Terms of Use

1. Introduction

1.1 These terms and conditions shall govern your use of our website and chatbot (Florence Facebook bot, Florence Skype bot and Florence Kik bot).
Florence is an automated messaging tool focused on the health and wellness space. This tool is powered by an artificial intelligent and natural language processing engine that allows users amongst other things to: 1) search for information on health and wellness related topics, 2) set reminders to take medications/vitamins/birth control pills or to refill prescriptions, and 3) track the evolution of self-reported health and wellness indicators (e.g. weight, mood or pain level). BEWARE: You understand and agree that the chatbot Florence and related services do not provide medical advice, diagnosis, treatment, or prescriptions, either through the website, the bot, or any other services. This chatbot should not be used in medical emergencies and does not support emergency calls. The services and content are not a substitute for professional medical advice, diagnosis, treatment or prescriptions. Please seek medical advice and treatment only from a healthcare provider. In case of a medical emergency, call your country’s emergency number immediately. Never disregard professional medical advice or delay in seeking it because of something you have read through the services. You understand that the services we provide is for information purposes only; it is not medical advice! You assume full responsibility for the use of any information obtained through our services. We have no responsibility to take any medically related action or provide medical advice in response to any information you provide through our services.
1.2 In this policy, “we”, “us” and “our” refer to PACT Care BV. For more information about us, see section 18.
1.3 Florence website at http://www.florence.chat as well as the Florence chatbot (or bot), which is provided via Facebook Messenger, Skype and Kik are collectively referred to as the service(s).
1.4 By using our service, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our service.
1.5 If you use our chatbot, we will ask you to expressly agree to these terms and conditions.
1.6 You must be at least 16 years of age to use our service; by using our service or agreeing to these terms and conditions, you warrant and represent to us that you are at least 16 years of age.
1.7 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our cookies policy.

2. Copyright notice

2.1 Copyright (c) 2018 PACT care BV.
2.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our service and the material on our service; and
(b) all the copyright and other intellectual property rights in our service and the material on our service are reserved.

3. Licence to use service

3.1 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our service.
3.2 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our service (including republication on another website or chatbot);
(b) sell, rent or sub-license material from our service;
(c) exploit material from our service for a commercial purpose; or
(e) redistribute material from our service.

3.3 We reserve the right to restrict access to areas of our service, or indeed our whole service, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures in our service.

4. Acceptable use

You must not:
(a) use our service in any way or take any action that causes, or may cause, damage to the service or impairment of the performance, availability or accessibility of the service;
(b) use our service in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our service to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our service without our express written consent;
(e) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the services

5. Chatbot account

5.1 You must not allow any other person to use your account to chat with the bot.
5.2 You must notify us in writing immediately if you become aware of any unauthorised use of your chatbot account.
5.5 You must not use any other person's chatbot account to access the chatbot.

6. Cancellation and suspension of account

6.1 We may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time in our sole discretion without notice or explanation.
6.2 You may cancel your account on our service using the settings of the chatbot.

7. Your content: licence

7.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our service.
7.2 You grant to us a non-exclusive, royalty-free licence to use and store your content for providing our service to you.
7.3 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

8. Your content: rules

8.1 You warrant and represent that your content will comply with these terms and conditions.
8.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
8.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) be in contempt of any court, or in breach of any court order;
(g) be in breach of racial or religious hatred or discrimination legislation;
(h) be blasphemous;
(i) be in breach of official secrets legislation;
(j) be in breach of any contractual obligation owed to any person;
(k) constitute spam;
(l) cause annoyance, inconvenience or needless anxiety to any person.

9. Limited warranties

9.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our service;
(b) that the material on the service is up to date; or
(c) that the service will remain available.

9.2 We reserve the right to discontinue or alter any or all of our services, and to stop publishing our service, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any services, or if we stop publishing the service.
9.3 To the maximum extent permitted by applicable law and subject to section 10.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our services.

10. Limitations and exclusions of liability

10.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.

10.2 The limitations and exclusions of liability set out in this Section 10 and elsewhere in these terms and conditions:
(a) are subject to Section 10.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

10.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
10.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
10.5 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the services or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

11. Breaches of these terms and conditions

11.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our service;
(c) permanently prohibit you from accessing our services;
(d) commence legal action against you, whether for breach of contract or otherwise; and/or
(e) suspend or delete your account on our service.

11.2 Where we suspend or prohibit or block your access to our service or a part of our service, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

12. Variation

12.1 We may revise these terms and conditions from time to time.
12.2 We will give you written notice of any revision of these terms and conditions through our chatbot, and the revised terms and conditions will apply to the use of our service from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our service

13. Assignment

13.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
13.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

14. Severability

14.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
14.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

15. Third-party services

15.1 Priaid-service: Our service uses priaid-services such as the Symptom Checker (API-Interface or any other component of the priaid platform services). By using our platform, you agree to the terms of use priaid-services’ and privacy policy. Information purpose and exclusion of liability
(a) priaid-Services are solely meant for the purpose of information and do not substitute consultation, diagnosis and treatment by professional doctors. Usage of and trust in contents provided by the priaid-Services and priaid data cannot and must not be used by End Users for (their own) consultations, diagnoses or treatment methods and the selection, application or termination thereof. The contents of the priaid-Services are not a recommendation for consultation, application, treatment, diagnosis or purchase.
(b) We shall not be liable for any damage resulting from false or incomplete information given by the End User, especially the health data. The End Users are solely responsible for their health data’s correctness and timeliness. In the event that claims are made against us by End Users or our customers because of the absence of correctness or timeliness of the End User’s data and information, the respective End User undertakes to fully indemnify us.
(c) All End Users of this service are requested by us to consult a doctor for health information. In the event of a medical emergency or in imminent, life-threatening situations, the End User needs to contact or consult a medical emergency service immediately. The priaid-Services are not meant for emergency situations and must not be used solely in such constellations.
(d) We disclaim any liability to the fullest extent permitted by law for any possible damage caused by the usage of our products and services with regard to the priaid-Services or priaid data. Any utilization or usage of contents on the priaid-Services or the priaid data takes place at one’s own risk. The assertion of any types of claims is therefore excluded.
(e) The End User bears responsibility for all consequences and disadvantages which may occur due to misuse or illegal use of the products and services with regard to the priaid-Services and the priaid data or because the End User does not fulfil his other essential agreement duties (among other things, the obligation of keeping the password secret). We accept no liability for any damage that may occur from that. The End User shall indemnify us in full in the event that claims should be asserted against us due to misuse or illegal use of the products and services with regard to the priaid-Services as well as priaid data by the End User.
(f) The online analysis using the priaid-Services does neither substitute the medical examination nor the diagnosis by a qualified doctor. Usage of the priaid-Services and its contents are no substitute for professional medical care, doctor’s advice, diagnosis or treatment. The usage of the priaid-Services is voluntary and solely at the End User’s own risk and in the End User’s own assessment regarding the reliability of information and data (priaid data) provided by the priaid-Services. Also, in the End User’s responsibility are decisions or actions, including but not limited to the decision, not to consult a doctor for diagnosis and treatment, resulting from the usage of the priaid-Services. Only the End User is responsible for the decision, to use the services of a doctor. We do not recommend or advocate tests, doctors, healthcare services, products, procedures, opinions or other information that may be mentioned via the priaid-Services. The End User should also not delay professional medical advice/care because of information and priaid data that have been obtained via the priaid-Services.

15.2 Exercise Images/Gifs inside our Chatbot Florence from db.everkinetic.com are licensed under Creative Commons (BA-SA).

16. Entire agreement

Subject to Section 10, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our services and shall supersede all previous agreements between you and us in relation to your use of our services.

17. Law and jurisdiction

17.1 These terms and conditions shall be governed by and construed in accordance with Dutch law.
17.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of the Netherlands.

18. Our details

18.1 This service is owned and operated by PACT Care BV.
18.2 Our principal place of business is at Herengracht 420, 1017BZ, Amsterdam, Netherlands.
18.3 You can contact us:
(a) by post, to the postal address given above;
(b) by telephone +31 20 893 4143;
(c) by email, using info[at]pact[dot]care

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