TERMS OF USE MYCLUSTERS

MyClusters provides services accessible via the Internet in the form of Software-as-a-service. Your use of these services is subject to the following terms of use ("Terms of Use"). Use of the services constitutes acceptance of these Terms of Use. Deviations from these Terms of Use are only possible with written confirmation from MyClusters.

Article 1.THE SERVICE

1.1 MyClusters provides you with personalised insights into your triggers, attack patterns and medication monitoring through the MyClusters pattern recognition and predictive analytics platform ("Service").

1.2 In order to use the Service, you must first register. You agree to be bound by these Terms of Use and thereby enter into an agreement with Myclusters and as such you become a “User”.

1.3.MyClusters processes your personal data. You consent to all forms of processing as part of the Service by accepting these Terms of Use and the Privacy Statement. See the MyClusters Privacy Statement for more information.

Article 2.TERMS OF USE

2.1.You must protect access to your account from third parties by keeping your username and password strictly confidential. MyClusters may assume that all actions taken from your account after you have logged in with your username and password are authorised and controlled by you. This means that you are responsible for these actions unless and until you notify MyClusters in writing (email is sufficient) that someone else knows your password

2.2.You are not permitted to use the Service for any purpose that violates Dutch or other applicable laws or regulations. This includes (but is not limited to) storing or transmitting data via the Service that is defamatory and/or racist.

2.3.If MyClusters finds that you are in breach of the Terms of Use or receives a complaint alleging the same, MyClusters will issue a warning. If the warning does not lead to an acceptable solution, MyClusters may intervene to stop the violation. In urgent or serious cases, MyClusters may intervene without warning.

2.4.In the event of MyClusters identifying a potential threat to the continued operation of the Service, whether through excessive transmission of emails or other data, leakage of personal data, or virus activity, MyClusters reserves the right to take any steps it deems reasonably necessary in this respect.

2.5.MyClusters reserves the right to recoup from you all damage suffered as a result of your violation of these terms of use. You agree to indemnify MyClusters against all third-party claims arising from your violation of these Terms of Use.

Article 3. AVAILABILITY AND MAINTENANCE

3.1.MyClusters will do its best to make sure the Service is available all the time, but can't promise that it will always be available

3.2.MyClusters actively maintains the Service. Maintenance is carried out at any time and may have a negative impact on the availability of the Service. Maintenance is always announced in advance if possible.

3.3.MyClusters reserves the right to change the Service from time to time. We welcome your feedback and suggestions, but the final decision on which changes are carried out (or not) rests with MyClusters. We will announce substantial changes to the Service at least thirty days in advance. If you cannot reasonably accept these changes, you have the right to terminate the Service.

Article 4. INTELLECTUAL PROPERTY

4.1.The Service, along with all information and images displayed on the MyClusters website, is the intellectual property of MyClusters. These items must not be copied or used without prior written consent from MyClusters, except as permitted by mandatory law.

4.2.Information that you store or process using the Service is and remains your property. MyClusters is granted a limited license to utilise this information for the provision of the Service, including for future aspects thereof. Termination of this license is possible by removing the information in question.

4.3.Should you choose to use the Service, you may be asked to provide feedback. In the event that you choose to provide feedback to MyClusters in this respect, MyClusters shall be the sole and exclusive owner of all such feedback. By submitting feedback, you irrevocably assign and agree to assign and transfer to MyClusters all your rights, title and interest in and to all that feedback.

Article 5.SUBSCRIPTION FEE

5.1.The Service of my MyClusters is offered at no charge.

Article 6.LIMITATION OF LIABILITY

6.1.The Service is provided "as is" and MyClusters disclaims all warranties, express or implied. MyClusters expressly disclaims any responsibility and shall not be liable for any damage, loss, injury or liability whatsoever arising from your reliance on any information contained in the Service.

6.2.Except in case of intentional misconduct or gross negligence MyClusters shall not be liable for the use of the Service or any damages in connection therewith.

6.3.MyClusters' maximum liability in connection with a breach of this agreement will not exceed the amount paid by the insurance company with which MyClusters is insured.

6.4.MyClusters in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption.

6.5.Damage may only be claimed if reported in writing to MyClusters within at least two months after discovery.

6.6.In the event of a force majeure situation, MyClusters has the right to suspend their obligations from the Agreement with a User or to terminate the Agreement with immediate effect, without being liable for compensation. This is mutual, so the User can also suspend their obligations or terminate the Agreement in the event of force majeure. Both Parties will do their best to resolve the force majeure situation as quickly as possible.

Article 7. TERM AND TERMINATION

7.1.This agreement enters into force as soon as you first use the Service and then remains in force until terminated.

7.2.You may terminate the agreement at any time with a notice period of one month, calculated from the moment of the notice.

7.3.MyClusters is entitled to terminate the agreement if you have not used the Service at all in the last 18 months. In such an event MyClusters shall first send a reminder mail to the e-mail address connected to your account.

7.4.By sending an email to privacy@myclusters.nl at any time, MyClusters will export your data used for the Service on your behalf and send it to you on a commonly used data carrier.

Article 8.CHANGES TO TERMS

8.1.MyClusters may change or add to these terms and conditions as well as any prices at any time.

8.2.MyClusters shall announce through the Service changes or additions at least thirty days before their taking effect.

8.3.If you do not want to accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of MyClusters after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.

Article 9.MISCELLANEOUS PROVISIONS

9.1.For any clause in these Terms of Use that demand that a statement must be done "in writing" to be legally valid, a statement by e-mail or communication through info@myclusters.nl shall be sufficient provided with sufficient certainty the authenticity of the sender can be established and the integrity of the statement has not been compromised.

9.2.The version of any communication of information as recorded by MyClusters shall be deemed to be authentic, unless you supply proof to the contrary.

9.3.In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.

9.4.MyClusters is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of MyClusters or the associated business activities.

9.5.Dutch law applies to this agreement.

9.6.Any disputes arising out of or in connection with these Terms of Use shall be exclusively subject to the jurisdiction of the courts in the Netherlands.

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