General
Welcome to Broncholab (hereinafter “Application”). These terms of use (hereafter “Terms of Use”) apply to the use of the Application and of all the services that are made available via this Application and that are further described in these Terms of Use (hereinafter referred to as “Services”).
By using the Application, you accept these Terms of Use provided by:
- Fluidda PLC, having its registered offices at Groeningenlei 132, 2550 Kontich, Belgium, and registered with the Register of Legal Entities of Antwerp, Belgium (division Antwerp) under company number 0877.160.706
- Fluidda INC, a company organized under the laws of state of Delaware, with registered office at 228 East 45th Street, 9th Floor, Suite 9E, New York, NY 10017
(hereinafter collectively referred to as “Fluidda” or “we”).
Before you register on the Application you must first read and accept all of the terms and conditions in, and linked to, these Terms of Use.
These Terms of Use constitute a legally binding agreement between you and Fluidda in relation to the use of the Services and the Application.
Acceptance of the terms
By clicking “I accept” or otherwise accessing the Application or using any of the Services (including the licenses, public domain tools,), you acknowledge that you have read, understood, and agreed to be bound by these Terms of Use.
By clicking “I accept” and/or otherwise accessing the Application or using any of the Services, you represent that you have the legal authority and legal capacity to accept these Terms of Use. If you do not agree to these Terms of Use, you are not authorized to use the Application and/or any Service(s) through the Application.
Any use of any of the Services made available via the Application must be done at all times in accordance with applicable legislation and in a safe and secure manner.
You acknowledge and accept that any use of the Services provided on or through the Application, is at your sole responsibility and risk, and you accept that Fluidda is not liable for any damages you may incur or cause to third parties in connection with such use.
Your account
You can register on the Application by invitation from Fluidda and you have to choose a password that contains at least 5 characters.
If you use the Application, you are responsible for maintaining the confidentiality of your account and password, as well as for restricting access to your computer or mobile device to prevent unauthorised access to your account. You agree to accept sole responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure. You should also inform us immediately at [email protected] if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
You have to make sure that the details you provide us with are correct and complete. You also have to inform us immediately of any changes to the information you provided us with when registering. You can access and update as much of the information you provided us with in your profile of the Application.
You can delete your account at any time by contacting us via [email protected]. Fluidda reserves the right to refuse access to the Application, terminate your account, remove or edit content at Fluidda’s discretion.
Access to the Application
We will try to ensure an uninterrupted availability of the Application and error-free transmissions. However, due to the nature of the internet, an uninterrupted and error-free access cannot be guaranteed. Also, your access to the Application may be occasionally suspended or restricted because of repairs, maintenance or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction. We do not warrant, nor guarantee the accessibility of any content that we provide through the Application.
Content
You represent and warrant that:
- you have the right to upload the content on the Application;
- the uploaded content will not infringe upon, misappropriate or otherwise violate the rights of any natural or legal person (including but not limited to trademark rights, copyrights, publicity rights and other intellectual property rights ) or any laws (such as without any limitation any applicable data protection legislation);
- the uploaded content does not contain anything inappropriate, defamatory, slanderous, obscene or hateful;
- you are responsible for respecting all laws (including but not limited to: patients rights, privacy laws, etc.) related to the uploaded content.
You are fully responsible and liable for all the generated content you upload on the Application. You will indemnify and hold Fluidda harmless from and against any and all third-party claims, actions or proceedings of any kind and from all damages, liabilities, costs and expenses relating to any (alleged) breach of any of these representations and warranties.
Services
Fluidda will offer its Services to you via the Application. This means that you will have an agreement with Fluidda. For sake completeness please find below an indicative list of Services that will be delivered to you via the Application:
- Analysis of your uploaded data via a report
Costs
The access to and use of the Application is free of charge. However, the provided Services will be charged in accordance with the payment schedule concluded between you and Fluidda.
All other costs, for example the costs made due to the use of telecommunications, internet or other media will be at your own expense.
Prohibited Conduct
You agree not to engage in any of the following activities:
Violating laws and rights
You may not (a) use the Application or any Services for any illegal purpose or in violation of any local, regional, national, EU legislation or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
Solicitation
You may not use the Application or Services or any information provided through the Application for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.
Disruption
You may not use the Application or Services in any manner that could disable, overburden, damage, or impair the Services, or interfere with any other party’s use and enjoyment of the Application or Services; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any the Services, or violating any regulation, policy, or procedure of any network, equipment, or server.
Harming others
- You may not post or transmit content on or through the Application or Services that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act; and
- You may not intimidate or harass another person through the Application or Services; and
- You may not post or transmit any personally identifiable information about natural persons on or through the Application or Services.
Impersonation or unauthorized access
- You may not impersonate another person, business or entity, or misrepresent an affiliation with a person, business or entity when using the Application or Services;
- You may not allow another person, business or entity to use their account or personal information;
- You may not use or attempt to use another’s account or personal information; and
- You may not attempt to gain unauthorized access to the Services, or the computer systems or networks connected to the Application or Services, through hacking, password mining or any other means.
Licence for access to the Application
Fluidda grants you a limited, non-exclusive, non-transferable and revocable licence to only access and make personal use of the Application. You are not allowed to modify the Application, or any portion of it.
This licence does not include:
- any re-sale or commercial use of the Application or its content;
- any collection and use of any product listings, descriptions or prices;
- any derivative use of the Application or its content;
- any downloading or copying of account information for the benefit of another merchant; or
- any use of data mining, robots or similar data gathering and extraction tools.
The Application or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the prior explicit written consent of Fluidda.
You are not allowed to undertake any of the following action, but not limited to:
- To use any meta-tags or any other “hidden text” utilising Fluidda’s or its affiliates names or trademarks without the explicit written consent of Fluidda;
- Act dishonestly or unprofessionally by engaging in unprofessional behaviour;
- Attempt to or actually override any security component;
- Remove any copyright, trademark or other proprietary rights notices;
- Collect, use or transfer any information, including but not limited to, personally identifiable information.
Any unauthorised use terminates the permission or license granted by Fluidda.
Trademarks
All marks indicated on the Application are trademarks or registered trademarks of Fluidda and valid in the European Union and/or other jurisdictions.
Fluidda’s graphics, logos, page headers, button icons, scripts and service names are the trademarks of Fluidda. Fluidda’s trademarks may not be used in connection with any product or service that is not Fluidda’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Fluidda.
All other trademarks not owned by Fluidda that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Fluidda.
Warranties
To the fullest extent allowed by applicable law, Fluidda offers the Application and Services which include the accessible content “as-is” without any representations or warranties concerning the Services, express, implied, statutory, or otherwise, including but not limited to warranties or conditions of merchantability, fitness for a particular purpose, title or non-infringement with regard to the Application and Services and the content available.
You understand and agree that Fluidda has no control of the availability of the Application and that Fluidda does not warrant that the (i) Application and (ii) Services made available will be uninterrupted, error-free, or free of viruses or other harmful components.
You understand and agree that Fluidda does not warrant or make any representation regarding the use of the Application or content in terms of accuracy, reliability, or otherwise.
To the fullest extent allowed by applicable law, Fluidda shall in no event be held responsible or liable whatsoever in any manner for any content on or the use of the Application or Services.
To the fullest extent allowed by applicable law, Fluidda shall in no event be liable for any direct, indirect, special, punitive, incidental, actual, consequential, special, exemplary, or other damages, including but not limited to the loss of revenue, profits or income, pain and suffering or emotional distress, the cost of substitute goods or services, or other damages incurred or suffered by you or any third party arising out of or related to the Application and/or Services or the termination thereof, regardless whether Fluidda has been advised of the possibility of such damages. Fluidda will not be liable and responsible for any damages you might suffer as a result of your use of the Application and/or Services.
Fluidda is only liable for the direct losses or damages in connection to the Application and/or Services offered on the Application and only if those direct losses or damages are caused intentionally or due to fraud of Fluidda.
To the fullest extent allowed by applicable law Fluidda shall in no event be held responsible or liable whatsoever in any manner for the functioning of the Application or any content posted on or available through the Application or Services (including claims of infringement relating to the Content), for the use of the Services, or for the conduct of third parties on or through the Application and/or Services.
Indemnification
Fluidda will be indemnified by you with respect to all claims, costs, losses and damages alleged by any third party against Fluidda due to any violation made by you of a legal provision, third party rights and/or these Terms of Use.
Personal Data
Fluidda is dedicated to protect the information and (personal) data it collects through the Application and Services in compliance with its privacy policy and the applicable privacy legislation (including but not limited to the General Data Protection Regulation 2016/679 and the Belgian law of 30 July 2018 relating to the processing of personal data). Please review our privacy policy and data protection policy to learn more about how we process, collect, use, share, protect and process personal information we have obtained.
Changes
We may unilaterally agree to change, remove or add clauses to the Terms of Use. When the Terms of Use are modified, they shall be uploaded and marked with the revision date.
Unless otherwise specified, all revised, modified and new Terms of Use shall take effect immediately and are applicable to the Application and Services, and will be notified to you. In case you refuse to accept the modified Terms of Use we cannot guarantee your continued use of the Application.
Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these Terms of Use if the delay or failure arises from any cause which is beyond our reasonable control.
Severability
If any part of the Terms of Use is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
Waiver
If you breach these Terms of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you would breach these conditions.
Governing law and jurisdiction
These Terms of Use are governed by and construed in accordance with the laws of Belgium. You agree, as we do, to submit any dispute to the exclusive jurisdiction of the courts of Brussels (Belgium).