Terms of Use Open Health Hub platform
For the use of Open Health Hub Platform (version 1.2)
Article 1. Definitions
The following terms are used in these Terms of Use:
Adaptive maintenance: improvements and/or adjustments resulting from technological developments, including the introduction of new operating systems.
Account: the account that is created and managed exclusively by the User, or by a third party on behalf of the User (such as an organization or supplier) after explicit agreement to this effect from Open Health Hub, and which gives the User access to the Service.
App: the Open Health Hub mobile application that can be used, among other things, to fill in forms and questionnaires, display information, and communicate via the Open Health Hub platform.
Author: the person entitled to the Content written by him/her that is made accessible via the Service.
Content: all material originating from Users, End Users, Open Health Hub, and Authors that is made accessible via the Service.
Corrective maintenance: the detection and repair of Defects.
Service: the services provided by Open Health Hub to Users via its platform, as described in the Agreement and in Article 4 of these Terms of Use.
Functionality: the functions, modules, and components offered via the Service within the Environment and the App, including but not limited to the creation, sending, receiving, displaying, and managing of Data.
Defect: an imperfection in the Environment and/or the App, as a result of which it does not function in accordance with the specifications communicated to the User.
Terms of Use: these terms and conditions and any associated service levels that apply to the Service.
Data: all material and information made available or entered by Users and (any) End Users, including Personal Data, all communications they make, as well as all data processed and created by or during the use of the Service.
End User: the natural person who supplies or receives Data via the Service or with whom communication takes place via the Service, for example a patient, client, employee, or other relation of the User.
End User Account: the access option created by or on behalf of the User for an End User to the Data and Functionality relevant to that End User.
Environment: the private online environment(s) of Open Health Hub (the "Open Health Hub Platform"), including in any case Designer, the FHIR API platform, Embedded Form Filler, the Desktop Viewer, the FHIR Viewer, Manager, and Connected Health, which are made available to the User and with which modules, forms, questionnaires, workflows, and communication can be set up and accessed via the App and/or other interfaces.
Open Health Hub: the private company Open Health Hub B.V., located at Jaarbeursplein 6, 3521 AL in Utrecht, registered with the Chamber of Commerce under number 64377679, which develops and operates software within the medical domain.
Agreement: the agreement (concluded electronically or in writing) between Open Health Hub and the User, such as a SaaS agreement, license agreement, or partner agreement, on the basis of which the Service is provided. These Terms of Use and any Processor Agreements form part of this Agreement.
Preventive maintenance: taking measures to prevent the occurrence of Malfunctions in the Service and/or Defects in the Environment and the App.
Malfunction: a disruption or incident in the availability and/or usability of the Service, whether or not caused by a Defect.
Fee: the amount of money that the User owes Open Health Hub for the use of the Service in accordance with the Agreement.
Processing agreements: the agreements made between the User and Open Health Hub with regard to the processing of Personal Data, usually laid down in a processing agreement.
Password: the password created by the User or End User that, in combination with a username or email address, gives access to his/her Account or End User Account.
Website: the Open Health Hub website (openhealthhub.com), including all subdomains.
User: the legal entity or natural person who has entered into an Agreement with Open Health Hub and/or actually uses the Service, as well as the natural persons (such as employees) who, under his responsibility, access the Service via an Account.
Open Health Hub Software: the entirety of software modules developed by Open Health Hub, including the Open Health Hub Platform (Designer, FHIR API platform, Embedded Form Filler, Mobile App, Desktop Viewer, FHIR Viewer, Manager, and Connected Health), which is made available to organizations by Open Health Hub as Software-as-a-Service (SaaS).
Article 2. Applicability and amendment of Terms of Use
These Terms of Use apply to any use of the Service by Users and form part of the Agreement between Open Health Hub and the User.
Open Health Hub is entitled to unilaterally amend and/or supplement these Terms of Use at any time. The most current version will be published on the Website and/or within the Service.
If Open Health Hub makes changes to these Terms of Use, the User is deemed to have been informed of this as soon as the amended terms are displayed when logging in or on the Website.
By using the Service after these Terms of Use have been amended or supplemented, the User is deemed to have accepted the amended terms and conditions. If the User does not agree with the amended terms and conditions, they must discontinue use of the Service.
Article 3. Formation and duration of the Agreement / access for Users
The Agreement for the use of the Service is concluded between Open Health Hub and the User.
If the Agreement is concluded by an organization (such as a healthcare institution or partner), every natural person who gains access to the Service through that organization acknowledges that that organization is the contracting party of Open Health Hub as a User and that his/her access is dependent on the duration of the Agreement.
The User will be granted access to the Service as soon as:
the Agreement has been legally concluded; and
the User has accepted the Terms of Use (electronically) and has created or received an Account.
The User's access will last as long as:
the Agreement is in force; and
Open Health Hub, or, if applicable, the organization on behalf of which the User has been granted access, grants the User access; or
the User closes the Account themselves (where applicable).
If the Agreement ends, Open Health Hub may terminate the access of all Users linked to that Agreement, without being liable for any compensation to these Users.
Article 4. Description of the Service
Open Health Hub develops and operates the Open Health Hub Software, consisting of, among other things, the Open Health Hub Platform (Designer, FHIR API platform, Embedded Form Filler, Desktop Viewer, FHIR Viewer, Manager, and Connected Health) and the App. The Service is made available by Open Health Hub to Users (including organizations) as Software-as-a-Service (SaaS).
In order to use the Service, the User must create or receive an Account and Password within the Environment and/or App made available to them.
If the Service allows this, End User Accounts can be set up for End Users, giving them access to Data and Functionality relevant to them.
The Service is designed and intended for organizing and managing (patient) data and other Data of End Users by means of storage, communication, and consultation functionality. The Service facilitates the digital processing of information that would otherwise be managed (in part) on paper or in other systems.
The FHIR Viewer is designed and intended for retrieving and displaying Data via "simple search" functionalities as described in relevant guidelines (including MDCG 2019-11). The FHIR Viewer and the other Functionality do not perform any autonomous interpretation, analysis, or decision-making.
The Open Health Hub Software, including the Open Health Hub Platform, the FHIR Viewer, and the App, serves solely as a tool for healthcare professionals and other Users to efficiently manage (patient) data and other Data. The Service does not replace the professional judgment and responsibility of the User or other parties involved.
Article 5. Use of the Service
The User acknowledges that the Service is a technical tool and does not provide professional advice of any kind, including but not limited to medical, legal, financial, or business advice. Open Health Hub is not responsible for decisions or actions taken by the User or End Users that are (partly) based on (the use of) the Service.
The User expressly acknowledges that the Open Health Hub Software, including the Open Health Hub Platform, the FHIR Viewer, and the other Functionality:
is designed and intended for organizing, storing, exchanging, and disclosing (patient) data and other Data;
enables the digital processing of information that would otherwise be managed (in part) on paper or in other systems; and
does not perform autonomous interpretation, analysis, or decision-making.
The Service serves solely as a tool for healthcare professionals and other Users to manage Data efficiently.
The Open Health Hub Software, including the Open Health Hub Platform and the FHIR Viewer, is not intended by Open Health Hub to diagnose, monitor, or treat any medical condition, and is not designed or certified as a medical device for these or any other medical purposes. If the User chooses to use the Open Health Hub Software as a medical device, this is done entirely at the User's own expense and risk. Open Health Hub is not liable for the consequences of such use and expressly excludes any liability for medical advice or decisions that are (partly) based on such use of the Open Health Hub Software.
If the User decides to use the Open Health Hub Software for purposes such as diagnosing, monitoring, or treating medical conditions, or otherwise repurposes it in a way that qualifies as a medical device within the meaning of the applicable Medical Devices Regulation (MDR) or similar regulations, the responsibility for compliance with all resulting obligations rests entirely with the User. In such a situation, the User is deemed to be acting as a "manufacturer" within the meaning of the MDR for that new purpose and is responsible for, among other things (but not limited to), clinical evaluation, post-market surveillance, conformity assessment, technical documentation, and any CE marking.
The User acknowledges that they are responsible for all medical and business measures and decisions taken in connection with the use of the Service. Open Health Hub cannot be held liable for medical or business actions or decisions taken by or on behalf of the User or End Users that may lead to medical or other liability.
The User indemnifies Open Health Hub against all claims from third parties, including but not limited to End Users (including patients), other organizations, regulators, and other third parties, arising from or related to:
medical or business measures and decisions taken by or on behalf of the User, its employees, and/or End Users in connection with the use of the Service;
the use of the Open Health Hub Software as a medical device or for other regulated purposes within the meaning of applicable (medical) regulations; and
the User, its employees, and/or its affiliated organizations failing to comply, or failing to comply fully, with the MDR or other applicable laws and regulations.
By entering into the Agreement, the User obtains the right to use the Service and, to the extent permitted by the Agreement, to grant other natural persons (such as employees) under its responsibility access to the Service via Accounts. Any usage volume (e.g., number of active End User accounts) is specified in the Agreement. If more use is made than is permitted under the Agreement, an additional Agreement or additional Compensation may be required.
The User is responsible for the actions they perform via the Service, including entering and providing Data or information. Without prejudice to the other provisions of these Terms of Use, this information and/or these actions may not:
not be based on falsehoods and/or be misleading;
not contain viruses, Trojan horses, worms, bots, or other software that could damage, render unusable or inaccessible, delete, or appropriate the Service or Content, or that are intended to circumvent technical protection measures of the Service, Website, and/or Open Health Hub's computer systems;
not place an improper, unreasonable, or disproportionate burden on the Service's infrastructure in such a way that it hinders the functioning of the Service in whole or in part;
not impede the Functionality of the Service;
not consist of assuming a false identity or wrongfully suggesting that the User is involved with Open Health Hub;
not violate any applicable laws and regulations;
not violate these Terms of Use, the Agreement, the Processing Agreements, or any other legal document that has been declared applicable to the legal relationship between Open Health Hub, its suppliers, and the User;
not infringe on the rights of Open Health Hub or third parties, including intellectual property rights or rights relating to the protection of personal data;
do not consist of sending or posting messages or material that, in the opinion of Open Health Hub, are contrary to public decency, discriminatory, or offensive in nature; incite violence, promote illegal activities and/or contain pornographic, erotic material or threats and/or can be regarded as an illegal activity, chain letter or spam and/or are in any other way indiscreet or incorrect;
are not otherwise unlawful in any way;
not harm the interests and/or reputation of Open Health Hub or its shareholders.
Any reports, analyses, or advice that Open Health Hub provides to the User (outside of the standard Functionality) are intended solely for internal use by the User and the organization on whose behalf he is acting. The use of these reports, analyses, or advice is entirely at the User's own expense and risk. It is not permitted to make such documents available to third parties or to publish them without the prior written consent of Open Health Hub.
If the User believes that Content or other information distributed using the Service is incorrect or unlawful, they can report this via info@openhealthhub.com.
The User shall at all times ensure that the Software is configured and used exclusively in accordance with the documentation, instructions and guidelines provided by the Supplier.
Article 6. Maintenance, backup, availability, and recovery
Open Health Hub performs Adaptive, Corrective, and Preventive maintenance on the Environment and the App.
The maintenance to be carried out by Open Health Hub will take place outside office hours as much as possible. In the unlikely event that maintenance takes place during office hours, Open Health Hub will report this in good time (but no later than 24 hours prior to the maintenance) via the usual communication channels.
Open Health Hub periodically makes backups of the Data stored in the Service and stores these for a reasonable period of time, as may be further specified in an SLA or the Agreement. This does not release the User from his own obligation to make backups of Data that is important to him.
If a Defect or Malfunction has occurred in which Data may have been lost or rendered unusable, Open Health Hub will endeavor to perform a recovery within a reasonable period of time, insofar as the available backups allow this.
Article 7. Support and Malfunctions
Open Health Hub will handle properly substantiated requests from the User for support within a reasonable period of time in accordance with its usual procedures.
Support consists of advising on the use and functioning of the Environment and the App and remedying Defects and Malfunctions, usually by means of remote support.
The User can request support and report Malfunctions and Defects on working days (Monday to Friday) between 9:00 a.m. and 5:00 p.m. via the Open Health Hub service desk (tel. +31 85 333 0007) or email (info@openhealthhub.com), with the exception of generally recognized public holidays, unless otherwise agreed in an SLA.
The User shall report any Malfunctions and Defects detected to Open Health Hub in as much detail as possible. Open Health Hub shall process the report within a reasonable period of time in accordance with its usual procedures.
In many cases, it is agreed with partners that they will provide first-line support to their own end users. However, for the Designer component, end users can contact Open Health Hub directly for support.
If the locally installed FHIR Viewer application from Open Health Hub is used, the client, organization, or User is fully responsible for the timely and correct installation and configuration of all updates, patches, and new versions made available by Open Health Hub. The responsible person within the client's, organization's, or User's organization is expected to keep the FHIR Viewer up to date at all times to ensure the safe, reliable, and accurate operation of the application. Open Health Hub points out that failure to install updates can cause significant security risks, vulnerabilities, and functional limitations. Open Health Hub cannot be held liable for any damage, security incidents, data loss, malfunction, or other consequences resulting (in whole or in part) from the failure to install updates, or the late or incorrect installation of updates, by the client, organization, or User. In such cases, Open Health Hub bears no responsibility whatsoever, even if the FHIR Viewer does not function properly, either in whole or in part, as a result.
Article 8. Availability, interruption, or modification of the Service
Open Health Hub will make reasonable efforts to make the Service available. Open Health Hub does not guarantee that the Service and/or the Content will be accessible at all times and without interruptions or Malfunctions, nor that the Service and the Content will be delivered error-free and/or complete.
Open Health Hub is entitled, without prior notice and without becoming liable for damages:
temporarily or permanently suspend or terminate the Service;
restrict its use if it deems this necessary, for example in the context of misuse or reasonably necessary maintenance of the Service;
make procedural and/or technical changes and/or improvements to the Service.
Article 9. Intellectual property rights
All intellectual property rights relating to the Website, the Service, and the Content, including the rights to texts, images, design, photos, software, audiovisual material, questionnaires, forms, modules, workflows, and other materials, are vested in Open Health Hub, the Authors, and/or its licensors.
Subject to payment of the agreed Fee, Open Health Hub grants the User the non-exclusive and non-transferable right to use the Service on its hardware or infrastructure and to grant access to natural persons under its responsibility (such as employees) via Accounts. This use is strictly limited to the purposes of the Service (as described in Article 4) and subject to these Terms of Use and the Agreement.
The User is not permitted to allow third parties to use the Service, except insofar as:
this concerns End Users who have gained access via End User Accounts; or
this is explicitly permitted in the Agreement.
The User is not permitted to publish or reproduce (parts of) the Content without the permission of Open Health Hub or, where applicable, the Authors, other than to the extent necessary for the normal use of the Service. The User shall indemnify Open Health Hub against any claims from third parties (including Authors) for infringement of intellectual property rights by or through the User.
The User is not permitted to remove or alter any intellectual property rights notices relating to the Content.
The use of Content from Authors may be subject to further conditions. Before using such Content, the User is obliged to agree to the conditions specifically attached to that Content, if applicable.
By entering Data, the User grants Open Health Hub a free, unencumbered, worldwide, sublicensable, non-exclusive license to use this Data in connection with the operation of the Service. In addition, Open Health Hub may use Data that cannot be traced back to individuals, aggregated or anonymized Data for analysis, quality and/or marketing purposes in connection with the Service, with due observance of the applicable privacy legislation and any Processor Agreements.
Article 10. Liability
To the extent permitted by law, Open Health Hub excludes liability for any damage suffered by a User as a result of:
the use of the Service, insofar as the Service is provided free of charge;
the unavailability, incomplete availability, or unsafe availability of the Service or parts thereof;
unlawful, incorrect, or incomplete Content, including Content that infringes on the rights of third parties;
the actions or omissions of Users, End Users, or other third parties;
changes or modifications to the Service;
(temporary) unavailability, Malfunctions or Defects in systems, networks, infrastructure or software of the User, End Users or third parties, as well as errors in or deficiencies of data supplied by them or unexpected changes in systems to which the Service is linked.
Insofar as, despite the foregoing, Open Health Hub is still liable in any way, this liability towards the User, on whatever grounds, shall at all times be limited to a maximum of per year:
if the Service is provided free of charge: €0; or
if it concerns a paid Service: the amount paid by the User in Fees for the use of the Service in the year preceding the event causing the damage (or, if the event occurs in the first year, up to the amount that would have been due in that year).
Open Health Hub is never liable for indirect damage, including pure financial loss, consequential damage, lost turnover and profit, lost savings, reduced goodwill, damage due to business interruption, damage related to the use of third-party goods, materials, or software, damage related to the use of suppliers prescribed by the User, damage due to mutilation, destruction, or loss of Data or documents, and all other damage other than the direct damage referred to in paragraph 2.
Notwithstanding the foregoing, if and insofar as Open Health Hub is liable for damage resulting from death or physical injury, it may invoke the limitation that its liability in that case is limited to the amount paid out in the relevant case by its professional or liability insurer, plus Open Health Hub's excess.
The limitations on Open Health Hub's liability included in these Terms of Use do not apply in the event of:
intent or deliberate recklessness on the part of Open Health Hub's management; or
damage or claims directly resulting from violations of mandatory laws and regulations in the field of Personal Data, unless otherwise specified in the Processing Agreements.
The condition for the creation of any right to compensation is always that the User immediately and properly notifies Open Health Hub in writing of the failure, with as complete and specific a description as possible of the failure, and offers Open Health Hub a reasonable period of time to remedy the failure, and Open Health Hub remains attributable in default even after that period.
The User shall only acquire a right to compensation if the damage is reported to Open Health Hub in writing as soon as possible, but no later than twelve (12) months after the damage occurred or could reasonably have been discovered. After this period has expired, any claim for compensation shall lapse.
Open Health Hub accepts no liability or responsibility whatsoever with regard to communications, products, and/or services from third parties. Third parties are understood to include legal entities and individuals who are in any way connected to the Service or are mentioned in the Service (including Authors).
The User indemnifies Open Health Hub for all damage that has arisen and is related to or results from:
the use of the Service by the User, its employees, and/or End Users;
breach by the User of these Terms of Use, the Agreement, the Processing Agreements, and/or any other rights of third parties.
This indemnification also applies to claims from organizations for which the Service is used and from End Users or other third parties, as well as to the associated costs (including reasonable costs of defense).
Open Health Hub is not liable for Malfunctions, errors, or incorrect functioning of APIs or other links that are managed, supplied, or prescribed by the User or third parties. For internal APIs and links managed by Open Health Hub, there is a best-efforts obligation to achieve stable operation, without Open Health Hub being liable for damage resulting from Malfunctions, unless there is intent or deliberate recklessness on the part of Open Health Hub's management.
The limitations and exclusions of liability included in this article also apply in favor of all (legal) persons whom Open Health Hub uses in the performance of the Agreement and/or the Service.
The limitations included in this article apply to all claims by the User and/or third parties, on whatever basis, and also apply to any warranty or indemnification obligations of Open Health Hub, whether explicit or implicit.
Article 11. Force majeure
Neither Party shall be obliged to fulfill any obligation, including any warranty obligation, if it is prevented from doing so as a result of force majeure. Force majeure shall in any case be understood to mean:
force majeure on the part of Open Health Hub's suppliers;
the failure of suppliers prescribed by the User to Open Health Hub to properly fulfill their obligations;
defects in goods, equipment, software, or materials from third parties whose use has been prescribed to Open Health Hub by the User;
government measures;
power failures;
malfunctions of internet, network, or telecommunications facilities beyond the control of Open Health Hub;
war, armed conflict, terrorism, or the threat thereof;
occupation of buildings, strikes, or sit-ins;
general transport problems;
pandemic or epidemic;
the unexpected unavailability of one or more employees with specific knowledge and skills essential to the Service, insofar as they cannot be replaced within a reasonable period of time.
If a force majeure situation continues uninterrupted for more than thirty (30) days, either Party shall be entitled to terminate the Agreement in writing. In that case, the work already performed under the Agreement shall be settled proportionally, without the Parties being liable to each other for further compensation.
Article 12. Suspension and termination of the Service
With due observance of the provisions elsewhere in these Terms of Use and by law, Open Health Hub is entitled to suspend (access to) the Service in whole or in part if the User fails to fulfill an obligation towards Open Health Hub and this failure justifies suspension.
The suspension will be lifted if the User has fulfilled their obligations, unless Open Health Hub has already legally dissolved or terminated the Agreement.
Open Health Hub is also authorized to terminate (access to) the Service without notice of default or notification if:
the User harms the interests of Open Health Hub to such an extent that Open Health Hub cannot reasonably be expected to continue the Service;
the User acts in violation of these Terms of Use, the Agreement, the Processing Agreements, and/or other rules communicated by Open Health Hub via the Website and/or the Service and continues to do so despite a warning;
the User's actions, in the opinion of Open Health Hub, may cause damage to other users of the Service, End Users, third parties, or Open Health Hub; or
Open Health Hub is required to do so by order of a competent authority.
The User has the right to discontinue use of the Service at any time. This does not release the User from any payment obligations that arose up to the moment of termination.
In the event of (proposed) termination of the Agreement, the Parties shall, if requested by the User, enter into consultation within ten (10) Business Days of the written notice of termination regarding:
the duration of the period during which the User and the Accounts linked to him may continue to use the Functionality (the "Transition Period"); and
the manner in which the Data stored in the Service will be made available to the User.
After the end of the Agreement and/or after the end of the Transition Period, access to the Functionality for the User and users and End Users linked to him will be terminated. After the expiry of the retention periods specified in the Agreement, Processor Agreements, and applicable laws and regulations, Open Health Hub is entitled to irrevocably and irreversibly delete Data.
During the Transition Period, the Parties shall continue to perform the Agreement under the terms and conditions set out therein, unless the Parties agree otherwise in writing. The duration of the Transition Period shall be determined by mutual agreement. If the Parties fail to reach agreement, the Transition Period shall not exceed six (6) months after the end of the Agreement.
All exit activities carried out by Open Health Hub within the framework of this article will, unless expressly agreed otherwise, be performed on the basis of actual costs and at the rates included in the Agreement or accompanying appendices.
Provisions of the Agreement and these Terms of Use that by their nature are intended to continue after termination, including in any case provisions regarding the processing of personal data, confidentiality, liability, intellectual property, applicable law, and competent court, shall remain in full force and effect after termination.
Article 13. Privacy
When creating Accounts and during the use of the Service, Data from Users and (if applicable) End Users will be stored in the secure environment of (the suppliers of) Open Health Hub.
The Data will be stored and processed in accordance with applicable laws and regulations and, where applicable, in accordance with the Processing Agreements and the privacy statement of Open Health Hub. Open Health Hub will take appropriate technical and organizational measures to protect Data against loss or any form of unlawful processing.
In principle, Open Health Hub is considered the controller insofar as it concerns the processing of Users' Personal Data in the context of:
contact and account management;
communication about the Service;
invoicing and administration;
security and log data;
usage statistics and analysis of the Service;
the use of cookies and similar techniques on the Website, in accordance with the privacy and cookie statement.
For Personal Data of End Users that is processed via the Service, Open Health Hub may act as a processor or sub-processor of the User, insofar as it acts as a controller. In that case, the roles and responsibilities are laid down in the Processing Agreements.
Open Health Hub guarantees an appropriate level of security, taking into account the state of the art, the costs of implementation, the nature, scope, context, and purposes of the processing, and the varying likelihood and severity of the risks to the rights and freedoms of data subjects. In doing so, explicit account is taken of the fact that the authorization, disclosure, and further processing of Personal Data also takes place on systems and in environments of the User and/or End Users that are outside the direct sphere of influence of Open Health Hub.
The User is aware that the proper security of Personal Data also depends on organizational measures to be taken by the User, including, in any case, providing appropriate instructions to employees and users on how to handle access data and setting up and maintaining an appropriate role and authorization model.
The User is solely responsible for the accuracy and timeliness of Accounts created for employees, users, and End Users, including the accuracy of the email addresses used for this purpose.
Each Party guarantees that, insofar as applicable to it, it will act in accordance with the relevant data protection laws and regulations and will comply with the obligations arising therefrom. For the User, this may include, where necessary, obtaining valid consent from data subjects or ensuring that another legal basis is available.
Open Health Hub is ISO 27001 and NEN 7510:2017 certified and is audited annually. In addition, Open Health Hub operates in accordance with NEN 7512 and NEN 7513.
In accordance with the principles of NEN 7512, the Parties shall inform each other in a timely manner of any changes that are relevant to the basis of trust for the exchange of data between the Parties.
If the Embedded Form Filler is used by the User, Open Health Hub recommends that this Functionality be used exclusively within the User's existing environment.
Data will not be stored for longer than is necessary for the purposes for which it was collected or as required by law, as further explained in the privacy statement and/or Processing Agreements.
Article 14. Miscellaneous, applicable law, and competent court
Open Health Hub may transfer its rights and obligations arising from the Agreement(s) relating to the Service to third parties and will notify the User thereof, insofar as required by law.
The applicability of any general (purchasing) terms and conditions used by the User is hereby expressly rejected, unless expressly agreed otherwise in writing.
The Agreement and these Terms of Use are governed by Dutch law.
All disputes that may arise between the User and Open Health Hub will, insofar as mandatory law does not prescribe otherwise, be submitted to the competent court in the district of Midden-Nederland, without prejudice to Open Health Hub's right to choose another competent court in a specific case.
If one or more provisions of these Terms of Use prove to be wholly or partially invalid or unenforceable, the remaining provisions shall remain in full force and effect. In that case, Open Health Hub will replace the invalid or unenforceable provision(s) with a provision that is valid and whose legal consequences, taking into account the content and scope of these Terms of Use, correspond as closely as possible to those of the invalid provision(s).
