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Audiri Health’s Terms and Conditions

Last updated May 1, 2023

  • 1. Terms of service

    1. These Terms and Conditions (“Terms”) set forth a legally binding agreement between you and Audiri Health (“Audiri”, “we”, “us”, “ours”). These Terms applies to your access and use of the Audiri Platform. The “Audiri Platform” includes all our mobile applications, software, websites, APIs, products, and services.
    2. You must accept these Terms to create an Audiri account and to access or use the Audiri Platform. If you do not accept these Terms, do not create an account or use the Audiri Platform.

  • 2. Privacy Policy

    1. To learn more about how we handle data, please see our Privacy Policy. Your use of Audiri indicates your consent to our collection and use of your information according as outlined in our Privacy Policy.

  • 3. Agreement to our legal terms

    1. These Terms and Conditions govern your use of Audiri, which is owned and operated by Audiri Health.
    2. By downloading or using the App, you agree to be bound by these Terms.

  • 4. Data we collect

    1. Protecting your privacy is important to us. All personal data generated using Audiri will be collected, stored, and processed in compliance with the General Data Protection Regulation 2016/679 of April 27th, 2016 (“GDPR”).
    2. By using our services, you agree to grant us the perpetual, worldwide, transferable, and sublicensable right to use anonymized data in accordance with applicable data protection laws. You acknowledge and accept that we have full ownership of all right, title, and interest in any data derived from such anonymized data. This includes the right to use the anonymized data in any manner, whether currently known or unknown.

  • 5. The Audiri Platform

    1. The Audiri Platform is intended to help you track your symptoms, manage your health, and effectively communicate these symptoms with your doctors.
    2. The Audiri Platform is not a substitute for professional medical advice, diagnosis, or treatment. You should always consult with a healthcare professional if you have any concerns about your health.

  • 6. Creating an account

    1. For full use of the Audiri Platform, it is necessary for you to create an account. To do so, you must provide us with certain information, including your name, a valid email address, and a strong password. You are responsible for all actions that take place with your account. If you fail to safeguard your account credentials, Audiri will not be held liable for any losses or damages that may result. If you become aware of or suspect any security breaches relating to your account or the Audiri Platform, please inform us at info@audirihealth.com.

  • 7. Governing laws

    1. Audiri is located in Amsterdam, the Netherlands. These terms shall be governed by and construed in accordance with the laws of the Netherlands, and you consent that the courts of the Netherlands have exclusive jurisdiction to resolve any dispute which may arise in connection with these legal terms.

  • 8. Your right to use Audiri

    1. You are granted a restricted, non-transferrable, non-sublicensable, and revocable license by Audiri to:
      1. Access and utilize the Audiri Platform.
      2. Access and view the content contained in the Audiri Platform.
      3. Access and use the software and mobile applications offered by Audiri.
      This license is only for your individual, non-commercial usage and enjoyment of the Audiri Platform as allowed in these Terms. If the Audiri Platform is used for any commercial purposes, including but not limited to product marketing or development, clinical assessment or diagnosis, funded research studies, or risk assessment, commercial licenses are required and available. Please contact us at info@audirihealth.com.
    2. Except as explicitly allowed in these Terms, you, as the users, are prohibited from replicating or copying the Audiri Platform, either in whole or in part, selling the Audiri Platform, either in whole or in part, modifying the Audiri Platform, either in whole or in part, sublicensing the Audiri Platform, either in whole or in part, altering the Audiri Platform, either in whole or in part, translating the Audiri Platform, either in whole or in part, or attempt to discover or access the source code of the Audiri Platform, either in whole or in part, unless it has been published by us.
    3. Audiri or its licensors do not imply or grant any licenses or rights to you under any intellectual property rights owned or managed by then, except for the licenses and rights explicitly granted in these Terms.
    4. In the event that you offer feedback, suggestions, or ideas or respond to surveys related to Audiri (hereby referred to as “Feedback”), you acknowledge that such Feedback is not confidential and that you grant us a non-exclusive, irrevocable, perpetual, royalty-free, and unrestricted license to use your Feedback worldwide in any manner, for any purpose, and through any medium or technology known or unknown, whether in whole or in part, and whether modified or unmodified. We will always use your Feedback in accordance with these Terms, our Privacy Policy, and any other applicable laws.

  • 9. Audiri’s enforcement rights

    1. While we are not obligated to monitor your use of the Audiri Platform, we do reserve the right to do so in order to operate the service, ensure compliance with these Terms, and to comply with applicable laws or other legal requirements. We may also consult with law enforcement authorities and disclose any unlawful conduct, and in accordance with valid legal procedures, we may cooperate with law enforcement agencies to prosecute users who violate the law.
    2. Additionally, we reserve the right (although we are not required) to remove or disable access to the Audiri Platform at any time and without notice, at our sole discretion, if we determine that your use of the service is objectionable or violates these Terms. We also reserve the right to investigate any violations of these Terms or any conduct that affects the Audiri, and may take any appropriate action in response.

  • 10. Use of Audiri

    1. In using the Audiri Platform, you are prohibited to manipulate any of Audiri’s security features, modify, interfere with, or hack the Audiri Platform, or to intercept messages, infiltrate the Audiri Platform with viruses, trojans, logic bombs, worms, or anything else that might harm the Audiri Platform, extract data from the Audiri Platform except as permitted under these Terms, post abusive, threatening, untruthful, or offensive content, and enter information or comments about any third- party without the consent of the third-party concerned.
    2. The non-compliance with the regulations described in 10.a represents a material breach of these Terms and may result in immediate, temporary or permanent, loss of access to the Audiri Platform, and disclosure of information to the law enforcement authorities.

  • 11. No Medical Advice

    1. Please note that the Audiri Platform does not make any medical recommendations. The content provided by Audiri is for information purposes only and should not be considered as a replacement for medical advice. If you are concerned about your health, please seek the advice of a medical professional. In the case of an emergency, please contact the emergency services immediately. Always consult your physician or other qualified health care provider regarding any medical condition or treatment. Never disregard a doctor’s professional advice or cancel an appointment with a doctor because you are relying on information provided by the Audiri Platform.

  • 12. Limitation of Liability

    1. We are unable to guarantee that you will be able to always use the Audiri Platform without any interruptions or delays. Therefore we assume no obligation with respect to the performance of the Audiri Platform in these Terms. We exclude strict liability that refer to any legal measures that may be taken as a result of issues with the Audiri Platform that were present at the time when you and we agreed to use the platform.
    2. If you suffer any damage resulting from your use of the Audiri Platform, we will only be held liable in cases of intentional misconduct or gross negligence. Additionally, we may be held liable for negligent breaches of essential contractual obligations, which are necessary for the proper execution of this agreement and whose violation would compromise the purpose of the agreement and the trust you would normally place in us to fulfill them. In such cases, we will only be liable for foreseeable damages. We cannot be held liable for any breaches of obligations resulting from ordinary negligence, other than those specified in the preceding sentences. The limitations of liability outlined above do not apply in cases of death or personal injury. Some jurisdictions do not allow these exclusion or limitation of liability, so the above limitation may not apply to you.

  • 13. Third-party services

    1. The links to other websites or resources provided in the Audiri Platform are intended for informational purposes only and should be viewed as such. We have no control over the content of third-party websites or resources linked from the Audiri Platform, including those included in frames, and therefore, we cannot be held liable for any information or content on these websites. We also cannot be held liable for any financial or physical damages resulting from the use of such third-party websites or resources. These Terms and our Privacy Policy govern the contractual relationship between you and Audiri, and do not apply to your contractual relationship with any third parties.

  • 14. Audiri Platform updates

    1. Our team is dedicated to continuously enhancing and advancing the Audiri Platform. Our goal is to provide you with services and features that are innovative. We reserve the right to update and modify specific features of the Audiri Platform, suspend support for certain features, or reset features altogether. These changes may impact your experience on the Audiri Platform, including the removal, modification, or reset of features you use. We will notify you separately of any changes and your options, provided that you have subscribed to receive such notifications.

  • 15. Changes to these Terms

    1. We have the right to amend, adapt, or supplement these Terms. Changes to these Terms will usually be the result of new features added to the Audiri Platform, or changes in applicable legislation or regulations.
    2. We will provide you with a 30-calendar-day notice period before any changes or additions to these Terms take effect. During this time, we will inform you of any updates or modifications and give you the opportunity to object. If you do not object within the 30-day notice period, the changes and additions will be considered agreed upon and become effective from the deadline onward. In our notice of changes, we will outline your right to object and the consequences of doing so. If you object within the specified timeframe, and if it is legally, economically, or technically feasible, we will continue to provide the Audiri Platform. However, if it is unreasonable for us to do so, we reserve the right to terminate the agreement effective from the date of the amendment stated in the notification. All other termination rights remain unaffected.

  • 16. Termination

    1. We reserve the right to suspend or deactive your account at any time and for any reason. We reserve the right to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. You may also terminate these Terms by deleting your account at the Audiri Platform at any time.

  • 17. Indemnification

    1. You agree to indemnify, defend, and hold us harmless from any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Audiri Platform, or information provided by Audiri. We retain the right to take charge of defending any third-party claim that you are required to indemnify. In such cases, you will collaborate with us in presenting any defenses that are available.

  • 18. Miscellaneous

    1. These Terms constitute the entire agreement and understanding between you and us.
    2. The failure to exercise or enforce our rights must not be construed as a waiver of such rights.
    3. These Terms are enforced to the maximum extent allowed by law. We retain the right to transfer any or all of our rights and obligations to third parties at any time. We are not accountable or liable for any loss, damage, delay, or failure to perform caused by circumstances beyond our control.
    4. If any provision or portion of a provision in these Terms is deemed illegal, invalid, or unenforceable, that provision or portion is separable from these Terms and will not impact the enforceability of any other provisions.
    5. Only the party that has entered into the contract has the authority to enforce its provisions.

  • 19. Contact us

    1. If you would like to contact us regarding these Terms, please email us at info@audirihealth.com.

  • 20. Entire Terms

    1. There Terms constitutes the entire agreement between you and us with respect to the Audiri Platform and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and us.