username and password, which can be used to log in to the App after registration. The User is responsible for choosing a sufficiently secure password. Erasmus MC is not liable for misuse of login credentials and may assume that any User logging in via the Website or App is indeed the User.

Article 3. Use of the Service
The User is responsible for installing, initiating, and using the App and Website. Data entered or retrieved through the Service remains the property of the User or third parties who provided the data. The User may delete data and information from the Slimmer Zwanger app at any time. Erasmus MC cannot respond to individual requests from Users to restore data in cases of deletion or other loss by the User.

The Service involves the provision of an IT product for managing and storing personal health and lifestyle data and exchanging information with Healthcare Providers or other service providers. The Service explicitly does not provide medical care. The content of the Service, such as text, images, and other materials on the Website or App, is not intended as a substitute for professional medical advice, diagnosis, or treatment.

The User is solely responsible for the accuracy of the information provided for processing by or use within the Service. Healthcare Providers are responsible for the accuracy of the data they provide. Erasmus MC does not endorse any specific tests, doctors, products, procedures, opinions, or other information mentioned within the Service.

Article 4. User Rules
The User must use the Service in accordance with these Terms of Use and the purpose of the Service. The User must also follow all reasonable instructions from Erasmus MC regarding the use of the Service.

The User is specifically prohibited from performing the following actions related to the Service:

  • Reverse-engineering, decompiling, modifying the Service, or attempting to circumvent any mechanism that limits its use.
  • Lending, reselling, transferring, or sublicensing the Service.
  • Granting access to the Service to unauthorized third parties unless explicitly permitted by Erasmus MC through the Authorization feature of the Service.
  • Using the Service to publish or make available material that is unlawful, obscene, defamatory, threatening, intimidating, abusive, hateful, or embarrassing to another person.
  • Sending spam or other unsolicited material in violation of the law.
  • Impersonating another person.
  • Infringing on the Intellectual Property Rights of third parties.

If Erasmus MC determines that the User violates these Terms of Use or applicable laws, or if a complaint is received from a third party, Erasmus MC may take action to halt such usage. Erasmus MC may restrict or block access to and/or use of the Service if deemed necessary.

Article 5. Availability and Maintenance
Erasmus MC strives to ensure the Service is free of viruses, backdoors, or malicious routines and aims to make the Service available as much as possible but does not guarantee uninterrupted availability.

Erasmus MC reserves the right to modify and maintain the Service or any part thereof. Maintenance or modifications may result in temporary unavailability of the Service. Erasmus MC will endeavor to announce such restrictions in advance.

Updates to the App will be announced via notifications through the Apple App Store and Google Play. It is the User's responsibility to monitor these notifications. Updates are implemented through these platforms, requiring an active internet connection.

Updates require separate consent from the User. The execution of updates depends on the availability of the Apple App Store and Google Play, which are beyond the control of Erasmus MC. Erasmus MC is not liable for the proper execution of updates.

Article 6. Security and Privacy
Erasmus MC will only use the user’s data for the purpose for which the app is provided and will endeavor to adequately secure the Service against misuse and unauthorized access to the user’s data. Erasmus MC will implement (technical) measures to protect the Service. If Erasmus MC has implemented such security measures, the user is not permitted to bypass or disable these security measures.

When using the Service, the user’s personal data will be processed as described in the Privacy Statement. If Erasmus MC engages a third party to host or further develop the app, Erasmus MC will take appropriate measures to ensure that this third party complies with the GDPR and other applicable laws and regulations.

Article 7. Fees
The user is not required to pay any fees for the use of the Slimmer Zwanger app.

Article 8. Intellectual Property
All Intellectual Property Rights related to the Service, associated documentation, and any modifications and extensions thereof are and will remain with Erasmus MC or its licensors. During the term of the Agreement, the user will only obtain usage rights and permissions to the extent necessary for normal use of the Service.

Article 9. Liability
The Service is explicitly not intended as medical advice or consultation regarding the user’s health. Erasmus MC has no influence on the data the user enters or stores in the Service. Erasmus MC is in no way responsible for damages resulting from the use, incompleteness, or inaccuracy of the information displayed in the Service, insofar as this information is provided or generated by the user, other healthcare providers, or service providers.

Erasmus MC is also not liable for damages resulting from hacks, data theft, or other security breaches, provided Erasmus MC's security measures complied with applicable market standards at the time of the breach. Finally, Erasmus MC is not liable for damages directly or indirectly caused by the malfunctioning of the Apple App Store or Google Play Store.

Article 10. Force Majeure
Neither Party can be held accountable for failing to fulfill any obligation if circumstances beyond their control—unforeseen at the time of the Agreement—render compliance impossible (force majeure).

Force majeure includes (but is not limited to): internet disruptions or other public/private infrastructure failures; disruptions caused by cybercrime (e.g., DDoS attacks); failures by suppliers of Erasmus MC; defects in Erasmus MC’s equipment, software, or other resources; unavailability of personnel (due to illness or otherwise); government actions; transport issues; strikes; wars; terrorist attacks; civil unrest; and natural disasters.

Article 11. Linking with Third-Party Services
Erasmus MC does not endorse any websites linked through the Service. These links are provided for the user’s convenience, and Erasmus MC and its licensors will not be responsible for the content, products, or other materials available on such websites.

The user acknowledges that certain third-party providers of additional software, hardware, or services may require the user’s consent to additional or other licensing or terms before using such software, hardware, or services.

Article 12. Duration and Termination
The Agreement is established when the user registers on the Website or the App.

The Agreement may be terminated by either the user or Erasmus MC at any time.

After termination of the Agreement (for any reason), the user must cease all use of the Slimmer Zwanger app. The user must delete all copies (including backups) of the App from all their systems.

Erasmus MC will retain the user’s data for a maximum of 15 years from the last adjustment made by the user or healthcare provider to user-specific data, unless a longer retention period is required by law.

Article 13. Amendments
Erasmus MC reserves the right to amend or supplement these Terms of Use. Any amendments or supplements will be announced in the Slimmer Zwanger app at least 30 days before they take effect.

If the user does not wish to accept the amendments, they may submit a reasoned objection within 14 days of notification, after which Erasmus MC will reconsider the amendment or supplement.

If Erasmus MC decides to proceed with the amendment, the user may terminate the Agreement.

Article 14. Miscellaneous Provisions
Dutch law applies to the Agreement. This choice of law does not affect the protection the user is entitled to under the mandatory laws of their country of residence.

Unless otherwise prescribed by mandatory law, all disputes arising from the Agreement will be submitted to the competent Dutch court in the Rotterdam district.

If any provision of these Terms of Use is found to be invalid, this will not affect the validity of the entire Terms of Use. The parties will replace the invalid provision with a new provision that reflects the intent of the original provision as closely as legally possible.

In these Terms of Use, “in writing” also includes communication via email, provided the identity of the sender and the integrity of the email can be sufficiently established.

Erasmus MC may transfer its rights and obligations under this Agreement to a third party that acquires the relevant business activities or intellectual property rights from Erasmus MC.

For questions about these Terms of Use, please contact: slimmerzwanger@erasmusmc.nl