3.4. JansApp should not be used in the event of an emergency. In that case, the user should call 112 or one of the JH practices.

3.5. To use JansApp, the user must provide at their own expense the necessary equipment, system software, and (internet) connection.

4. Fair use

4.1. Use of JansApp by the user must take place on the basis of normal, honest, and reasonable use.

4.2. The user is not allowed to use JansApp excessively, unreasonably, improperly, or by using JansApp to cause nuisance or overload at JH.

5. Prohibited use

5.1. Use of JansApp for commercial purposes is prohibited.

5.2. Use of JansApp for healthcare-related questions for persons who are not patients at one of the JH practices is prohibited.

5.3. Use of JansApp to undertake unlawful and/or criminal activities (for example stalking, phishing, spoofing, shaming, distribution of viruses, or content that infringes on the intellectual property rights of third parties) is prohibited.

6. Availability of JansApp

6.1. JH cannot guarantee that JansApp will always be available without interruptions, errors, or defects. JH is not liable, on any grounds whatsoever, for damage resulting from and/or related to such interruptions, errors, or defects.

6.2. JH responds to the messages that a user sends via JansApp during the opening hours of the JH practices (Monday to Friday from 08.00 – 16.00).

6.3. The messages between a user and JH sent and received via JansApp are available up to one (1) month after a message has been sent via JansApp. After this period, a message is automatically deleted from JansApp.

7. (Special) personal data

7.1 Although JansApp is adequately secured, the user should consider whether sending (special) personal data (including photos and videos) is necessary for the question asked to JH via JansApp – from the point of view of data minimisation.

7.2 7.2 It is possible that the user provides JH with (special) personal data of someone other than themselves via JansApp. JH assumes that in that case:

• a) User is the parent or guardian of that person and that person is under 16 years of age; or
• b) User has obtained the consent of this person to provide the (special) personal data that concern him/her/they to JH via JansApp.

8. License

8.1. JH grants the user a non-exclusive, non-sublicensable, and non-transferable license to use the JansApp.

8.2. User may not make JansApp available to third parties, sell, rent, decompile, reverse engineer, or modify without prior permission from JH. Nor may user remove or bypass technical provisions intended to protect JansApp.

8.3. JH has the right at all times to modify JansApp, change information, data or other content, deny user the use of JansApp by terminating their license, limit the use of JansApp or deny access to JansApp in whole or in part, temporarily or permanently, in case user violates the Terms of Use.

8.4. JH can make an upgrade for JansApp available. The upgrade then qualifies as a JansApp within the meaning of the User Terms.

9. Intellectual property rights

9.1. All intellectual property rights and/or similar rights to (the content of) JansApp rest exclusively and exclusively with JH, or its licensors. Nothing in these Terms of Use intends to transfer any such right to User.

10. Termination

10.1. The user can terminate the use of JansApp at any time by removing or uninstalling JansApp from his/her/their mobile device.

10.2. JH can temporarily or permanently make JansApp unavailable for user(s) or otherwise discontinue JansApp without user(s) deriving any rights from it.

11. Applicable law, dispute resolution

11.1. Dutch law applies to the Terms of Use.

11.2. All disputes arising from or related to the use of JansApp fall under the exclusive jurisdiction of the Rotterdam court.