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TERMS of Use

TANITA App Universe

1.       RIGHT OF USE AND RESTRICTIONS

·         TANITA shall make the agreed version of the TANITA App Universe available to the Institute for use for the term of the Agreement under a license to use. The right to use the TANITA App Universe is non-exclusive, non-transferable, not capable of being pledged as security, and non-sublicensable.

·         TANITA's obligation to make the TANITA App Universe available and the Institute's right to use the TANITA App Universe extend exclusively to the TANITA App Universe itself. The Institute is under no circumstance entitled to use the source code of the TANITA App Universe, which shall therefore not be made available to the Institute.

·         The Institute shall strictly comply with the Terms of Use and with the restrictions applicable to the agreed version of the TANITA App Universe, such as but not limited to number of users, accounts, profiles, connected professional TANITA devices. The Institute will instruct its personnel and other affiliated persons involved with the TANITA App Universe to also comply with the Terms of use and restrictions.

·         The Institute may only use the TANITA App Universe within and for the benefit of its own organisation, and only to the extent necessary for the use intended by TANITA and/or its licensor.

·         Reverse engineering or further distribution of the TANITA App Universe is not permitted.

·         Save for mandatory statutory exceptions provided by law, the Institute is not entitled to modify the TANITA App Universe, in whole or in part, without TANITA’s prior written consent. TANITA is entitled to refuse such consent without cause or to attach conditions to it.

·         Upon request, the Institute shall immediately cooperate with any investigation to be carried out by or on behalf of TANITA into compliance with the agreed restrictions on use of the TANITA App Universe. The Institute shall grant access to its premises and systems at TANITA’s first request. TANITA, and a third party engaged by TANITA in this respect, shall treat all confidential business information obtained from or at the Institute in the course of an investigation as confidential, insofar as such information does not relate to the use of the TANITA App Universe itself.

2.       ACCOUNT MANAGEMENT

·         The Institute manages the use of the TANITA App Universe via the admin account(s) allocated to it. Depending on the subscription tier of the TANITA App Universe agreed upon, an administrator (deemed to be) appointed by the Institute (an “Admin”) may create accounts in the “professional profile” section of the TANITA App Universe for other professionals affiliated with the Institute. These accounts may be additional Admin accounts or staff member accounts.

·         It is prohibited to create accounts for third parties who are not Members, employed by or otherwise working for the Institute. It is also prohibited for Admins or staff members to use their accounts for other (professional) activities outside the organisation of the Institute.

·         The Institute shall include a profile in the TANITA App Universe for each person at the request of whom it carries out a measurement (a “Member”). Depending on the subscription tier of the TANITA App Universe agreed upon, the Institute may invite the Member to create an account in the TANITA App Universe, enabling the Member to view his/her measurements via his/her own account. It is prohibited to create accounts for third parties who do not receive services from the Institute.

·         The Institute shall ensure that strong passwords are selected for all accounts and that such passwords are changed on a regular basis. TANITA shall technically enforce that the passwords comply with the latest requirements regarding quality and security.

·         All actions performed after logging in with an Admin or staff member account are deemed to take place under the responsibility and supervision of the Institute. In the event of a suspicion of misuse or unauthorised use any account, the Institute shall inform TANITA as soon as possible, after which TANITA may take appropriate measures.

3.   USE OF THE TANITA APP UNIVERSE

·         The TANITA App Universe enables Institutes to carry out measurements, records the resulting measurement data, and monitors and visualises progress towards defined goals (if any set). The Institute solely determines the goals for a Member and solely determines how the TANITA App Universe and its outputs are used by the Institute, its Admin and its staff members. The Institute uses the TANITA App Universe, the connected professional TANITA device and the information/outputs generated during its use at its own cost and risk.

·         The Institute is responsible for taking all necessary precautions to avoid any misconceptions by its Members that the TANITA App Universe would provide (medical) advice or that it would to any extent be a substitution for (medical) advice, including but not limited to referring a Member to seek advice from (other) appropriate (medical) professionals or medical advice.

·         The Institute shall indemnify and compensate TANITA for all damages that TANITA suffers as a consequence of actual or alleged claims of third parties relating to the use of the TANITA App Universe by the Institute, except to the extent that the damages are caused by i) intent or gross negligence of TANITA or its managerial personnel or ii) a data breach within the meaning of article 4 GDPR solely in relation to the cloud storage provided by TANITA or solely as a result of an act or omission of TANITA.