Terms of Use (Patientversion)

Viduet Health B.V.

Version V1

Last modified 3 March 2026

Introduction

Viduet is a platform offered by Viduet Health BV. Through the app, Viduet supports you in self-managing your health, potentially supported by others, such as healthcare providers and/or informal caregivers, allowing you to process device measurements yourself. To use the app, you must accept these Terms of Use.

Article 1 – Definitions

These Terms of Use use several definitions. These definitions are capitalized and can be used in both the singular and plural. They have the following meanings in these Terms of Use:
1. Account: The combination of a username and password to access the Service.
2. App: The mobile software application (available for iOS and Android, among others) and all its components, including the underlying software, algorithms, programming, source code, fixes, object code, graphical interface, databases, and all associated documentation, updates, upgrades, and functionalities, for the Intended Use. The app may contain (components of) AI.
3. Equipment: The equipment loaned by Viduet with which the User can obtain the User Data by means of home measurements.
4. Intended Use: The User's use of the Service via the App for the purpose of telemonitoring, self-management and transmural collaboration (such as between general practitioners, hospitals, paramedics, healthcare institutions and patients and informal caregivers) for chronic conditions (including type 2 Diabetes, COPD, Heart Failure), by processing User Data obtained from home measurements of Equipment, online questionnaires, setting up smart algorithms to recognize Users outside the bandwidth, and sending action information to the User and/or Caregiver.
5. Data Act: Regulation (EU) 2023/2854 of the European Parliament and of the Council of 13 December 2023 on harmonised rules on fair access to and use of data and amending Regulation (EU) 2017/2394 and Directive (EU) 2020/1828.
6. Service: The service that Viduet provides to the User through the App, Equipment and/or Web Application, for the Intended Use that is provided to the User under the responsibility of the Healthcare Provider.
7. External Platform: Including the Apple App Store and Google Play Store.
8. User: You, as a user of the Service.
9. User Data: Any measurements obtained by the User through the Equipment (e.g., blood pressure, oxygen saturation, glucose) and other data processed by the User through the Service.
10. Terms of Use: These terms and conditions apply to the use of the Viduet Service.
11. Equipment Manual: Instructions for use pertaining to the medical device as prepared and supplied by Viduet, in accordance with the MDR.
12. IE rights: All copyrights, chip rights, database rights, trade name rights, trademark rights, design rights, neighbouring rights and patent rights and related rights such as rights to trade secrets and domain names.
13. MDR: Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC.
14. Agreement: The agreement for use of the Service that the User enters into with Viduet to which these Terms of Use apply.
15. Parties: Viduet and the User jointly or separately.
16. Personal data: Any information relating to an identified or identifiable natural person as referred to in Article 4 paragraph 1 GDPR.
17. Privacy Policy: Viduet's privacy policy, in which Viduet informs the User which personal data it collects, uses, shares and protects, for what purpose and for how long, can be consulted here.
18. Viduet: Viduet Health BV, as further defined in Article 2.
19. Web Application: The browser-based web application (accessible via a web browser), and all its components, including the underlying software, algorithms, programming, source code, fixes, object code, graphical interface, databases, and all associated documentation, updates, upgrades, and functionalities, for the Intended Use. The Web Application may contain (parts of) AI.
20. Healthcare provider: The healthcare provider who provides care to the User under a medical treatment agreement concluded between them.

Article 2 – Identity and contact details of Viduet

For questions, complaints or other matters, the User can contact Viduet’s customer service using the following contact details:
Viduet Health BV
Europalaan 93
3526 KP Utrecht
The Netherlands
Email: support@viduet.nl
Tel. 085 130 7020
Chamber of Commerce: 63124939

Article 3 – Entry into force and applicability of conditions

The Terms of Use apply to the Agreement and to any use of the Service and/or App and/or Web Application by the User.
These Terms of Use are written in Dutch. In the event of different language versions containing translations that differ from the Dutch text, the Dutch text will prevail.
Viduet reserves the right to amend these Terms of Use at any time. Viduet will inform the User of any changes to these Terms of Use and their content. If the User disagrees with the amendment, they may terminate the Agreement as stipulated in these Terms of Use. In the event of significant changes, the User has the right to terminate the Agreement pursuant to Article 6:237(c) of the Dutch Civil Code.

Article 4 – Costs

There are no additional costs for the User when using the Service. Viduet will arrange the costs for using the Service with the Healthcare Provider. If the Healthcare Provider defaults on its payment obligations to Viduet regarding the User’s use of the Service, Viduet is entitled to discontinue use of the Service and terminate the Agreement.

Article 5 – Account

In order to use the Service, the User must activate an Account.
To create an account, a valid mobile phone number must be provided. The User declares and warrants that the information provided is correct, complete, and up-to-date, and will remain so while using the Service. If this information is incorrect or incomplete, Viduet reserves the right to deny the User access to the Service, deny their account, and terminate the Agreement.
When using the Account, the User must always use a sufficiently secure password. The password must meet the requirements specified when creating the Account. The User is responsible for choosing this password. Viduet may impose additional requirements regarding the use and security of the Account. The User is obligated to comply with these requirements.
Viduet uses two-factor authentication (2FA) to secure your account. Upon logging in, the User receives a verification code via SMS to their registered phone number. Without a valid phone number, the User cannot access the Service.
Viduet may assume that a User who logs in via the App is actually that User.
The User may not forward login information or allow anyone else to use the Account unless Viduet has given permission. The User is responsible for the security of their account, including, but not limited to, keeping their password confidential.
The User must contact Viduet immediately if they suspect unauthorized use of their account. They must also immediately change their password.
Viduet may temporarily or permanently close the Account or take other measures if it knows or suspects that an Account has been used unlawfully.

Article 6 – User

The User guarantees that he/she will only use the Service as a natural person and not in the exercise of a profession or business.
The User guarantees that they have entered into a medical treatment agreement with the Healthcare Provider, which includes the use of the Service. The User acknowledges that Viduet is not a party to this medical treatment agreement.
The User guarantees that they are at least 18 years of age, or, if the User is a minor, they guarantee that they have obtained the express consent of their parent, guardian, or legal representative to enter into the Agreement. Viduet reserves the right, if there are any doubts about age or consent, to request additional verification or to deny access to the Service.
The User is not permitted to allow a third party to use the Service. If a caregiver uses the Web Application and/or App on behalf of the User, the User must link the caregiver-User’s Account to that of the User. This linking will only take place with the User’s permission.
The User has control over which Healthcare Providers their User Data is shared with through the Service. The User can authorize the Healthcare Provider or revoke granted authorizations through the App.
The User may only use the Service in accordance with the Agreement, these Terms of Use and the Equipment Manual.
The User acknowledges that the Service is intended solely for its Intended Use. The User will not use the Service other than as necessary for its Intended Use.
The User acknowledges that Viduet does not make any decisions regarding the User’s medical treatment agreement and/or treatment.
User guarantees the accuracy, completeness, quality, relevance and representativeness of the User Data provided to Viduet by or on behalf of him.
If you have any questions or complaints regarding the User Data, you should consult your Healthcare Provider.
If the User discovers a defect (a technical defect) when using the App and/or Web Application or with the Equipment, the User must report this to Viduet without delay and within 72 hours in accordance with Article 2.
For optimal functioning of the Service, the User should always use the latest version of the App, and – in the case of a mobile application – download it.
The App and/or Web Application and updates depend on browsers and External Platforms. If the browser or External Platform refuses, restricts, or terminates the distribution, updates, or availability of the App and/or Web Application, Viduet may restrict or discontinue the App and/or Web Application or Service, without the User being entitled to compensation.
The User will provide the necessary equipment, such as a mobile phone and access to the External Platforms, and will install, set up, and configure the necessary (support) software and infrastructure under their management. The technical requirements for the mobile phone to use the Service are listed on Viduet’s website.
The User will set up and configure the Service himself or herself, or with the help of his or her Healthcare Provider.
The User grants Viduet permission to approach new healthcare providers of the User to use the Service.

Article 7 – The Service

Viduet will make every effort to provide the Service with care. The Service is provided on a best-efforts basis. Viduet will make every effort to keep the Service available and functioning, but cannot guarantee that this will always be possible.
Viduet does not guarantee that the Service will always function without errors or interruptions. Viduet will endeavor to fix reported errors in the software it develops within a reasonable timeframe. Viduet may postpone the fix until a new software version is available and is not responsible for errors in software not developed by it. Viduet may apply temporary workarounds or limitations.
The Service is provided digitally by making the App and/or Web Application available via External Platforms. The Service commences immediately upon acceptance of these Terms of Use and the creation of an Account by the User, unless otherwise agreed. Viduet strives to make the Service continuously available, but cannot guarantee uninterrupted availability.
The Service is intended for its Intended Use only and is never a substitute for professional medical advice or treatment by the Healthcare Provider.
Viduet may continue providing the Service using a new or modified version of the App. Viduet is not obligated to maintain, modify, or add specific features or functionalities of the Service specifically for the User.
Viduet may temporarily disable the Service, in whole or in part, for maintenance or other service purposes. Viduet will keep the downtime as short as possible and preferably at times when the Service is typically used least intensively.
Viduet is not obliged to provide the User with a physical medium or download of the App or underlying software.
The Service’s cybersecurity will meet a level that is not unreasonable, given the state of the art, the implementation costs, the nature, scope, and context known to Viduet, the Intended Use, and the User Data included in the Service, the likelihood and severity of the use and associated risks foreseeable by Viduet, the consequences of incidents, and the rights and freedoms of data subjects. Viduet does not guarantee that cybersecurity is effective under all circumstances.
Viduet is not obligated to warn the User of risks that fall outside the scope of the Agreement. If Viduet nevertheless issues a warning or notification, this is done without obligation and without incurring any obligation or liability for Viduet.
The App and the Equipment are a ‘medical device’ within the meaning of the MDR and as such are provided with a CE mark in accordance with class 1 or 2a MDD/MDR for the intended use as described in the Equipment Manual and the user manuals accompanying the App.
Viduet is committed to transparency regarding the operation of the algorithms used within the Service. Users are informed of this in Viduet’s Privacy Policy, which further explains how future AI components will handle User data and the processes involved. In doing so, Viduet complies with the obligations regarding transparency and explainability of AI systems as stipulated in the Data Act.
Any use outside the framework described in these Terms of Use falls outside the responsibility of Viduet.

Article 8 – Equipment

The provisions in these Terms of Use relating to Equipment and User Data apply only if and to the extent the Equipment originates from Viduet. If the User obtained the Equipment themselves or through a third party, such as a Healthcare Provider, these Terms of Use do not apply. In that case, the User is responsible for the Equipment and the User Data obtained from it.
If the User uses the Service, they must also use the Equipment. The User receives the Equipment on loan from Viduet, in the nature and quantity as agreed in writing. All items delivered to the User remain the property of Viduet.
The Equipment loaned by Viduet to the User will be delivered by Viduet to a location designated by the User, if this has been agreed upon in writing. In that case, Viduet will notify the User, if possible as soon as possible before delivery, of the time at which it or the carrier intends to deliver the Equipment. The loan commences on the date the Equipment is made available to the User.
The Equipment is intended for its Intended Use only.
The Healthcare Provider must inform the User about the Equipment Manual. The User warrants to Viduet that they have obtained this information before using the Service.
The User must handle the Equipment with care. The User must ensure an environment that meets the requirements for the Equipment, including temperature, humidity, and technical environmental requirements.
The risk of loss, theft, embezzlement or damage to Equipment shall pass to User as soon as it is in the actual possession of User or someone acting on behalf of User.
Viduet will make every effort to repair material and manufacturing defects in the loaned Equipment within a reasonable time and free of charge, provided these defects are reported to Viduet in detail within three months of delivery. If, in Viduet’s reasonable opinion, repair is not possible, will take too long, or would entail disproportionately high costs, Viduet is entitled to replace the Equipment free of charge with other, similar, but not necessarily identical, Equipment. Data conversion required as a result of repair or replacement is not covered by the warranty. All replaced parts remain the property of Viduet. The warranty obligation shall lapse if defects in the Equipment or its components are wholly or partially the result of incorrect, careless, or unskilled use, external causes such as fire or water damage, or if the User makes or has made changes to the Equipment or to the components supplied by Viduet under the warranty without Viduet’s permission. Any other or further claim by the User based on non-conformity of the loaned Equipment is excluded. Costs for work and repairs outside the scope of this warranty may be charged by Viduet in accordance with its usual rates.
Viduet has no obligation under the loan agreement with regard to errors and/or other defects reported after the end of the period referred to in the previous paragraph.
If the User stops using the Service, the User may, in accordance with the instructions included with the Equipment, return the Equipment to Viduet free of charge, following the instructions provided by Viduet for that purpose.
Viduet may request the User to return the Equipment at any time. The User is obligated to comply within 14 days of receiving the request. Viduet will cover the shipping costs for returning the Equipment. If the Equipment is not returned on time, Viduet is entitled to charge the User for the replacement value of the Equipment.

Article 9 – IP rights

All IP rights relating to the Service and App and/or Web Application belong exclusively to Viduet or its licensors.
The User is only granted the rights of use expressly granted in these Terms of Use and by mandatory law.
Viduet grants the User only a non-exclusive, non-transferable and revocable right to use the Service for the Intended Use for personal purposes, in accordance with these Terms of Use.
The right of use granted in these Terms of Use does not include the right to reuse, reproduce, modify, publish, lend, rent, distribute, reverse engineer, or extract parts. The User is not permitted to modify the material provided, use it for AI training purposes, or use scraping, mining, or similar techniques.
The User Data entered into or generated with the Service by the User remains the property of the User, unless otherwise agreed. Viduet does not acquire any IP rights to this User Data. Viduet is permitted, and to the extent required, obtains the right of use from the User, to use, process, and store User Data to provide the Service to the User, for internal business purposes, and to comply with legal and contractual obligations.
The User warrants that no third-party rights oppose the provision to or processing of User Data by Viduet. This includes ensuring the appropriate licenses or permissions, where relevant. The User indemnifies Viduet against any third-party claim based on the fact that such provision, use, maintenance, editing, processing, installation, or integration infringes any right of that third party.
Nothing in these Terms of Use implies a transfer of any IP right to the User, nor does it confer any implied license other than that expressly granted under these terms.

Article 10 – Privacy Policy and processing of health data

By accepting these Terms of Use, the User also declares that he or she is aware of the Privacy Policy (available via this link).

Article 11 – Data sharing

Pursuant to Article 20 GDPR and Article 5 Data Act, the User has the right to receive from Viduet all his/her Personal Data, including health data, generated by or entered into the Service (including the App and/or Web Application and the Equipment) in a structured, commonly used and machine-readable format.
The User also has the right to request that Viduet forward this data directly to a third party of the User's choosing. This always requires:
1. Explicit and specific consent of the User via the App and/or Web Application for the transfer to the specified third party.
2. That the transfer is technically feasible within Viduet's systems.
Viduet will carry out the transfer of data in accordance with applicable laws and regulations.
After successful transfer to the third party chosen by the User, Viduet is no longer responsible for the further processing, security and compliance with privacy legislation by that third party.
Viduet will provide data required under the Data Act in a common, machine-readable format. Viduet is not obligated to implement the data at the data recipient.
The User can submit a data sharing request to Viduet using the contact details in Article 2. Viduet will only process requests submitted in writing with sufficient detail. The User will, upon request, provide all necessary information to assess the legitimacy and scope of the request.
If the transfer of data entails disproportionately high costs for Viduet as a result of the request, Viduet reserves the right to charge a reasonable and transparent fee, solely in accordance with the Data Act. The User will be informed of this in advance.
Viduet may, to the extent permitted by law, charge the User and the data recipient switching fees or (ongoing) data extraction fees and a reasonable fee for making the data available, or charge for additional services related to the data sharing request at its usual rates.
When requesting data sharing for connected products and related services, Viduet is only obligated to provide readily available data regarding the performance, usage, and environment of connected products and/or related services, and, if necessary, the relevant metadata. This data does not include any information derived from or arising from such data, nor any content-related data. Viduet is exempt from sharing the data referred to in this article if the User has direct access to this data.
Viduet may, pursuant to Articles 4 and 5 of the Data Act, establish rules regarding the provision, use, or further sharing of data referred to in this article to the User or a third party, particularly if this could undermine the security requirements of the connected product or service, or if the data sharing affects trade secrets. The User shall ensure that data provided to a third party is not further shared.
The User may not use the data to develop or have developed a product or service that competes with the product or service from which the data originates, or to gain insight into the economic situation, assets and production methods of the manufacturer or Viduet.
Viduet may make User Data, including User health data, available to healthcare providers, hospitals, academic institutions or other researchers for scientific research in the public interest or statistical purposes, provided that (a) the processing is based on a legal basis in accordance with Article 9 paragraph 2 sub j GDPR, (b) the said data are anonymized or, if this is not possible, provided in at least pseudonymized form, in such a way that direct identification of the User is no longer possible for the receiving party, and (c) Viduet implements appropriate and specific safeguards as required by Article 89 paragraph 1 GDPR, including (i) concluding a proper data agreement with the research party, (ii) limiting access to the data to what is strictly necessary for the research purpose (data minimization), and (iii) ensuring the security of the data by the receiving party (technical and organizational measures).
Without prejudice to the User's rights under the GDPR, the User has the right to object (opt-out) at any time to the use of their data for the research purposes mentioned in paragraph 12. If the User exercises this right, their data will be excluded from future datasets for secondary use, unless there is a compelling legal obligation to provide it.

Article 12 – Notice and Action

Viduet may use measures and tools for content moderation. Viduet is not obligated to actively monitor or investigate illegal or unlawful activities. Intervention or monitoring by Viduet does not alter this. The contact details listed in Article 2 serve as a central point of contact for communications with Viduet.
Viduet may always take measures, whether or not in response to a notification from a third party, for example via a complaint handling system, to comply with applicable laws and regulations, prevent (imminent) liability to third parties, limit the consequences thereof, or comply with instructions or requests from an authority. These measures may include, for example, (temporarily) removing or making data, such as User data, suspending Users, restricting access to or use of the service, or (partially) suspending or terminating it. If possible, Viduet may first request the User in writing to delete certain data. In that case, the User will immediately remove the data in question from the Service.
Viduet cannot be expected to conduct extensive legal research to assess the validity of third-party claims or the User’s defense, nor to become involved in any way in a dispute between a third party and the User. The User will handle any dispute with a third party, including a Healthcare Provider, directly and inform Viduet in writing and with sufficient documentation.
Viduet is not liable for any damages arising from this article.

Article 13 – Liability of Viduet

Viduet’s total liability for any attributable failure or on any legal basis whatsoever, including failure to comply with any warranties or indemnities, is limited to compensation for damages as set out in this article.
Viduet’s liability for damages arising from or related to these Terms of Use or the use of the Service is limited to direct damages and to the amount paid in the relevant case by its liability insurance, plus the deductible borne by Viduet under that insurance. If, for whatever reason, no payment is made under the insurance, Viduet’s liability is limited to €5,000 per event or series of related events, with a maximum of €20,000 per year. Direct damages are defined as damages directly resulting from an attributable shortcoming of Viduet.
Viduet strives to ensure the correct functioning of the Service, including the algorithms incorporated therein and the associated data processing within the Service. Viduet’s liability for direct damages resulting from demonstrably incorrect data processing by the algorithm is limited in accordance with the general limitation of liability as included in paragraph 2 of this article.
Damages due to death, bodily injury or material damage to property are limited to €1,750,000 (one million seven hundred and fifty thousand euros).
Viduet is not liable for indirect damages. Indirect damages include consequential damages, damages resulting from third-party claims, and damages related to the use of third-party items, materials, or services prescribed by the User.
Viduet is not liable for any damage resulting from the interpretation of the processed data or medical decisions made on the basis thereof by the Healthcare Provider or User.
Viduet is not liable for any damage or costs resulting from the use or misuse of access or identification codes, certificates or other security measures.
Without prejudice to the provisions of this article, Viduet’s liability for damage resulting from a defect in the App or Equipment as a medical device is governed by the provisions of the MDR and applicable national product liability legislation. Viduet is not liable for damage resulting from the User’s failure to comply with the Equipment Manual.
The limitations and exclusions of liability as contained in this article do not apply in the event of intent or deliberate recklessness on the part of Viduet or its management, and only to the extent legally permitted under mandatory consumer law.
The provisions of this article shall not affect the rights of the User as a consumer under mandatory applicable consumer legislation, to the extent that they may not be deviated from by law.
If a Party is prevented from doing so by force majeure, it shall not be obliged to fulfil any obligation, including any statutory and/or agreed warranty obligation. Force majeure is understood to mean, among other things: (i) force majeure of Viduet’s suppliers, (ii) the failure to properly fulfil obligations of suppliers prescribed to Viduet by the User, (iii) defects in goods, equipment, software or materials of third parties the use of which has been prescribed to Viduet by the User, (iv) government measures, including import and trade restrictions, (v) fire, power failure, (vi) failure of the digital infrastructure and telecommunications facilities, (vii) strikes or a pandemic, (viii) (cyber)crime, (cyber)vandalism, war or terrorism and (ix) general transportation problems.
The User is responsible for correctly creating and securing their Account, keeping their password confidential, and immediately reporting any suspected unauthorized use. Viduet is not liable for any damages resulting from the User’s failure to comply with these obligations.

Article 14 – Duration and termination

The Agreement and these Terms of Use are inseparably linked. If either document is terminated for any reason, the other will automatically terminate as well.
The Agreement is entered into for an indefinite period.
If the User wishes to terminate the Agreement, this is possible. The User may terminate the Agreement at any time. This can be done by deleting the account through the settings in the App.
Upon termination, access to the App and the associated Service will immediately cease. Viduet will delete the Account and the Personal Data associated with the Account in accordance with the Privacy Policy.
At the User's request, Viduet will endeavor to cooperate within a reasonable timeframe with any exit activities necessary for the transition to a third-party supplier or to the User. Viduet may charge its usual rates for these activities. There is no obligation for data conversion.
The User expressly agrees that the Service will be delivered and performed immediately after acceptance of these Terms of Use, and acknowledges that he thereby waives his right of withdrawal in accordance with Article 6:230p under g of the Dutch Civil Code, once the performance of the Service has begun.
Termination of the Agreement will not affect the validity of provisions that, by their nature, are intended to remain in effect. These are provisions regarding liability, IP rights, confidentiality, dispute resolution, deletion of personal data, and indemnification and indemnification.
Viduet has the right to deny the User access to and use of the App and the associated Service in whole or in part in the following cases:
1. if the User acts in violation of the Agreement, these Terms of Use, applicable laws or regulations, or instructions from Viduet;
2. if the User harms or endangers the rights of Viduet, other Users or third parties;
3. In the event of misuse, fraud, unlawful use, or any other situation that poses a risk to the security, continuity, or integrity of the App or Service or its associated data. Where reasonably possible, the User will receive prior notice of the intended denial of access, stating the reason. If access is denied, it will be limited to the duration and the portion necessary to protect the interests of Viduet and third parties, unless permanent termination is justified.
The authority under paragraph 8 does not affect Viduet's right to terminate the Agreement in its entirety.

Article 15 – Choice of law

These Terms of Use are governed by Dutch law. The Vienna Sales Convention 1980 does not apply.
For the User, this choice of law shall be without prejudice to the protection afforded by mandatory provisions of the law of the country in which the User has his habitual residence.

Article 16 – Choice of forum

If any disputes arise from using the Service, Viduet will initially attempt to resolve them with you. Should legal proceedings be necessary, the dispute will be settled by the court designated by law as having jurisdiction.
The Utrecht court has jurisdiction to hear the dispute, provided that the User has been granted a period of at least one month after Viduet has invoked this Article 16 paragraph 2 in writing against the User to choose to have the dispute settled by the legally competent court.

Article 17 – Other provisions

If any provision of these Terms of Use is found to be void, annulled or unenforceable, the validity of the remaining provisions shall remain unaffected.

***