General Terms of Use
FTI app

1) LEGAL RELATIONSHIP

1. By clicking on “I agree”, accessing, installing or otherwise using the FTI app, including creating an account, the individual concerned (hereinafter: ‘you’ or ‘User’) accepts these terms of use and acknowledges that the User has been sufficiently informed about the operation of the FTI app.
2. If you do not agree to these terms, then you are not allowed to use the FTI App and FTI does not grant you a license to use the FTI App.
3. Regarding the use of the FTI app, only these general terms of use govern the contractual relationship between the User and Flanders Technology and Innovation BV, registered in the KBO under number 1003.648.706 (hereinafter: ‘FTI’).

2) LICENSE

1. FTI grants you a restricted, personal, revocable, non-exclusive, non-transferable, limited license (without the right to sub-license) to access and use the FTI App, in accordance with these terms and any documentation and user instructions (which may be provided and updated from time to time).

3) USE IMPROVER-PLATFORM

1. The User agrees to comply with the following rules regarding registration and profile:
   1. The User creates no more than one personal account and does not transfer this account to anyone else.
   2. The User chooses an appropriate username and a strong password. The User is solely responsible for the proper management and correct use of the password and corresponding username:
      1. The User does not share the password with others, gives no one access to his/her account, and does nothing to harm this account.
      2. To avoid password cracking, it is best to change the password regularly and handle it confidentially.
   3. The User only provides correct, current, truthful, and complete data and is solely responsible for the accuracy, quality, integrity, legality, and reliability of the data, information, or material provided to FTI or entered/exchanged by the User (via the FTI App).
2. The User agrees to behave as a reasonable and prudent person and under no circumstances and shall not (indirectly):
   1. share any content that is or behave in a manner that is illegal, harmful, fake, untruthful, inaccurate, racist, hateful, offensive, threatening, immoral, unethical, or pornographic;
   2. bully, intimidate, or harass other Users. If this happens, these Users can contact FTI for assistance;
   3. send messages serving a commercial purpose or otherwise violate the privacy rights of others or try to collect personal data of others manually or automatically by using a ‘robot’, ‘crawler’, search or any other (automatic) tools or methods to access the FTI App and any data or information;
   4. record data from other Users using automated tools (such as Bots);
   5. upload viruses or other harmful codes;
   6. request login details from other Users and/or log in with someone else's account details;
   7. use the FTI app for illegal, misleading, malicious, fraudulent, or harmful activities;
   8. do anything that disrupts or overloads the correct functioning or display of the FTI app (such as a DOS attack);
   9. collect or harvest any information or data from the FTI App or our systems or attempt to decipher any transmissions to or from the servers running the FTI App;
   10. violate these terms of use or other FTI conditions.
3. The User shall at all times comply with these terms, applicable local, national or international regulations, laws and implementing acts, the documentation and any additional instructions provided by FTI from time to time. The User shall only use the FTI App in accordance with the user role that has been assigned and shall always behave respectfully towards other Users.
4. If the above rules are not respected, FTI has the right to deactivate or even delete the user account.

4) AVAILABILITY

1. The User understands and accepts that maintenance of the FTI app and/or the underlying IT infrastructure may cause temporary unavailability of the FTI app and access to data and information.
2. If you have questions or encounter problems during your use of the FTI App, [you can contact us or our help center as indicated on our website. We will try to help you as soon as possible. From time to time FTI may make various support channels available on its website or FTI App. If you use any of these support channels, we will try to provide you with an answer as soon as commercially possible. However, please note that, given the variety of possible requests, FTI makes no commitment whatsoever to provide a solution for each specific request.

5) PROTECTION OF PERSONAL DATA AND CONFIDENTIALITY

1. For information about data protection, such as exercising the User's rights, refer to the FTI app’s Privacy Policy.
2. You shall treat as confidential, protect and keep secret all confidential information relating to FTI, the FTI App, any content available on the FTI App and related Documentation (including but not limited to any visuals, forms, datasets, data extracts or other information and materials) and shall not disclose it to any third party. You shall not use any confidential information disclosed under these terms for any purpose other than as required to enjoy your rights under these terms or for the performance of your obligations under these terms. You shall implement appropriate measures to protect any confidential information and shall promptly notify FTI if you become aware of any breach of confidence and give FTI all reasonable assistance in connection therewith.
3. The obligations set out in this clause shall enter into force as from the start of your usage or access to the FTI App and shall survive during five (5) years after your last usage of or access to the FTI App. Upon expiry or termination of these terms, You will discontinue use of any confidential information received under these terms and delete and certify such deletion of all confidential information.

6) INTELLECTUAL PROPERTY RIGHTS

1. FTI declares to be a legitimate license holder of the FTI App.
2. Only a right of use with respect to the FTI App is granted, under the provided conditions. All intellectual property rights vested in or related to the FTI App, any content available on the FTI App, the Documentation (including any enhancements, improvements or amendments thereto, any updates, new releases or modifications in respect thereof and/or any derivatives based thereon) and related services are and remain the sole and exclusive property of FTI (or its licensors). Nothing herein constitutes any transfer of ownership rights related to the FTI App. FTI does not grant you any other rights to the FTI App than granted pursuant these terms.
3. Any copying, modification, reverse engineering, translation, adaptation or alteration of any part or the whole of the FTI app, attempt to discover the source code, and the creation of derivative works based on the FTA App or documentation in any form and by any means is strictly prohibited. Except as otherwise provided you shall not (indirectly) assign, distribute, sub-license, transfer, sell, lease or otherwise commercialize the FTI App or documentation to any third party, nor allow or permit any third party to do any of the same.

7) TERM, DEACTIVATION OR DELETION OF ACCOUNT

1. These terms shall apply for as long as you maintain your account in the FTI App. The User can delete their account at any time.
2. If the User clearly, seriously, or repeatedly violates these terms of use or if there are clear indications of breach of these terms or applicable laws, FTI may, at its discretion, immediately deactivate, suspend or delete their account, without any formalities being required and without prejudice to any other rights FTI may have under applicable law. In this case, FTI will inform the User by email.
3. The User can always contact FTI if they believe their account has been accidentally disabled by FTI.
4. In any case, the User's account will be deleted two years after the User last logged into the FTI app. Before deletion, FTI will first inform the User about the upcoming account deletion. If the User chooses to continue using their account, it will not be deleted.
5. The provisions of these terms that are expressly or implicitly intended to survive termination, shall survive, including without limitation, the provisions relating to intellectual property and limitation of liability.

8) LIMITED LIABILITY

1. FTI provides the FTI App ‘as is’. FTI does not and cannot warrant the quality, accuracy or correctness of any output or materials generated by using the FTI App (this depends on the quality of the data inputted (via your wearable). FTI disclaims all warranties of any kind, either express or implied, including but not limited to warranties that the FTI App will be without defect or error free, warranties of accuracy or completeness of data, availability, merchantability and fitness for a particular purpose, or non-infringement with respect to the FTI App.
2. FTI does not guarantee the compatibility of the FTI app with applications, programs, platforms, and/or equipment (such as a smartwatch) of third parties (that are not specifically indicated as compatible).
3. FTI’s liability, regardless of the cause, nature, or subject of the claim, is, subject to the maximum extent permitted under applicable laws, per event and in the annual aggregate be limited to (i) the amounts effectively paid out by its insurer; or (ii) a maximum amount of 250 euros if its insurer does not intervene. The parties accept this limit as reasonable given the nature, scope, and foreseeability of the damage.
4. As an exoneration clause within the meaning of Article 5.89 of the Civil Code, FTI is not liable for any damage, whether contractual or extra-contractual, caused by consequential and/or any indirect damage.
5. The above limitations and exclusions of liability do not apply in cases of (i) fraud, (ii) intentional fault, or (iii) fault when such fault affects the life or physical integrity of a person.
6. FTI and its information providers cannot be held liable for damages resulting from any malfunctions, interruptions, or errors, maintenance, repairs, checks, or technical problems related to the FTI app or by any damages caused by the User or any third parties.
7. The information, texts, photos, and illustrations are purely informative and do not constitute contractual documents. FTI cannot be held liable if the provided information, texts, photos, or illustrations contain errors or omissions.
8. FTI is not responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by force majeure (such as, internet failures, electricity outages, disruption of data network or telecommunication facilities, hacker attacks, virus or other malicious software attacks or infections or force majeure on the part of third party service providers). In such case FTI will inform you as soon as possible and shall undertake such steps to minimize the effects of the force majeure.
9. You warrant that any user data provided by you is accurate and truthful and that the user data shall not infringe any (intellectual property) rights of third parties.
10. You acknowledge and agree that FTI is not obligated to back up any information stored on your account.

9) THIRD PARTY COMPONENTS

1. The FTI App may contain and use programs, libraries and software developed by third parties. We may make use of such software in order to speed up development, ensure security and increase the quality of service of the FTI App. The User agrees that FTI cannot be held liable for any damage, loss of service or quality issue that is caused by such software.

10) CONTACT

1. Please contact support@fti.vlaanderen if you have questions with respect to these terms.

11) CHANGES OF TERMS

1. FTI reserves the right to change these terms from time to time (e.g. to reflect changes in applicable law, best practices or to deal with additional feature(s) which it may introduce). Any change to these terms will be notified to you by email or advised to you on your next log-in to the FTI App, ten (10) days prior to entering into force, unless the change is needed to comply with applicable law (in which case, the change may be enforced immediately). By using the FTI App after the terms have been changed in accordance with this clause, you agree to be bound by the amended terms.
2. FTI reserves the right to modify or update the FTI App from time to time to improve performance, enhance functionalities, reflect changes to the operating system or address security issues.

12) FINAL PROVISIONS

1. If a provision is declared null or invalid, this does not affect the application of the other provisions, and the User and FTI agree to automatically replace the null or invalid provision with a valid and enforceable provision in line with the original intent.
2. Any failure by FTI to enforce the provisions of these terms of use shall not imply a waiver of these provisions. Without written approval of FTI, you may not transfer your rights or your obligations under these terms of use to another person. FTI may assign, transfer and/or subcontract the rights and obligations under these terms of use to third parties.
3. Only Belgian law applies (excluding any conflict of law rules).
4. Except for mandatory provisions in consumer law, any dispute arising from or related to the use of the FTI app and/or these terms of use will be exclusively handled by the Dutch-speaking court of the competent Brussels court.

version 14 October 2024

Nederlandstalige versie